Public Act 101-0081
 
HB3249 EnrolledLRB101 07760 AMC 52809 b

    AN ACT to revise the law by combining multiple enactments
and making technical corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Nature of this Act.
    (a) This Act may be cited as the First 2019 General
Revisory Act.
    (b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
    This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
    (c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
    (d) Public Acts 100-534 through 100-1177 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
 
    Section 5. The Regulatory Sunset Act is amended by changing
Sections 4.29 and 4.39 as follows:
 
    (5 ILCS 80/4.29)
    Sec. 4.29. Act Acts repealed on December 31, 2019. The
following Act is repealed on December 31, 2019:
    The Medical Practice Act of 1987.
(Source: P.A. 100-429, eff. 8-25-17; 100-716, eff. 8-3-18;
100-796, eff. 8-10-18; revised 9-6-18.)
 
    (5 ILCS 80/4.39)
    Sec. 4.39. Acts Act repealed on January 1, 2029 and
December 31, 2029.
    (a) The following Act is repealed on January 1, 2029:
        The Environmental Health Practitioner Licensing Act.
    (b) The following Act is repealed on December 31, 2029:
        The Structural Pest Control Act.
(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
revised 9-6-18.)
 
    Section 10. The Illinois Administrative Procedure Act is
amended by changing Sections 5-30, 10-25, 10-50, and 10-75 as
follows:
 
    (5 ILCS 100/5-30)  (from Ch. 127, par. 1005-30)
    Sec. 5-30. Regulatory flexibility. When an agency proposes
a new rule or an amendment to an existing rule that may have an
impact on small businesses, not for profit corporations, or
small municipalities, the agency shall do each of the
following:
        (a) The agency shall consider each of the following
    methods for reducing the impact of the rulemaking on small
    businesses, not for profit corporations, or small
    municipalities. The agency shall reduce the impact by
    utilizing one or more of the following methods if it finds
    that the methods are legal and feasible in meeting the
    statutory objectives that are the basis of the proposed
    rulemaking.
            (1) Establish less stringent compliance or
        reporting requirements in the rule for small
        businesses, not for profit corporations, or small
        municipalities.
            (2) Establish less stringent schedules or
        deadlines in the rule for compliance or reporting
        requirements for small businesses, not for profit
        corporations, or small municipalities.
            (3) Consolidate or simplify the rule's compliance
        or reporting requirements for small businesses, not
        for profit corporations, or small municipalities.
            (4) Establish performance standards to replace
        design or operational standards in the rule for small
        businesses, not for profit corporations, or small
        municipalities.
            (5) Exempt small businesses, not for profit
        corporations, or small municipalities from any or all
        requirements of the rule.
        (b) Before or during the notice period required under
    subsection (b) of Section 5-40, the agency shall provide an
    opportunity for small businesses, not for profit
    corporations, or small municipalities to participate in
    the rulemaking process. The agency shall utilize one or
    more of the following techniques. These techniques are in
    addition to other rulemaking requirements imposed by this
    Act or by any other Act.
            (1) The inclusion in any advance notice of possible
        rulemaking of a statement that the rule may have an
        impact on small businesses, not for profit
        corporations, or small municipalities.
            (2) The publication of a notice of rulemaking in
        publications likely to be obtained by small
        businesses, not for profit corporations, or small
        municipalities.
            (3) The direct notification of interested small
        businesses, not for profit corporations, or small
        municipalities.
            (4) The conduct of public hearings concerning the
        impact of the rule on small businesses, not for profit
        corporations, or small municipalities.
            (5) The use of special hearing or comment
        procedures to reduce the cost or complexity of
        participation in the rulemaking by small businesses,
        not for profit corporations, or small municipalities.
        (c) Prior to the filing for publication in the Illinois
    Register of any proposed rule or amendment that may have an
    adverse impact on small businesses, each agency must
    prepare an economic impact analysis which shall be filed
    with the proposed rule and publicized in the Illinois
    Register together with the proposed rule. The economic
    impact analysis shall include the following:
            (1) An identification of the types and estimate of
        the number of the small businesses subject to the
        proposed rule or amendment. The agency shall identify
        the types of businesses subject to the proposed rule
        using the following 2-digit codes from the North
        American Industry Classification System (NAICS):
                11 Agriculture, Forestry, Fishing and Hunting.
                21 Mining.
                22 Utilities.
                23 Construction.
                31-33 Manufacturing.
                42 Wholesale Trade.
                44-45 Retail Trade.
                48-49 Transportation and Warehousing.
                51 Information.
                52 Finance and Insurance.
                53 Real Estate Rental and Leasing.
                54 Professional, Scientific, and Technical
            Services.
                55 Management of Companies and Enterprises.
                56 Administrative and Support and Waste
            Management and Remediation Services.
                61 Educational Services.
                62 Health Care and Social Assistance.
                71 Arts, Entertainment, and Recreation.
                72 Accommodation and Food Services.
                81 Other Services (except Public
            Administration).
                92 Public Administration.
            The agency shall also identify the impact of the
        proposed rule by identifying as many of the following
        categories that the agency reasonably believes the
        proposed rule will impact:
                A. Hiring and additional staffing.
                B. Regulatory requirements.
                C. Purchasing.
                D. Insurance changes.
                E. Licensing fees.
                F. Equipment and material needs.
                G. Training requirements.
                H. Recordkeeping Record keeping.
                I. Compensation and benefits.
                J. Other potential impacted categories.
            (2) The projected reporting, recordkeeping, and
        other administrative costs required for compliance
        with the proposed rule or amendment, including the type
        of professional skills necessary for preparation of
        the report or record.
            (3) A statement of the probable positive or
        negative economic effect on impacted small businesses.
            (4) A description of any less intrusive or less
        costly alternative methods of achieving the purpose of
        the proposed rule or amendment. The alternatives must
        be consistent with the stated objectives of the
        applicable statutes and the proposed rulemaking.
        The Department of Commerce and Economic Opportunity
    shall place notification of all proposed rules affecting
    small business on its website. The notification shall
    include the information provided by the agency under this
    subsection (c) together with the summary of the proposed
    rule published by the Joint Committee on Administrative
    Rules in the Flinn Report.
        The Business Assistance Office shall prepare an impact
    analysis of the rule or amendment describing its effect on
    small businesses whenever the Office believes, in its
    discretion, that an analysis is warranted or whenever
    requested to do so by 25 interested persons, an association
    representing at least 100 interested persons, the
    Governor, a unit of local government, or the Joint
    Committee on Administrative Rules. The impact analysis
    shall be completed before or within the notice period as
    described in subsection (b) of Section 5-40. Upon
    completion of any analysis in accordance with this
    subsection (c), the preparing agency or the Business
    Assistance Office shall submit the analysis to the Joint
    Committee on Administrative Rules, to any interested
    person who requested the analysis, and, if the agency
    prepared the analysis, to the Business Assistance Office.
        For purposes of this subsection (c), "small business"
    means a business with fewer than 50 full-time employees or
    less than $4,000,000 in gross annual sales.
        This subsection does not apply to rules and standards
    described in paragraphs (1) through (5) of subsection (c)
    of Section 1-5.
(Source: P.A. 100-688, eff. 1-1-19; revised 10-10-18.)
 
    (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)
    Sec. 10-25. Contested cases; notice; hearing.
    (a) In a contested case, all parties shall be afforded an
opportunity for a hearing after reasonable notice. The notice
shall be served personally, by certified or registered mail, by
email as provided by Section 10-75, or as otherwise provided by
law upon the parties or their agents appointed to receive
service of process and shall include the following:
        (1) A statement of the time, place, and nature of the
    hearing.
        (2) A statement of the legal authority and jurisdiction
    under which the hearing is to be held.
        (3) A reference to the particular Sections of the
    substantive and procedural statutes and rules involved.
        (4) Except where a more detailed statement is otherwise
    provided for by law, a short and plain statement of the
    matters asserted, the consequences of a failure to respond,
    and the official file or other reference number.
        (5) To the extent such information is available, the
    names, phone numbers, email addresses, and mailing
    addresses of the administrative law judge, or designated
    agency contact, the parties, and all other persons to whom
    the agency gives notice of the hearing unless otherwise
    confidential by law.
    (b) An opportunity shall be afforded all parties to be
represented by legal counsel and to respond and present
evidence and argument.
    (c) Unless precluded by law, disposition may be made of any
contested case by stipulation, agreed settlement, consent
order, or default.
(Source: P.A. 100-880, eff. 1-1-19; revised 10-10-18.)
 
    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
    Sec. 10-50. Decisions and orders.
    (a) A final decision or order adverse to a party (other
than the agency) in a contested case shall be in writing or
stated in the record. A final decision shall include findings
of fact and conclusions of law, separately stated. Findings of
fact, if set forth in statutory language, shall be accompanied
by a concise and explicit statement of the underlying facts
supporting the findings. If, in accordance with agency rules, a
party submitted proposed findings of fact, the decision shall
include a ruling upon each proposed finding. Parties or their
agents appointed to receive service of process shall be
notified either personally, by registered or certified mail, or
by email as provided by Section 10-75, or as otherwise provided
by law. Upon request a copy of the decision or order shall be
delivered or mailed forthwith to each party and to his attorney
of record.
    (b) All agency orders shall specify whether they are final
and subject to the Administrative Review Law. Every final order
shall contain a list of all parties of record to the case
including the name and address of the agency or officer
entering the order and the addresses of each party as known to
the agency where the parties may be served with pleadings,
notices, or service of process for any review or further
proceedings. Every final order shall also state whether the
rules of the agency require any motion or request for
reconsideration and cite the rule for the requirement. The
changes made by this amendatory Act of the 100th General
Assembly apply to all actions filed under the Administrative
Review Law on or after the effective date of this amendatory
Act of the 100th General Assembly.
    (c) A decision by any agency in a contested case under this
Act shall be void unless the proceedings are conducted in
compliance with the provisions of this Act relating to
contested cases, except to the extent those provisions are
waived under Section 10-70 and except to the extent the agency
has adopted its own rules for contested cases as authorized in
Section 1-5.
(Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
revised 10-10-18.)
 
    (5 ILCS 100/10-75)
    Sec. 10-75. Service by email.
    (a) The following requirements shall apply for consenting
to accept service by email:
        (1) At any time either before or after its issuance of
    a hearing notice as described in Section 10-25, an agency
    may require any attorney representing a party to the
    hearing to provide one or more email addresses at which he
    or she they shall accept service of documents described in
    Sections 10-25 and 10-50 in connection with the hearing. A
    party represented by an attorney may provide the email
    address of the attorney.
        (2) To the extent a person or entity is subject to
    licensure, permitting, or regulation by the agency, or
    submits an application for licensure or permitting to the
    agency, that agency may require, as a condition of such
    application, licensure, permitting, or regulation, that
    such persons or entities consent to service by email of the
    documents described in Sections 10-25 and 10-50 for any
    hearings that may arise in connection with such
    application, licensure or regulation, provided that the
    agency: (i) requires that any person or entity providing
    such an email address update that email address if it is
    changed; and (ii) annually verifies that email address.
        (3) At any time either before or after its issuance of
    a hearing notice as described in Section 10-25, an agency
    may request, but not require, an unrepresented party that
    is not subject to paragraph (2) of this subsection (a) to
    consent to accept service by email of the documents
    described in Sections 10-25 and 10-50 by designating an
    email address at which they will accept service.
        (4) Any person or entity who submits an email address
    under this Section shall also be given the option to
    designate no more than two secondary email addresses at
    which the person or entity consents to accept service,
    provided that, if any secondary email address is
    designated, an agency must serve the documents to both the
    designated primary and secondary email addresses.
    (b) Notwithstanding any party's consent to accept service
by email, no document described in Section Sections 10-25 or
10-50 may be served by email to the extent the document
contains:
        (1) a Social Security or individual taxpayer
    identification number;
        (2) a driver's license number;
        (3) a financial account number;
        (4) a debit or credit card number;
        (5) any other information that could reasonably be
    deemed personal, proprietary, confidential, or trade
    secret information; or
        (6) any information about or concerning a minor.
    (c) Service by email is deemed complete on the day of
transmission. Agencies that use email to serve documents under
Sections 10-25 and 10-50 shall adopt rules that specify the
standard for confirming delivery, and in failure to confirm
delivery, what steps the agency will take to ensure that
service by email or other means is accomplished.
    (d) This Section shall not apply with respect to any
service of notice other than under this Act.
(Source: P.A. 100-880, eff. 1-1-19; revised 10-10-18.)
 
    Section 15. The Freedom of Information Act is amended by
changing Sections 3 and 7.5 as follows:
 
    (5 ILCS 140/3)  (from Ch. 116, par. 203)
    Sec. 3. (a) Each public body shall make available to any
person for inspection or copying all public records, except as
otherwise provided in Sections 7 and 8.5 of this Act.
Notwithstanding any other law, a public body may not grant to
any person or entity, whether by contract, license, or
otherwise, the exclusive right to access and disseminate any
public record as defined in this Act.
    (b) Subject to the fee provisions of Section 6 of this Act,
each public body shall promptly provide, to any person who
submits a request, a copy of any public record required to be
disclosed by subsection (a) of this Section and shall certify
such copy if so requested.
    (c) Requests for inspection or copies shall be made in
writing and directed to the public body. Written requests may
be submitted to a public body via personal delivery, mail,
telefax, or other means available to the public body. A public
body may honor oral requests for inspection or copying. A
public body may not require that a request be submitted on a
standard form or require the requester to specify the purpose
for a request, except to determine whether the records are
requested for a commercial purpose or whether to grant a
request for a fee waiver. All requests for inspection and
copying received by a public body shall immediately be
forwarded to its Freedom of Information officer or designee.
    (d) Each public body shall, promptly, either comply with or
deny a request for public records within 5 business days after
its receipt of the request, unless the time for response is
properly extended under subsection (e) of this Section. Denial
shall be in writing as provided in Section 9 of this Act.
Failure to comply with a written request, extend the time for
response, or deny a request within 5 business days after its
receipt shall be considered a denial of the request. A public
body that fails to respond to a request within the requisite
periods in this Section but thereafter provides the requester
with copies of the requested public records may not impose a
fee for such copies. A public body that fails to respond to a
request received may not treat the request as unduly burdensome
under subsection (g).
    (e) The time for response under this Section may be
extended by the public body for not more than 5 business days
from the original due date for any of the following reasons:
        (i) the requested records are stored in whole or in
    part at other locations than the office having charge of
    the requested records;
        (ii) the request requires the collection of a
    substantial number of specified records;
        (iii) the request is couched in categorical terms and
    requires an extensive search for the records responsive to
    it;
        (iv) the requested records have not been located in the
    course of routine search and additional efforts are being
    made to locate them;
        (v) the requested records require examination and
    evaluation by personnel having the necessary competence
    and discretion to determine if they are exempt from
    disclosure under Section 7 of this Act or should be
    revealed only with appropriate deletions;
        (vi) the request for records cannot be complied with by
    the public body within the time limits prescribed by
    subsection (d) paragraph (c) of this Section without unduly
    burdening or interfering with the operations of the public
    body;
        (vii) there is a need for consultation, which shall be
    conducted with all practicable speed, with another public
    body or among 2 two or more components of a public body
    having a substantial interest in the determination or in
    the subject matter of the request.
    The person making a request and the public body may agree
in writing to extend the time for compliance for a period to be
determined by the parties. If the requester and the public body
agree to extend the period for compliance, a failure by the
public body to comply with any previous deadlines shall not be
treated as a denial of the request for the records.
    (f) When additional time is required for any of the above
reasons, the public body shall, within 5 business days after
receipt of the request, notify the person making the request of
the reasons for the extension and the date by which the
response will be forthcoming. Failure to respond within the
time permitted for extension shall be considered a denial of
the request. A public body that fails to respond to a request
within the time permitted for extension but thereafter provides
the requester with copies of the requested public records may
not impose a fee for those copies. A public body that requests
an extension and subsequently fails to respond to the request
may not treat the request as unduly burdensome under subsection
(g).
    (g) Requests calling for all records falling within a
category shall be complied with unless compliance with the
request would be unduly burdensome for the complying public
body and there is no way to narrow the request and the burden
on the public body outweighs the public interest in the
information. Before invoking this exemption, the public body
shall extend to the person making the request an opportunity to
confer with it in an attempt to reduce the request to
manageable proportions. If any public body responds to a
categorical request by stating that compliance would unduly
burden its operation and the conditions described above are
met, it shall do so in writing, specifying the reasons why it
would be unduly burdensome and the extent to which compliance
will so burden the operations of the public body. Such a
response shall be treated as a denial of the request for
information.
    Repeated requests from the same person for the same records
that are unchanged or identical to records previously provided
or properly denied under this Act shall be deemed unduly
burdensome under this provision.
    (h) Each public body may promulgate rules and regulations
in conformity with the provisions of this Section pertaining to
the availability of records and procedures to be followed,
including:
        (i) the times and places where such records will be
    made available, and
        (ii) the persons from whom such records may be
    obtained.
    (i) The time periods for compliance or denial of a request
to inspect or copy records set out in this Section shall not
apply to requests for records made for a commercial purpose,
requests by a recurrent requester, or voluminous requests. Such
requests shall be subject to the provisions of Sections 3.1,
3.2, and 3.6 of this Act, as applicable.
(Source: P.A. 98-1129, eff. 12-3-14; revised 9-17-18.)
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (n) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Record Records Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange. The terms
    "identified" and "deidentified" shall be given the same
    meaning as in the Health Insurance Portability and
    Accountability Act of 1996, Public Law 104-191, or any
    subsequent amendments thereto, and any regulations
    promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed Carry
    Licensing Review Board under the Firearm Concealed Carry
    Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of an
    eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day and
    temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) (ll) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) (ll) Information that is exempt from disclosure
    under Section 70 of the Higher Education Student Assistance
    Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
 
    Section 20. The Illinois Notary Public Act is amended by
changing Section 7-108 as follows:
 
    (5 ILCS 312/7-108)  (from Ch. 102, par. 207-108)
    Sec. 7-108. Reprimand, suspension, and revocation of
commission.
    (a) The Secretary of State may revoke the commission of any
notary public who, during the current term of appointment:
        (1) submits an application for commission and
    appointment as a notary public which contains substantial
    and material misstatement or omission of fact; or
        (2) is convicted of any felony, misdemeanors,
    including those defined in Part C, Articles 16, 17, 18, 19,
    and 21, and Part E, Articles 31, 32, and 33 of the Criminal
    Code of 2012, or official misconduct under this Act.
    (b) Whenever the Secretary of State believes that a
violation of this Article has occurred, he or she may
investigate any such violation. The Secretary may also
investigate possible violations of this Article upon a signed
written complaint on a form designated by the Secretary.
    (c) A notary's failure to cooperate or respond to an
investigation by the Secretary of State is a failure by the
notary to fully and faithfully discharge the responsibilities
and duties of a notary and shall result in suspension or
revocation of the notary's commission.
    (d) All written complaints which on their face appear to
establish facts which, if proven true, would constitute an act
of misrepresentation or fraud in notarization or on the part of
the notary shall be investigated by the Secretary of State to
determine whether cause exists to reprimand, suspend, or revoke
the commission of the notary.
    (e) The Secretary of State may deliver a written official
warning and reprimand to a notary, or may revoke or suspend a
notary's commission, for any of the following:
        (1) a notary's official misconduct, as defined under
    Section 7-104;
        (2) any ground for which an application for appointment
    as a notary may be denied for failure to complete
    application requirements as provided under Section 2-102;
        (3) any prohibited act provided under Section 6-104; or
        (4) a violation of any provision of the general
    statutes.
    (f) After investigation and upon a determination by the
Secretary of State that one or more prohibited acts have has
been performed in the notarization of a document, the Secretary
shall, after considering the extent of the prohibited act and
the degree of culpability of the notary, order one or more of
the following courses of action:
        (1) issue a letter of warning to the notary, including
    the Secretary's findings;
        (2) order suspension of the commission of the notary
    for a period of time designated by the Secretary;
        (3) order revocation of the commission of the notary;
        (4) refer the allegations to the appropriate State's
    Attorney's Office or the Attorney General for criminal
    investigation; or
        (5) refer the allegations to the Illinois Attorney
    Registration and Disciplinary Commission for disciplinary
    proceedings.
    (g) After a notary receives notice from the Secretary of
State that his or her commission has been revoked, that notary
shall immediately deliver his or her official seal to the
Secretary.
    (h) A notary whose appointment has been revoked due to a
violation of this Act shall not be eligible for a new
commission as a notary public in this State for a period of at
least 5 years from the date of the final revocation.
    (i) A notary may voluntarily resign from appointment by
notifying the Secretary of State in writing of his or her
intention to do so, and by physically returning his or her
stamp to the Secretary. A voluntary resignation shall not stop
or preclude any investigation into a notary's conduct, or
prevent further suspension or revocation by the Secretary, who
may pursue any such investigation to a conclusion and issue any
finding.
    (j) Upon a determination by a sworn law enforcement officer
that the allegations raised by the complaint are founded, and
the notary has received notice of suspension or revocation from
the Secretary of State, the notary is entitled to an
administrative hearing.
    (k) The Secretary of State shall adopt administrative
hearing rules applicable to this Section that are consistent
with the Illinois Administrative Procedure Act.
(Source: P.A. 100-809, eff. 1-1-19; revised 10-10-18.)
 
    Section 25. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
 
    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
    Sec. 1. Definitions. For the purpose of this Act:
    (a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher education
created by the State, the Illinois National Guard, the Illinois
State Guard, the Comprehensive Health Insurance Board, any
poison control center designated under the Poison Control
System Act that receives State funding, or any other agency or
instrumentality of the State. It does not mean any local public
entity as that term is defined in Section 1-206 of the Local
Governmental and Governmental Employees Tort Immunity Act or a
pension fund.
    (b) The term "employee" means: any present or former
elected or appointed officer, trustee or employee of the State,
or of a pension fund; any present or former commissioner or
employee of the Executive Ethics Commission or of the
Legislative Ethics Commission; any present or former
Executive, Legislative, or Auditor General's Inspector
General; any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General; any present or former member of the Illinois National
Guard while on active duty; any present or former member of the
Illinois State Guard while on State active duty; individuals or
organizations who contract with the Department of Corrections,
the Department of Juvenile Justice, the Comprehensive Health
Insurance Board, or the Department of Veterans' Affairs to
provide services; individuals or organizations who contract
with the Department of Human Services (as successor to the
Department of Mental Health and Developmental Disabilities) to
provide services including but not limited to treatment and
other services for sexually violent persons; individuals or
organizations who contract with the Department of Military
Affairs for youth programs; individuals or organizations who
contract to perform carnival and amusement ride safety
inspections for the Department of Labor; individuals who
contract with the Office of the State's Attorneys Appellate
Prosecutor to provide legal services, but only when performing
duties within the scope of the Office's prosecutorial
activities; individual representatives of or designated
organizations authorized to represent the Office of State
Long-Term Ombudsman for the Department on Aging; individual
representatives of or organizations designated by the
Department on Aging in the performance of their duties as adult
protective services agencies or regional administrative
agencies under the Adult Protective Services Act; individuals
or organizations appointed as members of a review team or the
Advisory Council under the Adult Protective Services Act;
individuals or organizations who perform volunteer services
for the State where such volunteer relationship is reduced to
writing; individuals who serve on any public entity (whether
created by law or administrative action) described in paragraph
(a) of this Section; individuals or not for profit
organizations who, either as volunteers, where such volunteer
relationship is reduced to writing, or pursuant to contract,
furnish professional advice or consultation to any agency or
instrumentality of the State; individuals who serve as foster
parents for the Department of Children and Family Services when
caring for youth in care as defined in Section 4d of the
Children and Family Services Act; individuals who serve as
members of an independent team of experts under the
Developmental Disability and Mental Health Safety Act (also
known as Brian's Law); and individuals who serve as arbitrators
pursuant to Part 10A of Article II of the Code of Civil
Procedure and the rules of the Supreme Court implementing Part
10A, each as now or hereafter amended; the term "employee" does
not mean an independent contractor except as provided in this
Section. The term includes an individual appointed as an
inspector by the Director of State Police when performing
duties within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization
established under the Intergovernmental Cooperation Act. An
individual who renders professional advice and consultation to
the State through an organization which qualifies as an
"employee" under the Act is also an employee. The term includes
the estate or personal representative of an employee.
    (c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;
revised 10-18-18.)
 
    Section 30. The State Employment Records Act is amended by
changing Section 20 as follows:
 
    (5 ILCS 410/20)
    Sec. 20. Reports. State agencies shall collect, classify,
maintain, and report all information required by this Act on a
fiscal year basis. Agencies shall file, as public information
and by January 1, 1993 and each year thereafter, a copy of all
reports required by this Act with the Office of the Secretary
of State, and shall submit an annual report to the Governor.
     Each agency's annual report shall include a description of
the agency's activities in implementing the State Hispanic
Employment Plan, the State Asian-American Employment Plan, and
the bilingual employment plan in accordance with the reporting
requirements developed by the Department of Central Management
Services pursuant to Section 405-125 of the Department of
Central Management Services Law of the Civil Administrative
Code of Illinois.
    In addition to submitting the agency work force report,
each executive branch constitutional officer, each institution
of higher education under the jurisdiction of the Illinois
Board of Higher Education, each community college under the
jurisdiction of the Illinois Community College Board, and the
Illinois Toll Highway Authority shall report to the General
Assembly by February 1 of each year its activities implementing
strategies and programs, and its progress, in the hiring and
promotion of Hispanics, Asian-Americans, and bilingual persons
at supervisory, technical, professional, and managerial
levels, including assessments of bilingual service needs and
information received from the Auditor General pursuant to its
periodic review responsibilities.
(Source: P.A. 96-1286, eff. 1-1-11; 96-1341, eff. 7-27-10;
97-856, eff. 7-27-12; revised 10-10-18.)
 
    Section 35. The State Employee Housing Act is amended by
changing Section 5-35 as follows:
 
    (5 ILCS 412/5-35)
    Sec. 5-35. Housing justification. The Department of
Natural Resources, and the University of Illinois shall each
develop written criteria for determining which employment
positions necessitate provision of State housing. The criteria
shall include the specific employee responsibilities that can
only be performed effectively by occupying State housing.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)
 
    Section 40. The Illinois Governmental Ethics Act is amended
by changing Section 4A-101 as follows:
 
    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
    Sec. 4A-101. Persons required to file. The following
persons shall file verified written statements of economic
interests, as provided in this Article:
        (a) Members of the General Assembly and candidates for
    nomination or election to the General Assembly.
        (b) Persons holding an elected office in the Executive
    Branch of this State, and candidates for nomination or
    election to these offices.
        (c) Members of a Commission or Board created by the
    Illinois Constitution, and candidates for nomination or
    election to such Commission or Board.
        (d) Persons whose appointment to office is subject to
    confirmation by the Senate and persons appointed by the
    Governor to any other position on a board or commission
    described in subsection (a) of Section 15 of the
    Gubernatorial Boards and Commissions Act.
        (e) Holders of, and candidates for nomination or
    election to, the office of judge or associate judge of the
    Circuit Court and the office of judge of the Appellate or
    Supreme Court.
        (f) Persons who are employed by any branch, agency,
    authority or board of the government of this State,
    including but not limited to, the Illinois State Toll
    Highway Authority, the Illinois Housing Development
    Authority, the Illinois Community College Board, and
    institutions under the jurisdiction of the Board of
    Trustees of the University of Illinois, Board of Trustees
    of Southern Illinois University, Board of Trustees of
    Chicago State University, Board of Trustees of Eastern
    Illinois University, Board of Trustees of Governors
    Governor's State University, Board of Trustees of Illinois
    State University, Board of Trustees of Northeastern
    Illinois University, Board of Trustees of Northern
    Illinois University, Board of Trustees of Western Illinois
    University, or Board of Trustees of the Illinois
    Mathematics and Science Academy, and are compensated for
    services as employees and not as independent contractors
    and who:
            (1) are, or function as, the head of a department,
        commission, board, division, bureau, authority or
        other administrative unit within the government of
        this State, or who exercise similar authority within
        the government of this State;
            (2) have direct supervisory authority over, or
        direct responsibility for the formulation,
        negotiation, issuance or execution of contracts
        entered into by the State in the amount of $5,000 or
        more;
            (3) have authority for the issuance or
        promulgation of rules and regulations within areas
        under the authority of the State;
            (4) have authority for the approval of
        professional licenses;
            (5) have responsibility with respect to the
        financial inspection of regulated nongovernmental
        entities;
            (6) adjudicate, arbitrate, or decide any judicial
        or administrative proceeding, or review the
        adjudication, arbitration or decision of any judicial
        or administrative proceeding within the authority of
        the State;
            (7) have supervisory responsibility for 20 or more
        employees of the State;
            (8) negotiate, assign, authorize, or grant naming
        rights or sponsorship rights regarding any property or
        asset of the State, whether real, personal, tangible,
        or intangible; or
            (9) have responsibility with respect to the
        procurement of goods or services.
        (g) Persons who are elected to office in a unit of
    local government, and candidates for nomination or
    election to that office, including regional
    superintendents of school districts.
        (h) Persons appointed to the governing board of a unit
    of local government, or of a special district, and persons
    appointed to a zoning board, or zoning board of appeals, or
    to a regional, county, or municipal plan commission, or to
    a board of review of any county, and persons appointed to
    the Board of the Metropolitan Pier and Exposition Authority
    and any Trustee appointed under Section 22 of the
    Metropolitan Pier and Exposition Authority Act, and
    persons appointed to a board or commission of a unit of
    local government who have authority to authorize the
    expenditure of public funds. This subsection does not apply
    to members of boards or commissions who function in an
    advisory capacity.
        (i) Persons who are employed by a unit of local
    government and are compensated for services as employees
    and not as independent contractors and who:
            (1) are, or function as, the head of a department,
        division, bureau, authority or other administrative
        unit within the unit of local government, or who
        exercise similar authority within the unit of local
        government;
            (2) have direct supervisory authority over, or
        direct responsibility for the formulation,
        negotiation, issuance or execution of contracts
        entered into by the unit of local government in the
        amount of $1,000 or greater;
            (3) have authority to approve licenses and permits
        by the unit of local government; this item does not
        include employees who function in a ministerial
        capacity;
            (4) adjudicate, arbitrate, or decide any judicial
        or administrative proceeding, or review the
        adjudication, arbitration or decision of any judicial
        or administrative proceeding within the authority of
        the unit of local government;
            (5) have authority to issue or promulgate rules and
        regulations within areas under the authority of the
        unit of local government; or
            (6) have supervisory responsibility for 20 or more
        employees of the unit of local government.
        (j) Persons on the Board of Trustees of the Illinois
    Mathematics and Science Academy.
        (k) Persons employed by a school district in positions
    that require that person to hold an administrative or a
    chief school business official endorsement.
        (l) Special government agents. A "special government
    agent" is a person who is directed, retained, designated,
    appointed, or employed, with or without compensation, by or
    on behalf of a statewide executive branch constitutional
    officer to make an ex parte communication under Section
    5-50 of the State Officials and Employees Ethics Act or
    Section 5-165 of the Illinois Administrative Procedure
    Act.
        (m) Members of the board of commissioners of any flood
    prevention district created under the Flood Prevention
    District Act or the Beardstown Regional Flood Prevention
    District Act.
        (n) Members of the board of any retirement system or
    investment board established under the Illinois Pension
    Code, if not required to file under any other provision of
    this Section.
        (o) Members of the board of any pension fund
    established under the Illinois Pension Code, if not
    required to file under any other provision of this Section.
        (p) Members of the investment advisory panel created
    under Section 20 of the Illinois Prepaid Tuition Act.
    This Section shall not be construed to prevent any unit of
local government from enacting financial disclosure
requirements that mandate more information than required by
this Act.
(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;
97-754, eff. 7-6-12; revised 10-10-18.)
 
    Section 45. The State Officials and Employees Ethics Act is
amended by changing Section 25-5 as follows:
 
    (5 ILCS 430/25-5)
    Sec. 25-5. Legislative Ethics Commission.
    (a) The Legislative Ethics Commission is created.
    (b) The Legislative Ethics Commission shall consist of 8
commissioners appointed 2 each by the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
    The terms of the initial commissioners shall commence upon
qualification. Each appointing authority shall designate one
appointee who shall serve for a 2-year term running through
June 30, 2005. Each appointing authority shall designate one
appointee who shall serve for a 4-year term running through
June 30, 2007. The initial appointments shall be made within 60
days after the effective date of this Act.
    After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
    Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
    Terms shall run regardless of whether the position is
filled.
    (c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and may appoint commissioners who are members of the General
Assembly as well as commissioners from the general public. A
commissioner who is a member of the General Assembly must
recuse himself or herself from participating in any matter
relating to any investigation or proceeding in which he or she
is the subject or is a complainant. A person is not eligible to
serve as a commissioner if that person (i) has been convicted
of a felony or a crime of dishonesty or moral turpitude, (ii)
is, or was within the preceding 12 months, engaged in
activities that require registration under the Lobbyist
Registration Act, (iii) is a relative of the appointing
authority, (iv) is a State officer or employee other than a
member of the General Assembly, or (v) is a candidate for
statewide office, federal office, or judicial office.
    (c-5) If a commissioner is required to recuse himself or
herself from participating in a matter as provided in
subsection (c), the recusal shall create a temporary vacancy
for the limited purpose of consideration of the matter for
which the commissioner recused himself or herself, and the
appointing authority for the recusing commissioner shall make a
temporary appointment to fill the vacancy for consideration of
the matter for which the commissioner recused himself or
herself.
    (d) The Legislative Ethics Commission shall have
jurisdiction over current and former members of the General
Assembly regarding events occurring during a member's term of
office and current and former State employees regarding events
occurring during any period of employment where the State
employee's ultimate jurisdictional authority is (i) a
legislative leader, (ii) the Senate Operations Commission, or
(iii) the Joint Committee on Legislative Support Services. The
jurisdiction of the Commission is limited to matters arising
under this Act.
    An officer or executive branch State employee serving on a
legislative branch board or commission remains subject to the
jurisdiction of the Executive Ethics Commission and is not
subject to the jurisdiction of the Legislative Ethics
Commission.
    (e) The Legislative Ethics Commission must meet, either in
person or by other technological means, monthly or as often as
necessary. At the first meeting of the Legislative Ethics
Commission, the commissioners shall choose from their number a
chairperson and other officers that they deem appropriate. The
terms of officers shall be for 2 years commencing July 1 and
running through June 30 of the second following year. Meetings
shall be held at the call of the chairperson or any 3
commissioners. Official action by the Commission shall require
the affirmative vote of 5 commissioners, and a quorum shall
consist of 5 commissioners. Commissioners shall receive no
compensation but may be reimbursed for their reasonable
expenses actually incurred in the performance of their duties.
    (f) No commissioner, other than a commissioner who is a
member of the General Assembly, or employee of the Legislative
Ethics Commission may during his or her term of appointment or
employment:
        (1) become a candidate for any elective office;
        (2) hold any other elected or appointed public office
    except for appointments on governmental advisory boards or
    study commissions or as otherwise expressly authorized by
    law;
        (3) be actively involved in the affairs of any
    political party or political organization; or
        (4) advocate for the appointment of another person to
    an appointed or elected office or position or actively
    participate in any campaign for any elective office.
    (f-5) No commissioner who is a member of the General
Assembly may be a candidate for statewide office, federal
office, or judicial office. If a commissioner who is a member
of the General Assembly files petitions to be a candidate for a
statewide office, federal office, or judicial office, he or she
shall be deemed to have resigned from his or her position as a
commissioner on the date his or her name is certified for the
ballot by the State Board of Elections or local election
authority and his or her position as a commissioner shall be
deemed vacant. Such person may not be reappointed to the
Commission during any time he or she is a candidate for
statewide office, federal office, or judicial office.
    (g) An appointing authority may remove a commissioner only
for cause.
    (h) The Legislative Ethics Commission shall appoint an
Executive Director subject to the approval of at least 3 of the
4 legislative leaders. The compensation of the Executive
Director shall be as determined by the Commission. The
Executive Director of the Legislative Ethics Commission may
employ, subject to the approval of at least 3 of the 4
legislative leaders, and determine the compensation of staff,
as appropriations permit.
    (i) In consultation with the Legislative Inspector
General, the Legislative Ethics Commission may develop
comprehensive training for members and employees under its
jurisdiction that includes, but is not limited to, sexual
harassment, employment discrimination, and workplace civility.
The training may be recommended to the ultimate jurisdictional
authorities and may be approved by the Commission to satisfy
the sexual harassment training required under Section 5-10.5 or
be provided in addition to the annual sexual harassment
training required under Section 5-10.5. The Commission may seek
input from governmental agencies or private entities for
guidance in developing such training.
(Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.)
 
    Section 50. The State Commemorative Dates Act is amended by
setting forth and renumbering multiple versions of Section 195
as follows:
 
    (5 ILCS 490/195)
    Sec. 195. Illinois Statehood Day. December 3rd of each year
is designated as Illinois Statehood Day, to be observed
throughout the State as a day to commemorate December 3, 1818
as the day Illinois became the 21st State to join the Union.
Each year, within 10 days before Illinois Statehood Day, the
Governor shall issue a proclamation announcing the recognition
of Statehood Day, and designate the official events that shall
be held in honor of Illinois obtaining statehood on December 3,
1818.
(Source: P.A. 100-898, eff. 1-1-19.)
 
    (5 ILCS 490/196)
    Sec. 196 195. Day of the Horse. The fifth day of March of
each year shall be designated as the Day of the Horse, to be
observed throughout the State as a day to encourage citizens to
honor and celebrate the role of equines in the history and
character of Illinois, and to recognize the benefits of the
equine industry to the economy, agriculture, tourism, and
quality of life in Illinois.
(Source: P.A. 100-1033, eff. 8-22-18; revised 10-3-18.)
 
    Section 55. The Community-Law Enforcement Partnership for
Deflection and Substance Use Disorder Treatment Act is amended
by changing Sections 15 and 35 as follows:
 
    (5 ILCS 820/15)
    Sec. 15. Authorization.
    (a) Any law enforcement agency may establish a deflection
program subject to the provisions of this Act in partnership
with one or more licensed providers of substance use disorder
treatment services and one or more community members or
organizations.
    (b) The deflection program may involve a post-overdose
deflection response, a self-referral deflection response, an
active outreach deflection response, an officer prevention
deflection response, or an officer intervention deflection
response, or any combination of those.
    (c) Nothing shall preclude the General Assembly from adding
other responses to a deflection program, or preclude a law
enforcement agency from developing a deflection program
response based on a model unique and responsive to local
issues, substance use or mental health needs, and partnerships,
using sound and promising or evidence-based practices.
    (c-5) Whenever appropriate and available, case management
should be provided by a licensed treatment provider or other
appropriate provider and may include peer recovery support
approaches.
    (d) To receive funding for activities as described in
Section 35 of this Act, planning for the deflection program
shall include:
        (1) the involvement of one or more licensed treatment
    programs and one or more community members member or
    organizations organization; and
        (2) an agreement with the Illinois Criminal Justice
    Information Authority to collect and evaluate relevant
    statistical data related to the program, as established by
    the Illinois Criminal Justice Information Authority in
    paragraph (2) of subsection (a) of Section 25 of this Act.
(Source: P.A. 100-1025, eff. 1-1-19; revised 10-3-18.)
 
    (5 ILCS 820/35)
    Sec. 35. Funding.
    (a) The General Assembly may appropriate funds to the
Illinois Criminal Justice Information Authority for the
purpose of funding law enforcement agencies for services
provided by deflection program partners as part of deflection
programs subject to subsection (d) of Section 15 of this Act.
    (b) The Illinois Criminal Justice Information Authority
may adopt guidelines and requirements to direct the
distribution of funds for expenses related to deflection
programs. Funding shall be made available to support both new
and existing deflection programs in a broad spectrum of
geographic regions in this State, including urban, suburban,
and rural communities. Activities eligible for funding under
this Act may include, but are not limited to, the following:
        (1) activities related to program administration,
    coordination, or management, including, but not limited
    to, the development of collaborative partnerships with
    licensed treatment providers and community members or
    organizations; collection of program data; or monitoring
    of compliance with a local deflection program plan;
        (2) case management including case management provided
    prior to assessment, diagnosis, and engagement in
    treatment, as well as assistance navigating and gaining
    access to various treatment modalities and support
    services;
        (3) peer recovery or recovery support services that
    include the perspectives of persons with the experience of
    recovering from a substance use disorder, either
    themselves or as family members;
        (4) transportation to a licensed treatment provider or
    other program partner location;
        (5) program evaluation activities.
    (c) Specific linkage agreements with recovery support
services or self-help entities may be a requirement of the
program services protocols. All deflection programs shall
encourage the involvement of key family members and significant
others as a part of a family-based approach to treatment. All
deflection programs are encouraged to use evidence-based
practices and outcome measures in the provision of substance
use disorder treatment and medication-assisted medication
assisted treatment for persons with opioid use disorders.
(Source: P.A. 100-1025, eff. 1-1-19; revised 10-3-18.)
 
    Section 60. The Election Code is amended by changing
Sections 3-4, 4-12, 5-15, 6-44, 6A-7, 7-2, 7-58, 17-22, and
24A-10 as follows:
 
    (10 ILCS 5/3-4)  (from Ch. 46, par. 3-4)
    Sec. 3-4. No patient who has resided for less than 180 days
in any hospital or mental institution in this State, shall by
virtue of his abode at such hospital or mental institution be
deemed a resident or legal voter in the town, city, village or
election district or precinct in which such hospital or mental
institution may be situated; but every such person shall be
deemed a resident of the town, city, village or election
district or precinct in which he resided next prior to becoming
a patient of such hospital or mental institution. However, the
term "hospital" does not include skilled nursing facilities.
(Source: P.A. 100-1110, eff. 8-28-18; revised 9-26-18.)
 
    (10 ILCS 5/4-12)  (from Ch. 46, par. 4-12)
    Sec. 4-12. Any voter or voters in the township, city,
village or incorporated town containing such precinct, and any
precinct committeeperson in the county, may, between the hours
of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the second
week prior to the week in which the 1970 primary election for
the nomination of candidates for State and county offices or
any election thereafter is to be held, make application in
writing, to the county clerk, to have any name upon the
register of any precinct erased. Such application shall be, in
substance, in the words and figures following:
    "I, being a qualified voter, registered from No. ....
Street in the .... precinct of the .... ward of the city
(village or town of) .... (or of the .... town of ....) do
hereby solemnly swear (or affirm) that .... registered from No.
.... Street is not a qualified voter in the .... precinct of
.... ward of the city (village or town) of .... (or of the ....
town of ....) and hence I ask that his name be erased from the
register of such precinct for the following reason .....
    Affiant further says that he has personal knowledge of the
facts set forth in the above affidavit.
(Signed) .....
    Subscribed and sworn to before me on (insert date).
....
....
....."

 
    Such application shall be signed and sworn to by the
applicant before the county clerk or any deputy authorized by
the county clerk for that purpose, and filed with said clerk.
Thereupon notice of such application, and of the time and place
of hearing thereon, with a demand to appear before the county
clerk and show cause why his name shall not be erased from said
register, shall be mailed, in an envelope duly stamped and
directed to such person at the address upon said register, at
least four days before the day fixed in said notice to show
cause. If such person has provided the election authority with
an e-mail address, then the election authority shall also send
the same notice by electronic mail at least 4 days before the
day fixed in said notice to show cause.
    A like notice shall be mailed to the person or persons
making the application to have the name upon such register
erased to appear and show cause why said name should be erased,
the notice to set out the day and hour of such hearing. If the
voter making such application fails to appear before said clerk
at the time set for the hearing as fixed in the said notice or
fails to show cause why the name upon such register shall be
erased, the application to erase may be dismissed by the county
clerk.
    Any voter making the application is privileged from arrest
while presenting it to the county clerk, and while going to and
from the office of the county clerk.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    (10 ILCS 5/5-15)  (from Ch. 46, par. 5-15)
    Sec. 5-15. Any voter or voters in the township, city,
village, or incorporated town containing such precinct, and any
precinct committeeperson in the county, may, between the hours
of nine o'clock a.m. and six o'clock p.m. of the Monday and
Tuesday of the third week immediately preceding the week in
which such April 10, 1962 Primary Election is to be held, make
application in writing, before such County Clerk, to have any
name upon such register of any precinct erased. Thereafter such
application shall be made between the hours of nine o'clock
a.m. and six o'clock p.m. of Monday and Tuesday of the second
week prior to the week in which any county, city, village,
township, or incorporated town election is to be held. Such
application shall be in substance, in the words and figures
following:
    "I, being a qualified voter, registered from No. ....
Street in the .... precinct of the .... Ward of the city
(village or town of .... ) of the .... District .... town of
.... do hereby solemnly swear (or affirm) that .... registered
from No. .... Street is not a qualified voter in the ....
precinct of the .... ward of the city (village or town) of ....
or of the .... district town of .... hence I ask that his name
be erased from the register of such precinct for the following
reason ..... Affiant further says that he has personal
knowledge of the facts set forth in the above affidavit.
(Signed) .....
    Subscribed and sworn to before me on (insert date).
....
....
...."
    Such application shall be signed and sworn to by the
applicant before the County Clerk or any Deputy authorized by
the County Clerk for that purpose, and filed with the Clerk.
Thereupon notice of such application, with a demand to appear
before the County Clerk and show cause why his name shall not
be erased from the register, shall be mailed by special
delivery, duly stamped and directed, to such person, to the
address upon said register at least 4 days before the day fixed
in said notice to show cause. If such person has provided the
election authority with an e-mail address, then the election
authority shall also send the same notice by electronic mail at
least 4 days before the day fixed in said notice to show cause.
    A like notice shall be mailed to the person or persons
making the application to have the name upon such register
erased to appear and show cause why the name should be erased,
the notice to set out the day and hour of such hearing. If the
voter making such application fails to appear before the Clerk
at the time set for the hearing as fixed in the said notice or
fails to show cause why the name upon such register shall be
erased, the application may be dismissed by the County Clerk.
    Any voter making such application or applications shall be
privileged from arrest while presenting the same to the County
Clerk, and while whilst going to and returning from the office
of the County Clerk.
(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)
 
    (10 ILCS 5/6-44)  (from Ch. 46, par. 6-44)
    Sec. 6-44. Any voter or voters in the ward, village or
incorporated town containing such precinct, and any precinct
committeeperson in the county, may, between the hours of nine
o'clock a.m. and six p.m. of Monday and Tuesday of the second
week prior to the week in which such election is to be held
make application in writing, before such board of election
commissioners, to have any name upon such register of any
precinct erased. However, in municipalities having a
population of more than 500,000 and having a board of election
commissioners (except as otherwise provided for such
municipalities in Section 6-60 of this Article) and in all
cities, villages and incorporated towns within the
jurisdiction of such board, such application shall be made
between the hours of nine o'clock a.m. and six o'clock p.m. of
Monday and Tuesday of the second week prior to the week in
which such election is to be held. Such application shall be,
in substance, in the words and figures following:
    "I, being a qualified voter, registered from No. ....
street in the .... precinct of the .... ward of the city
(village or town) of .... do hereby solemnly swear (or affirm)
that I have personal knowledge that .... registered from No.
.... street is not a qualified voter in the .... precinct of
the .... ward of the city (village or town) of .... and hence I
ask that his name be erased from the register of such precinct
for the following reason ....
    Affiant further says that he has personal knowledge of the
facts set forth in the above affidavit.
(Signed)....
    Subscribed and sworn to before me on (insert date).
....
...."
    Such application shall be signed and sworn to by the
applicant before any member of the board or the clerk thereof
and filed with said board. Thereupon notice of such
application, with a demand to appear before the board of
election commissioners and show cause why his name shall not be
erased from said register, shall be personally served upon such
person or left at his place of residence indicated in such
register, or in the case of a homeless individual, at his or
her mailing address, by a messenger of said board of election
commissioners, and, as to the manner and time of serving such
notice such messenger shall make affidavit; the messenger shall
also make affidavit of the fact in case he cannot find such
person or his place of residence, and that he went to the place
named on such register as his or her place of residence. Such
notice shall be served at least one day before the time fixed
for such party to show cause.
    The commissioners shall also cause a like notice or demand
to be sent by mail duly stamped and directed, to such person,
to the address upon the register at least 2 days before the day
fixed in the notice to show cause.
    A like notice shall be served on the person or persons
making the application to have the name upon such register
erased to appear and show cause why said name shall be erased,
the notice to set out the day and hour of such hearing. If the
voter making such application fails to appear before said board
at the time set for the hearing as fixed in the notice or fails
to show cause why the name upon such register shall be erased,
the application may be dismissed by the board.
    Any voter making such application or applications shall be
privileged from arrest while presenting the same to the board
of election commissioners, and while going to and returning
from the board of election commissioners.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    (10 ILCS 5/6A-7)  (from Ch. 46, par. 6A-7)
    Sec. 6A-7. Dissolution.
    (a) Except as provided in subsection (b), any county which
has established a board of election commissioners may
subsequently vote to dissolve such board in the same manner as
provided in Article 6 for cities, villages, and incorporated
towns, except that the petition to the circuit court to submit
to the vote of the electors of the county the proposition to
dissolve the board of election commissioners shall be signed by
at least 10% of the registered voters of the county.
    (b) A county board in a county that has established a
county board of election commissioners in accordance with
subsection (a) of Section 6A-1 of this the Election Code may,
by ordinance or resolution, dissolve the county board of
election commissioners and transfer its functions to the county
clerk.
(Source: P.A. 100-628, eff. 1-1-19; revised 9-19-18.)
 
    (10 ILCS 5/7-2)  (from Ch. 46, par. 7-2)
    Sec. 7-2. A political party, which at the general election
for State and county officers then next preceding a primary,
polled more than 5 per cent of the entire vote cast in the
State, is hereby declared to be a political party within the
State, and shall nominate all candidates provided for in this
Article 7 under the provisions hereof, and shall elect
precinct, township, ward, and State central committeepersons
as herein provided.
    A political party, which at the general election for State
and county officers then next preceding a primary, cast more
than 5 per cent of the entire vote cast within any
congressional district, is hereby declared to be a political
party within the meaning of this Article, within such
congressional district, and shall nominate its candidate for
Representative in Congress, under the provisions hereof. A
political party, which at the general election for State and
county officers then next preceding a primary, cast more than 5
per cent of the entire vote cast in any county, is hereby
declared to be a political party within the meaning of this
Article, within said county, and shall nominate all county
officers in said county under the provisions hereof, and shall
elect precinct, township, and ward committeepersons, as herein
provided. ;
    A political party, which at the municipal election for
city, village, or incorporated town officers then next
preceding a primary, cast more than 5 per cent of the entire
vote cast in any city, or village, or incorporated town is
hereby declared to be a political party within the meaning of
this Article, within said city, village, or incorporated town,
and shall nominate all city, village, or incorporated town
officers in said city, or village, or incorporated town under
the provisions hereof to the extent and in the cases provided
in Section 7-1.
    A political party, which at the municipal election for town
officers then next preceding a primary, cast more than 5 per
cent of the entire vote cast in said town, is hereby declared
to be a political party within the meaning of this Article,
within said town, and shall nominate all town officers in said
town under the provisions hereof to the extent and in the cases
provided in Section 7-1.
    A political party, which at the municipal election in any
other municipality or political subdivision, (except townships
and school districts), for municipal or other officers therein
then next preceding a primary, cast more than 5 per cent of the
entire vote cast in such municipality or political subdivision,
is hereby declared to be a political party within the meaning
of this Article, within said municipality or political
subdivision, and shall nominate all municipal or other officers
therein under the provisions hereof to the extent and in the
cases provided in Section 7-1.
    Provided, that no political organization or group shall be
qualified as a political party hereunder, or given a place on a
ballot, which organization or group is associated, directly or
indirectly, with Communist, Fascist, Nazi, or other
un-American principles and engages in activities or propaganda
designed to teach subservience to the political principles and
ideals of foreign nations or the overthrow by violence of the
established constitutional form of government of the United
States and the State of Illinois.
(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)
 
    (10 ILCS 5/7-58)  (from Ch. 46, par. 7-58)
    Sec. 7-58. Each county clerk or board of election
commissioners shall, upon completion of the canvassing of the
returns, make and transmit to the State Board of Elections and
to each election authority whose duty it is to print the
official ballot for the election for which the nomination is
made a proclamation of the results of the primary. The
proclamation shall state the name of each candidate of each
political party so nominated or elected, as shown by the
returns, together with the name of the office for which he or
she was nominated or elected, including precinct, township and
ward committeepersons, and including in the case of the State
Board of Elections, candidates for State central
committeepersons, and delegates and alternate delegates to
National nominating conventions. If a notice of contest is
filed, the election authority shall, within one business day
after receiving a certified copy of the court's judgment or
order, amend its proclamation accordingly and proceed to file
an amended proclamation with the appropriate election
authorities and with the State Board of Elections.
    The State Board of Elections shall issue a certificate of
election to each of the persons shown by the returns and the
proclamation thereof to be elected State central
committeepersons, and delegates and alternate delegates to
National nominating nomination conventions; and the county
clerk shall issue a certificate of election to each person
shown by the returns to be elected precinct, township or ward
committeeperson. The certificate issued to such precinct
committeeperson shall state the number of ballots voted in his
or her precinct by the primary electors of his or her party at
the primary at which he or she was elected. The certificate
issued to such township committeeperson shall state the number
of ballots voted in his or her township or part of a township,
as the case may be, by the primary electors of his or her party
at the primary at which he or she was elected. The certificate
issued to such ward committeeperson shall state the number of
ballots voted in his or her ward by the primary electors of his
or her party at the primary at which he or she was elected.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    (10 ILCS 5/17-22)  (from Ch. 46, par. 17-22)
    Sec. 17-22. The judges of election shall make the tally
sheet and certificate of results in triplicate. If, however,
the number of established political parties, as defined in
Section 10-2, exceeds 2, one additional copy shall be made for
each established political party in excess of 2. One list of
voters, or other proper return with such certificate written
thereon, and accompanying tally sheet footed up so as to show
the correct number of votes cast for each person voted for,
shall be carefully enveloped and sealed up by the judges of
election, 2 of whom (one from each of the 2 major political
parties) shall immediately deliver same to the county clerk, or
his deputy, at the office of the county clerk, or to an
officially designated receiving station established by the
county clerk where a duly authorized representative of the
county clerk shall receive said envelopes for immediate
transmission to the office of county clerk, who shall safely
keep them. The other certificates of results and accompanying
tally sheet shall be carefully enveloped and sealed up and duly
directed, respectively, to the chair chairp of the county
central committee of each then existing established political
party, and by another of the judges of election deposited
immediately in the nearest United States letter deposit.
However, if any county chair notifies the county clerk not
later than 10 days before the election of his desire to receive
the envelope addressed to him at the point and at the time same
are delivered to the county clerk, his deputy or receiving
station designee the envelopes shall be delivered to such
county chair or his designee immediately upon receipt thereof
by the county clerk, his deputy or his receiving station
designee. The person or persons so designated by a county chair
shall sign an official receipt acknowledging receipt of said
envelopes. The poll book and tally list filed with the county
clerk shall be kept one year, and certified copies thereof
shall be evidence in all courts, proceedings and election
contests. Before the returns are sealed up, as aforesaid, the
judges shall compare the tally papers, footings and
certificates and see that they are correct and duplicates of
each other, and certify to the correctness of the same.
    At the consolidated election, the judges of election shall
make a tally sheet and certificate of results for each
political subdivision for which candidates or public questions
are on the ballot at such election, and shall sign, seal in a
marked envelope and deliver them to the county clerk with the
other certificates of results herein required. Such tally
sheets and certificates of results may be duplicates of the
tally sheet and certificate of results otherwise required by
this Section, showing all votes for all candidates and public
questions voted for or upon in the precinct, or may be on
separate forms prepared by the election authority and showing
only those votes cast for candidates and public questions of
each such political subdivision.
    Within 2 days of delivery of complete returns of the
consolidated election, the county clerk shall transmit an
original, sealed tally sheet and certificate of results from
each precinct in his jurisdiction in which candidates or public
questions of a political subdivision were on the ballot to the
local election official of such political subdivision. Each
local election official, within 24 hours of receipt of all of
the tally sheets and certificates of results for all precincts
in which candidates or public questions of his political
subdivision were on the ballot, shall transmit such sealed
tally sheets and certificates of results to the canvassing
board for that political subdivision.
    In the case of referenda for the formation of a political
subdivision, the tally sheets and certificates of results shall
be transmitted by the county clerk to the circuit court that
ordered the proposition submitted or to the officials
designated by the court to conduct the canvass of votes. In the
case of school referenda for which a regional superintendent of
schools is responsible for the canvass of votes, the county
clerk shall transmit the tally sheets and certificates of
results to the regional superintendent of schools.
    Where voting machines or electronic voting systems are
used, the provisions of this section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
    Only judges appointed under the provisions of subsection
(a) of Section 13-4 or subsection (b) of Section 14-1 may make
any delivery required by this Section from judges of election
to a county clerk, or his or her deputy, at the office of the
county clerk or to a county clerk's duly authorized
representative at the county clerk's officially designated
receiving station.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    (10 ILCS 5/24A-10)  (from Ch. 46, par. 24A-10)
    Sec. 24A-10. (1) In an election jurisdiction which has
adopted an electronic voting system, the election official in
charge of the election shall select one of the 3 following
procedures for receiving, counting, tallying, and return of the
ballots:
    (a) Two ballot boxes shall be provided for each polling
place. The first ballot box is for the depositing of votes cast
on the electronic voting system; and the second ballot box is
for all votes cast on paper ballots, including any paper
ballots required to be voted other than on the electronic
voting system. Ballots deposited in the second ballot box shall
be counted, tallied, and returned as is elsewhere provided in
this Code "The Election Code," as amended, for the counting and
handling of paper ballots. Immediately after the closing of the
polls, the judges of election shall make out a slip indicating
the number of persons who voted in the precinct at the
election. Such slip shall be signed by all the judges of
election and shall be inserted by them in the first ballot box.
The judges of election shall thereupon immediately lock each
ballot box; provided, that if such box is not of a type which
may be securely locked, such box shall be sealed with filament
tape provided for such purpose which shall be wrapped around
the box lengthwise and crosswise, at least twice each way, and
in such manner that the seal completely covers the slot in the
ballot box, and each of the judges shall sign such seal.
Thereupon two of the judges of election, of different political
parties, shall forthwith and by the most direct route transport
both ballot boxes to the counting location designated by the
county clerk or board of election commissioners.
    Before the ballots of a precinct are fed to the electronic
tabulating equipment, the first ballot box shall be opened at
the central counting station by the two precinct transport
judges. Upon opening a ballot box, such team shall first count
the number of ballots in the box. If 2 or more are folded
together so as to appear to have been cast by the same person,
all of the ballots so folded together shall be marked and
returned with the other ballots in the same condition, as near
as may be, in which they were found when first opened, but
shall not be counted. If the remaining ballots are found to
exceed the number of persons voting in the precinct as shown by
the slip signed by the judges of election, the ballots shall be
replaced in the box, and the box closed and well shaken and
again opened and one of the precinct transport judges shall
publicly draw out so many ballots unopened as are equal to such
excess.
    Such excess ballots shall be marked "Excess-Not Counted"
and signed by the two precinct transport judges and shall be
placed in the "After 7:00 p.m. Defective Ballots Envelope". The
number of excess ballots shall be noted in the remarks section
of the Certificate of Results. "Excess" ballots shall not be
counted in the total of "defective" ballots.
    The precinct transport judges shall then examine the
remaining ballots for write-in votes and shall count and
tabulate the write-in vote; or
    (b) A single ballot box, for the deposit of all votes cast,
shall be used. All ballots which are not to be tabulated on the
electronic voting system shall be counted, tallied, and
returned as elsewhere provided in this Code "The Election
Code," as amended, for the counting and handling of paper
ballots.
    All ballots to be processed and tabulated with the
electronic voting system shall be processed as follows:
    Immediately after the closing of the polls, the precinct
judges of election then shall open the ballot box and canvass
the votes polled to determine that the number of ballots
therein agree with the number of voters voting as shown by the
applications for ballot or if the same do not agree the judges
of election shall make such ballots agree with the applications
for ballot in the manner provided by Section 17-18 of this
Code. "The Election Code." The judges of election shall then
examine all ballot cards and ballot card envelopes which are in
the ballot box to determine whether the ballot cards and ballot
card envelopes bear the initials of a precinct judge of
election. If any ballot card or ballot card envelope is not
initialed, it shall be marked on the back "Defective,"
initialed as to such label by all judges immediately under such
word "Defective," and not counted, but placed in the envelope
provided for that purpose labeled "Defective Ballots
Envelope."
    When an electronic voting system is used which utilizes a
ballot card, before separating the ballot cards from their
respective covering envelopes, the judges of election shall
examine the ballot card envelopes for write-in votes. When the
voter has voted a write-in vote, the judges of election shall
compare the write-in vote with the votes on the ballot card to
determine whether such write-in results in an overvote for any
office. In case of an overvote for any office, the judges of
election, consisting in each case of at least one judge of
election of each of the two major political parties, shall make
a true duplicate ballot of all votes on such ballot card except
for the office which is overvoted, by using the ballot label
booklet of the precinct and one of the marking devices of the
precinct so as to transfer all votes of the voter except for
the office overvoted, to an official ballot card of that kind
used in the precinct at that election. The original ballot card
and envelope upon which there is an overvote shall be clearly
labeled "Overvoted Ballot", and each shall bear the same serial
number which shall be placed thereon by the judges of election,
commencing with number 1 and continuing consecutively for the
ballots of that kind in that precinct. The judges of election
shall initial the "Duplicate Overvoted Ballot" ballot cards and
shall place them in the box for return of the ballots. The
"Overvoted Ballot" ballots and their envelopes shall be placed
in the "Duplicate Ballots" envelope. Envelopes bearing
write-in votes marked in the place designated therefor and
bearing the initials of a precinct judge of election and not
resulting in an overvote and otherwise complying with the
election laws as to marking shall be counted, tallied, and
their votes recorded on a tally sheet provided by the election
official in charge of the election. The ballot cards and ballot
card envelopes shall be separated and all except any defective
or overvoted shall be placed separately in the box for return
of the ballots. The judges of election shall examine the
ballots and ballot cards to determine if any is damaged or
defective so that it cannot be counted by the automatic
tabulating equipment. If any ballot or ballot card is damaged
or defective so that it cannot properly be counted by the
automatic tabulating equipment, the judges of election,
consisting in each case of at least one judge of election of
each of the two major political parties, shall make a true
duplicate ballot of all votes on such ballot card by using the
ballot label booklet of the precinct and one of the marking
devices of the precinct. The original ballot or ballot card and
envelope shall be clearly labeled "Damaged Ballot" and the
ballot or ballot card so produced "Duplicate Damaged Ballot,"
and each shall bear the same number which shall be placed
thereon by the judges of election, commencing with number 1 and
continuing consecutively for the ballots of that kind in the
precinct. The judges of election shall initial the "Duplicate
Damaged Ballot" ballot or ballot cards, and shall place them in
the box for return of the ballots. The "Damaged Ballot" ballots
or ballot cards and their envelopes shall be placed in the
"Duplicated Ballots" envelope. A slip indicating the number of
voters voting in person shall be made out, signed by all judges
of election, and inserted in the box for return of the ballots.
The tally sheets recording the write-in votes shall be placed
in this box. The judges of election thereupon immediately shall
securely lock the ballot box or other suitable box furnished
for return of the ballots by the election official in charge of
the election; provided that if such box is not of a type which
may be securely locked, such box shall be sealed with filament
tape provided for such purpose which shall be wrapped around
the box lengthwise and crosswise, at least twice each way. A
separate adhesive seal label signed by each of the judges of
election of the precinct shall be affixed to the box so as to
cover any slot therein and to identify the box of the precinct;
and if such box is sealed with filament tape as provided herein
rather than locked, such tape shall be wrapped around the box
as provided herein, but in such manner that the separate
adhesive seal label affixed to the box and signed by the judges
may not be removed without breaking the filament tape and
disturbing the signature of the judges. Thereupon, 2 of the
judges of election, of different major political parties,
forthwith shall by the most direct route transport the box for
return of the ballots and enclosed ballots and returns to the
central counting location designated by the election official
in charge of the election. If, however, because of the lack of
adequate parking facilities at the central counting location or
for any other reason, it is impossible or impracticable for the
boxes from all the polling places to be delivered directly to
the central counting location, the election official in charge
of the election may designate some other location to which the
boxes shall be delivered by the 2 precinct judges. While at
such other location the boxes shall be in the care and custody
of one or more teams, each consisting of 4 persons, 2 from each
of the two major political parties, designated for such purpose
by the election official in charge of elections from
recommendations by the appropriate political party
organizations. As soon as possible, the boxes shall be
transported from such other location to the central counting
location by one or more teams, each consisting of 4 persons, 2
from each of the 2 major political parties, designated for such
purpose by the election official in charge of elections from
recommendations by the appropriate political party
organizations.
    The "Defective Ballots" envelope, and "Duplicated Ballots"
envelope each shall be securely sealed and the flap or end
thereof of each signed by the precinct judges of election and
returned to the central counting location with the box for
return of the ballots, enclosed ballots and returns.
    At the central counting location, a team of tally judges
designated by the election official in charge of the election
shall check the box returned containing the ballots to
determine that all seals are intact, and thereupon shall open
the box, check the voters' slip and compare the number of
ballots so delivered against the total number of voters of the
precinct who voted, remove the ballots or ballot cards and
deliver them to the technicians operating the automatic
tabulating equipment. Any discrepancies between the number of
ballots and total number of voters shall be noted on a sheet
furnished for that purpose and signed by the tally judges; or
    (c) A single ballot box, for the deposit of all votes cast,
shall be used. Immediately after the closing of the polls, the
precinct judges of election shall securely lock the ballot box;
provided that if such box is not of a type which may be
securely locked, such box shall be sealed with filament tape
provided for such purpose which shall be wrapped around the box
lengthwise and crosswise, at least twice each way. A separate
adhesive seal label signed by each of the judges of election of
the precinct shall be affixed to the box so as to cover any
slot therein and to identify the box of the precinct; and if
such box is sealed with filament tape as provided herein rather
than locked, such tape shall be wrapped around the box as
provided herein, but in such manner that the separate adhesive
seal label affixed to the box and signed by the judges may not
be removed without breaking the filament tape and disturbing
the signature of the judges. Thereupon, 2 of the judges of
election, of different major political parties, shall
forthwith by the most direct route transport the box for return
of the ballots and enclosed vote by mail and early ballots and
returns to the central counting location designated by the
election official in charge of the election. If however,
because of the lack of adequate parking facilities at the
central counting location or for some other reason, it is
impossible or impracticable for the boxes from all the polling
places to be delivered directly to the central counting
location, the election official in charge of the election may
designate some other location to which the boxes shall be
delivered by the 2 precinct judges. While at such other
location the boxes shall be in the care and custody of one or
more teams, each consisting of 4 persons, 2 from each of the
two major political parties, designated for such purpose by the
election official in charge of elections from recommendations
by the appropriate political party organizations. As soon as
possible, the boxes shall be transported from such other
location to the central counting location by one or more teams,
each consisting of 4 persons, 2 from each of the 2 major
political parties, designated for such purpose by the election
official in charge of the election from recommendations by the
appropriate political party organizations.
    At the central counting location there shall be one or more
teams of tally judges who possess the same qualifications as
tally judges in election jurisdictions using paper ballots. The
number of such teams shall be determined by the election
authority. Each team shall consist of 5 tally judges, 3
selected and approved by the county board from a certified list
furnished by the chair of the county central committee of the
party with the majority of members on the county board and 2
selected and approved by the county board from a certified list
furnished by the chair of the county central committee of the
party with the second largest number of members on the county
board. At the central counting location a team of tally judges
shall open the ballot box and canvass the votes polled to
determine that the number of ballot sheets therein agree with
the number of voters voting as shown by the applications for
ballot; and, if the same do not agree, the tally judges shall
make such ballots agree with the number of applications for
ballot in the manner provided by Section 17-18 of this the
Election Code. The tally judges shall then examine all ballot
sheets which are in the ballot box to determine whether they
bear the initials of the precinct judge of election. If any
ballot is not initialed, it shall be marked on the back
"Defective", initialed as to such label by all tally judges
immediately under such word "Defective", and not counted, but
placed in the envelope provided for that purpose labeled
"Defective Ballots Envelope". An overvote for one office shall
invalidate only the vote or count of that particular office.
    At the central counting location, a team of tally judges
designated by the election official in charge of the election
shall deliver the ballot sheets to the technicians operating
the automatic tabulating equipment. Any discrepancies between
the number of ballots and total number of voters shall be noted
on a sheet furnished for that purpose and signed by the tally
judges.
    (2) Regardless of which procedure described in subsection
(1) of this Section is used, the judges of election designated
to transport the ballots, properly signed and sealed as
provided herein, shall ensure that the ballots are delivered to
the central counting station no later than 12 hours after the
polls close. At the central counting station a team of tally
judges designated by the election official in charge of the
election shall examine the ballots so transported and shall not
accept ballots for tabulating which are not signed and sealed
as provided in subsection (1) of this Section until the judges
transporting the same make and sign the necessary corrections.
Upon acceptance of the ballots by a team of tally judges at the
central counting station, the election judges transporting the
same shall take a receipt signed by the election official in
charge of the election and stamped with the date and time of
acceptance. The election judges whose duty it is to transport
any ballots shall, in the event such ballots cannot be found
when needed, on proper request, produce the receipt which they
are to take as above provided.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    Section 65. The Executive Reorganization Implementation
Act is amended by changing Section 3.1 as follows:
 
    (15 ILCS 15/3.1)
    (Text of Section before amendment by P.A. 100-1050)
    Sec. 3.1. "Agency directly responsible to the Governor" or
"agency" means any office, officer, division, or part thereof,
and any other office, nonelective officer, department,
division, bureau, board, or commission in the executive branch
of State government, except that it does not apply to any
agency whose primary function is service to the General
Assembly or the Judicial Branch of State government, or to any
agency administered by the Attorney General, Secretary of
State, State Comptroller or State Treasurer. In addition the
term does not apply to the following agencies created by law
with the primary responsibility of exercising regulatory or
adjudicatory functions independently of the Governor:
    (1) the State Board of Elections;
    (2) the State Board of Education;
    (3) the Illinois Commerce Commission;
    (4) the Illinois Workers' Compensation Commission;
    (5) the Civil Service Commission;
    (6) the Fair Employment Practices Commission;
    (7) the Pollution Control Board;
    (8) the Department of State Police Merit Board;
    (9) the Illinois Racing Board;
    (10) the Illinois Power Agency; and
    (11) the Illinois Law Enforcement Training Standards
Board.
(Source: P.A. 100-995, eff. 8-20-18.)
 
    (Text of Section after amendment by P.A. 100-1050)
    Sec. 3.1. "Agency directly responsible to the Governor" or
"agency" means any office, officer, division, or part thereof,
and any other office, nonelective officer, department,
division, bureau, board, or commission in the executive branch
of State government, except that it does not apply to any
agency whose primary function is service to the General
Assembly or the Judicial Branch of State government, or to any
agency administered by the Attorney General, Secretary of
State, State Comptroller or State Treasurer. In addition the
term does not apply to the following agencies created by law
with the primary responsibility of exercising regulatory or
adjudicatory functions independently of the Governor:
    (1) the State Board of Elections;
    (2) the State Board of Education;
    (3) the Illinois Commerce Commission;
    (4) the Illinois Workers' Compensation Commission;
    (5) the Civil Service Commission;
    (6) the Fair Employment Practices Commission;
    (7) the Pollution Control Board;
    (8) the Department of State Police Merit Board;
    (9) the Illinois Racing Board;
    (10) the Illinois Power Agency; and
    (11) the Illinois Law Enforcement Training Standards
Board; and .
    (12) (11) the Illinois Liquor Control Commission.
(Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19;
revised 10-18-18.)
 
    Section 70. The Illinois Identification Card Act is amended
by changing Section 12 as follows:
 
    (15 ILCS 335/12)  (from Ch. 124, par. 32)
    (Text of Section before amendment by P.A. 100-717)
    Sec. 12. Fees concerning standard Illinois Identification
Cards. The fees required under this Act for standard Illinois
Identification Cards must accompany any application provided
for in this Act, and the Secretary shall collect such fees as
follows:
    a. Original card...............................$20
    b. Renewal card................................20
    c. Corrected card..............................10
    d. Duplicate card..............................20
    e. Certified copy with seal ...................5
    f. (Blank) ....................................
    g. Applicant 65 years of age or over ..........No Fee
    h. (Blank) ....................................
    i. Individual living in Veterans
        Home or Hospital ...........................No Fee
    j. Original card under 18 years of age..........$10
    k. Renewal card under 18 years of age...........$10
    l. Corrected card under 18 years of age.........$5
    m. Duplicate card under 18 years of age.........$10
    n. Homeless person..............................No Fee
    o. Duplicate card issued to an active-duty
        member of the United States Armed Forces, the
        member's spouse, or dependent children
        living with the member......................No Fee
    p. Duplicate temporary card.....................$5
    q. First card issued to a youth
        for whom the Department of Children
        and Family Services is legally responsible
        or a foster child upon turning the age of
        16 years old until he or she reaches
        the age of 21 years old..................... No Fee
    r. Original card issued to a committed
        person upon release on parole,
        mandatory supervised release,
        aftercare release, final
        discharge, or pardon from the
        Department of Corrections or
        Department of Juvenile Justice..............No Fee
    s. Limited-term Illinois Identification
        Card issued to a committed person
        upon release on parole, mandatory
        supervised release, aftercare
        release, final discharge, or pardon
        from the Department of
        Corrections or Department of
        Juvenile Justice............................No Fee
    All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
    An individual, who resides in a veterans home or veterans
hospital operated by the State or federal government, who makes
an application for an Illinois Identification Card to be issued
at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the State or federal
government.
    The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
    For the application for the first Illinois Identification
Card of a youth for whom the Department of Children and Family
Services is legally responsible or a foster child to be issued
at no fee, the youth must submit, along with the application,
an affirmation by his or her court appointed attorney or an
employee of the Department of Children and Family Services on a
form provided by the Secretary of State, that the person is a
youth for whom the Department of Children and Family Services
is legally responsible or a foster child.
    The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
    The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
    As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;
99-907, eff. 7-1-17; 100-201, eff. 8-18-17; 100-827, eff.
8-13-18.)
 
    (Text of Section after amendment by P.A. 100-717)
    Sec. 12. Fees concerning standard Illinois Identification
Cards. The fees required under this Act for standard Illinois
Identification Cards must accompany any application provided
for in this Act, and the Secretary shall collect such fees as
follows:
    a. Original card...............................$20
    b. Renewal card................................20
    c. Corrected card..............................10
    d. Duplicate card..............................20
    e. Certified copy with seal ...................5
    f. (Blank) ....................................
    g. Applicant 65 years of age or over ..........No Fee
    h. (Blank) ....................................
    i. Individual living in Veterans
        Home or Hospital ...........................No Fee
    j. Original card under 18 years of age..........$10
    k. Renewal card under 18 years of age...........$10
    l. Corrected card under 18 years of age.........$5
    m. Duplicate card under 18 years of age.........$10
    n. Homeless person..............................No Fee
    o. Duplicate card issued to an active-duty
        member of the United States Armed Forces, the
        member's spouse, or dependent children
        living with the member......................No Fee
    p. Duplicate temporary card.....................$5
    q. First card issued to a youth
        for whom the Department of Children
        and Family Services is legally responsible
        or a foster child upon turning the age of
        16 years old until he or she reaches
        the age of 21 years old..................... No Fee
    r. Original card issued to a committed
        person upon release on parole,
        mandatory supervised release,
        aftercare release, final
        discharge, or pardon from the
        Department of Corrections or
        Department of Juvenile Justice..............No Fee
    s. Limited-term Illinois Identification
        Card issued to a committed person
        upon release on parole, mandatory
        supervised release, aftercare
        release, final discharge, or pardon
        from the Department of
        Corrections or Department of
        Juvenile Justice............................No Fee
    t. Original card issued to a
        person up to 14 days prior
        to or upon conditional release
        or absolute discharge from
        the Department of Human Services............ No Fee
    u. Limited-term Illinois Identification
        Card issued to a person up to
        14 days prior to or upon
        conditional release or absolute discharge
        from the Department of Human Services....... No Fee
    All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
    An individual, who resides in a veterans home or veterans
hospital operated by the State or federal government, who makes
an application for an Illinois Identification Card to be issued
at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the State or federal
government.
    The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
    For the application for the first Illinois Identification
Card of a youth for whom the Department of Children and Family
Services is legally responsible or a foster child to be issued
at no fee, the youth must submit, along with the application,
an affirmation by his or her court appointed attorney or an
employee of the Department of Children and Family Services on a
form provided by the Secretary of State, that the person is a
youth for whom the Department of Children and Family Services
is legally responsible or a foster child.
    The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
    The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
    As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;
99-907, eff. 7-1-17; 100-201, eff. 8-18-17; 100-717, eff.
7-1-19; 100-827, eff. 8-13-18; revised 9-4-18.)
 
    Section 75. The State Treasurer Act is amended by changing
Section 16.5 as follows:
 
    (15 ILCS 505/16.5)
    Sec. 16.5. College Savings Pool.
    (a) Definitions. As used in this Section:
    "Account owner" means any person or entity who has opened
an account or to whom ownership of an account has been
transferred, as allowed by the Internal Revenue Code, and who
has authority to withdraw funds, direct withdrawal of funds,
change the designated beneficiary, or otherwise exercise
control over an account in the College Savings Pool.
    "Donor" means any person or entity who makes contributions
to an account in the College Savings Pool.
    "Designated beneficiary" means any individual designated
as the beneficiary of an account in the College Savings Pool by
an account owner. A designated beneficiary must have a valid
social security number or taxpayer identification number. In
the case of an account established as part of a scholarship
program permitted under Section 529 of the Internal Revenue
Code, the designated beneficiary is any individual receiving
benefits accumulated in the account as a scholarship.
    "Member of the family" has the same meaning ascribed to
that term under Section 529 of the Internal Revenue Code.
    "Nonqualified withdrawal" means a distribution from an
account other than a distribution that (i) is used for the
qualified expenses of the designated beneficiary; (ii) results
from the beneficiary's death or disability; (iii) is a rollover
to another account in the College Savings Pool; or (iv) is a
rollover to an ABLE account, as defined in Section 16.6 of this
Act, or any distribution that, within 60 days after such
distribution, is transferred to an ABLE account of the
designated beneficiary or a member of the family of the
designated beneficiary to the extent that the distribution,
when added to all other contributions made to the ABLE account
for the taxable year, does not exceed the limitation under
Section 529A(b)(2)(B)(i) of the Internal Revenue Code.
    "Program manager" means any financial institution or
entity lawfully doing business in the State of Illinois
selected by the State Treasurer to oversee the recordkeeping,
custody, customer service, investment management, and
marketing for one or more of the programs in the College
Savings Pool.
    "Qualified expenses" means: (i) tuition, fees, and the
costs of books, supplies, and equipment required for enrollment
or attendance at an eligible educational institution; (ii)
expenses for special needs services, in the case of a special
needs beneficiary, which are incurred in connection with such
enrollment or attendance; (iii) certain expenses for the
purchase of computer or peripheral equipment, as defined in
Section 168 of the federal Internal Revenue Code (26 U.S.C.
168), computer software, as defined in Section 197 of the
federal Internal Revenue Code (26 U.S.C. 197), or Internet
access and related services, if such equipment, software, or
services are to be used primarily by the beneficiary during any
of the years the beneficiary is enrolled at an eligible
educational institution, except that, such expenses shall not
include expenses for computer software designed for sports,
games, or hobbies, unless the software is predominantly
educational in nature; and (iv) room and board expenses
incurred while attending an eligible educational institution
at least half-time. "Eligible educational institutions", as
used in this Section, means public and private colleges, junior
colleges, graduate schools, and certain vocational
institutions that are described in Section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088) and that are eligible to
participate in Department of Education student aid programs. A
student shall be considered to be enrolled at least half-time
if the student is enrolled for at least half the full-time
academic workload for the course of study the student is
pursuing as determined under the standards of the institution
at which the student is enrolled.
    (b) Establishment of the Pool. The State Treasurer may
establish and administer a College Savings Pool as a qualified
tuition program under Section 529 of the Internal Revenue Code.
The Pool may consist of one or more college savings programs.
The State Treasurer, in administering the College Savings Pool,
may receive, hold, and invest moneys paid into the Pool and
perform such other actions as are necessary to ensure that the
Pool operates as a qualified tuition program in accordance with
Section 529 of the Internal Revenue Code.
    (c) Administration of the College Savings Pool. The State
Treasurer may engage one or more financial institutions to
handle the overall administration, investment management,
recordkeeping, and marketing of the programs in the College
Savings Pool. The contributions deposited in the Pool, and any
earnings thereon, shall not constitute property of the State or
be commingled with State funds and the State shall have no
claim to or against, or interest in, such funds.
    (d) Availability of the College Savings Pool. The State
Treasurer may permit persons, including trustees of trusts and
custodians under a Uniform Transfers to Minors Act or Uniform
Gifts to Minors Act account, and certain legal entities to be
account owners, including as part of a scholarship program,
provided that: (1) an individual, trustee or custodian must
have a valid social security number or taxpayer identification
number, be at least 18 years of age, and have a valid United
States street address; and (2) a legal entity must have a valid
taxpayer identification number and a valid United States street
address. Both in-state and out-of-state persons may be account
owners and donors, and both in-state and out-of-state
individuals may be designated beneficiaries in the College
Savings Pool.
    (e) Fees. The State Treasurer shall establish fees to be
imposed on accounts to recover the costs of administration,
recordkeeping, and investment management. The Treasurer must
use his or her best efforts to keep these fees as low as
possible and consistent with administration of high quality
competitive college savings programs.
    (f) Investments in the State. To enhance the safety and
liquidity of the College Savings Pool, to ensure the
diversification of the investment portfolio of the College
Savings Pool, and in an effort to keep investment dollars in
the State of Illinois, the State Treasurer may make a
percentage of each account available for investment in
participating financial institutions doing business in the
State.
    (g) Investment policy. The Treasurer shall develop,
publish, and implement an investment policy covering the
investment of the moneys in each of the programs in the College
Savings Pool. The policy shall be published each year as part
of the audit of the College Savings Pool by the Auditor
General, which shall be distributed to all account owners in
such program. The Treasurer shall notify all account owners in
such program in writing, and the Treasurer shall publish in a
newspaper of general circulation in both Chicago and
Springfield, any changes to the previously published
investment policy at least 30 calendar days before implementing
the policy. Any investment policy adopted by the Treasurer
shall be reviewed and updated if necessary within 90 days
following the date that the State Treasurer takes office.
    (h) Investment restrictions. An account owner may,
directly or indirectly, direct the investment of any
contributions to the College Savings Pool (or any earnings
thereon) only as provided in Section 529(b)(4) of the Internal
Revenue Code. Donors and designated beneficiaries, in those
capacities, may not, directly or indirectly, direct the
investment of any contributions to the Pool (or any earnings
thereon).
    (i) Distributions. Distributions from an account in the
College Savings Pool may be used for the designated
beneficiary's qualified expenses. Funds contained in a College
Savings Pool account may be rolled over into an eligible ABLE
account, as defined in Section 16.6 of this Act, to the extent
permitted by Section 529(c)(3)(C) of the Internal Revenue Code.
To the extent a nonqualified withdrawal is made from an
account, the earnings portion of such distribution may be
treated by the Internal Revenue Service as income subject to
income tax and a 10% federal penalty tax. Internet
    Distributions made from the College Savings Pool may be
made directly to the educational institution, directly to a
vendor, in the form of a check payable to both the designated
beneficiary and the institution or vendor, directly to the
designated beneficiary or account owner, or in any other manner
that is permissible under Section 529 of the Internal Revenue
Code.
    (j) Contributions. Contributions to the College Savings
Pool shall be as follows:
        (1) Contributions to an account in the College Savings
    Pool may be made only in cash.
        (2) The Treasurer shall limit the contributions that
    may be made to the College Savings Pool on behalf of a
    designated beneficiary, as required under Section 529 of
    the Internal Revenue Code, to prevent contributions for the
    benefit of a designated beneficiary in excess of those
    necessary to provide for the qualified expenses of the
    designated beneficiary. The Pool shall not permit any
    additional contributions to an account as soon as the
    aggregate accounts for the designated beneficiary in the
    Pool reach a specified account balance limit applicable to
    all designated beneficiaries.
        (3) The contributions made on behalf of a designated
    beneficiary who is also a beneficiary under the Illinois
    Prepaid Tuition Program shall be further restricted to
    ensure that the contributions in both programs combined do
    not exceed the limit established for the College Savings
    Pool.
    (k) Illinois Student Assistance Commission. The Treasurer
shall provide the Illinois Student Assistance Commission each
year at a time designated by the Commission, an electronic
report of all account owner accounts in the Treasurer's College
Savings Pool, listing total contributions and disbursements
from each individual account during the previous calendar year.
As soon thereafter as is possible following receipt of the
Treasurer's report, the Illinois Student Assistance Commission
shall, in turn, provide the Treasurer with an electronic report
listing those College Savings Pool account owners who also
participate in the State's prepaid tuition program,
administered by the Commission. The Commission shall be
responsible for filing any combined tax reports regarding State
qualified savings programs required by the United States
Internal Revenue Service.
    The Treasurer shall work with the Illinois Student
Assistance Commission to coordinate the marketing of the
College Savings Pool and the Illinois Prepaid Tuition Program
when considered beneficial by the Treasurer and the Director of
the Illinois Student Assistance Commission. The Treasurer
shall provide a separate accounting for each designated
beneficiary to each account owner.
    (l) Prohibition; exemption. No interest in the program, or
any portion thereof, may be used as security for a loan. Moneys
held in an account invested in the College Savings Pool shall
be exempt from all claims of the creditors of the account
owner, donor, or designated beneficiary of that account, except
for the non-exempt College Savings Pool transfers to or from
the account as defined under subsection (j) of Section 12-1001
of the Code of Civil Procedure.
    (m) Taxation. The assets of the College Savings Pool and
its income and operation shall be exempt from all taxation by
the State of Illinois and any of its subdivisions. The accrued
earnings on investments in the Pool once disbursed on behalf of
a designated beneficiary shall be similarly exempt from all
taxation by the State of Illinois and its subdivisions, so long
as they are used for qualified expenses. Contributions to a
College Savings Pool account during the taxable year may be
deducted from adjusted gross income as provided in Section 203
of the Illinois Income Tax Act. The provisions of this
paragraph are exempt from Section 250 of the Illinois Income
Tax Act.
    (n) Rules. The Treasurer shall adopt rules he or she
considers necessary for the efficient administration of the
College Savings Pool. The rules shall provide whatever
additional parameters and restrictions are necessary to ensure
that the College Savings Pool meets all of the requirements for
a qualified state tuition program under Section 529 of the
Internal Revenue Code.
    The rules shall provide for the administration expenses of
the Pool to be paid from its earnings and for the investment
earnings in excess of the expenses to be credited at least
monthly to the account owners in the Pool in a manner which
equitably reflects the differing amounts of their respective
investments in the Pool and the differing periods of time for
which those amounts were in the custody of the Pool.
    The rules shall require the maintenance of records that
enable the Treasurer's office to produce a report for each
account in the Pool at least annually that documents the
account balance and investment earnings.
    Notice of any proposed amendments to the rules and
regulations shall be provided to all account owners prior to
adoption. Amendments to rules and regulations shall apply only
to contributions made after the adoption of the amendment.
    (o) Bond. The State Treasurer shall give bond with at least
one surety, payable to and for the benefit of the account
owners in the College Savings Pool, in the penal sum of
$10,000,000, conditioned upon the faithful discharge of his or
her duties in relation to the College Savings Pool.
(Source: P.A. 99-143, eff. 7-27-15; 100-161, eff. 8-18-17;
100-863, eff. 8-14-18; 100-905, eff. 8-17-18; revised
10-18-18.)
 
    Section 80. The Deposit of State Moneys Act is amended by
changing Section 22.5 as follows:
 
    (15 ILCS 520/22.5)  (from Ch. 130, par. 41a)
    (For force and effect of certain provisions, see Section 90
of P.A. 94-79)
    Sec. 22.5. Permitted investments. The State Treasurer may,
with the approval of the Governor, invest and reinvest any
State money in the treasury which is not needed for current
expenditures due or about to become due, in obligations of the
United States government or its agencies or of National
Mortgage Associations established by or under the National
Housing Act, 12 1201 U.S.C. 1701 et seq., or in mortgage
participation certificates representing undivided interests in
specified, first-lien conventional residential Illinois
mortgages that are underwritten, insured, guaranteed, or
purchased by the Federal Home Loan Mortgage Corporation or in
Affordable Housing Program Trust Fund Bonds or Notes as defined
in and issued pursuant to the Illinois Housing Development Act.
All such obligations shall be considered as cash and may be
delivered over as cash by a State Treasurer to his successor.
    The State Treasurer may, with the approval of the Governor,
purchase any state bonds with any money in the State Treasury
that has been set aside and held for the payment of the
principal of and interest on the bonds. The bonds shall be
considered as cash and may be delivered over as cash by the
State Treasurer to his successor.
    The State Treasurer may, with the approval of the Governor,
invest or reinvest any State money in the treasury that is not
needed for current expenditure due or about to become due, or
any money in the State Treasury that has been set aside and
held for the payment of the principal of and the interest on
any State bonds, in shares, withdrawable accounts, and
investment certificates of savings and building and loan
associations, incorporated under the laws of this State or any
other state or under the laws of the United States; provided,
however, that investments may be made only in those savings and
loan or building and loan associations the shares and
withdrawable accounts or other forms of investment securities
of which are insured by the Federal Deposit Insurance
Corporation.
    The State Treasurer may not invest State money in any
savings and loan or building and loan association unless a
commitment by the savings and loan (or building and loan)
association, executed by the president or chief executive
officer of that association, is submitted in the following
form:
        The .................. Savings and Loan (or Building
    and Loan) Association pledges not to reject arbitrarily
    mortgage loans for residential properties within any
    specific part of the community served by the savings and
    loan (or building and loan) association because of the
    location of the property. The savings and loan (or building
    and loan) association also pledges to make loans available
    on low and moderate income residential property throughout
    the community within the limits of its legal restrictions
    and prudent financial practices.
    The State Treasurer may, with the approval of the Governor,
invest or reinvest, at a price not to exceed par, any State
money in the treasury that is not needed for current
expenditures due or about to become due, or any money in the
State Treasury that has been set aside and held for the payment
of the principal of and interest on any State bonds, in bonds
issued by counties or municipal corporations of the State of
Illinois.
    The State Treasurer may, with the approval of the Governor,
invest or reinvest any State money in the Treasury which is not
needed for current expenditure, due or about to become due, or
any money in the State Treasury which has been set aside and
held for the payment of the principal of and the interest on
any State bonds, in participations in loans, the principal of
which participation is fully guaranteed by an agency or
instrumentality of the United States government; provided,
however, that such loan participations are represented by
certificates issued only by banks which are incorporated under
the laws of this State or any other state or under the laws of
the United States, and such banks, but not the loan
participation certificates, are insured by the Federal Deposit
Insurance Corporation.
    Whenever the total amount of vouchers presented to the
Comptroller under Section 9 of the State Comptroller Act
exceeds the funds available in the General Revenue Fund by
$1,000,000,000 or more, then the State Treasurer may invest any
State money in the Treasury, other than money in the General
Revenue Fund, Health Insurance Reserve Fund, Attorney General
Court Ordered and Voluntary Compliance Payment Projects Fund,
Attorney General Whistleblower Reward and Protection Fund, and
Attorney General's State Projects and Court Ordered
Distribution Fund, which is not needed for current
expenditures, due or about to become due, or any money in the
State Treasury which has been set aside and held for the
payment of the principal of and the interest on any State bonds
with the Office of the Comptroller in order to enable the
Comptroller to pay outstanding vouchers. At any time, and from
time to time outstanding, such investment shall not be greater
than $2,000,000,000. Such investment shall be deposited into
the General Revenue Fund or Health Insurance Reserve Fund as
determined by the Comptroller. Such investment shall be repaid
by the Comptroller with an interest rate tied to the London
Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
equivalent market established variable rate, but in no case
shall such interest rate exceed the lesser of the penalty rate
established under the State Prompt Payment Act or the timely
pay interest rate under Section 368a of the Illinois Insurance
Code. The State Treasurer and the Comptroller shall enter into
an intergovernmental agreement to establish procedures for
such investments, which market established variable rate to
which the interest rate for the investments should be tied, and
other terms which the State Treasurer and Comptroller
reasonably believe to be mutually beneficial concerning these
investments by the State Treasurer. The State Treasurer and
Comptroller shall also enter into a written agreement for each
such investment that specifies the period of the investment,
the payment interval, the interest rate to be paid, the funds
in the Treasury from which the Treasurer will draw the
investment, and other terms upon which the State Treasurer and
Comptroller mutually agree. Such investment agreements shall
be public records and the State Treasurer shall post the terms
of all such investment agreements on the State Treasurer's
official website. In compliance with the intergovernmental
agreement, the Comptroller shall order and the State Treasurer
shall transfer amounts sufficient for the payment of principal
and interest invested by the State Treasurer with the Office of
the Comptroller under this paragraph from the General Revenue
Fund or the Health Insurance Reserve Fund to the respective
funds in the Treasury from which the State Treasurer drew the
investment. Public Act 100-1107 This amendatory Act of the
100th General Assembly shall constitute an irrevocable and
continuing authority for all amounts necessary for the payment
of principal and interest on the investments made with the
Office of the Comptroller by the State Treasurer under this
paragraph, and the irrevocable and continuing authority for and
direction to the Comptroller and Treasurer to make the
necessary transfers.
    The State Treasurer may, with the approval of the Governor,
invest or reinvest any State money in the Treasury that is not
needed for current expenditure, due or about to become due, or
any money in the State Treasury that has been set aside and
held for the payment of the principal of and the interest on
any State bonds, in any of the following:
        (1) Bonds, notes, certificates of indebtedness,
    Treasury bills, or other securities now or hereafter issued
    that are guaranteed by the full faith and credit of the
    United States of America as to principal and interest.
        (2) Bonds, notes, debentures, or other similar
    obligations of the United States of America, its agencies,
    and instrumentalities.
        (2.5) Bonds, notes, debentures, or other similar
    obligations of a foreign government, other than the
    Republic of the Sudan, that are guaranteed by the full
    faith and credit of that government as to principal and
    interest, but only if the foreign government has not
    defaulted and has met its payment obligations in a timely
    manner on all similar obligations for a period of at least
    25 years immediately before the time of acquiring those
    obligations.
        (3) Interest-bearing savings accounts,
    interest-bearing certificates of deposit, interest-bearing
    time deposits, or any other investments constituting
    direct obligations of any bank as defined by the Illinois
    Banking Act.
        (4) Interest-bearing accounts, certificates of
    deposit, or any other investments constituting direct
    obligations of any savings and loan associations
    incorporated under the laws of this State or any other
    state or under the laws of the United States.
        (5) Dividend-bearing share accounts, share certificate
    accounts, or class of share accounts of a credit union
    chartered under the laws of this State or the laws of the
    United States; provided, however, the principal office of
    the credit union must be located within the State of
    Illinois.
        (6) Bankers' acceptances of banks whose senior
    obligations are rated in the top 2 rating categories by 2
    national rating agencies and maintain that rating during
    the term of the investment.
        (7) Short-term obligations of either corporations or
    limited liability companies organized in the United States
    with assets exceeding $500,000,000 if (i) the obligations
    are rated at the time of purchase at one of the 3 highest
    classifications established by at least 2 standard rating
    services and mature not later than 270 days from the date
    of purchase, (ii) the purchases do not exceed 10% of the
    corporation's or the limited liability company's
    outstanding obligations, (iii) no more than one-third of
    the public agency's funds are invested in short-term
    obligations of either corporations or limited liability
    companies, and (iv) the corporation or the limited
    liability company has not been placed on the list of
    restricted companies by the Illinois Investment Policy
    Board under Section 1-110.16 of the Illinois Pension Code.
        (7.5) Obligations of either corporations or limited
    liability companies organized in the United States, that
    have a significant presence in this State, with assets
    exceeding $500,000,000 if: (i) the obligations are rated at
    the time of purchase at one of the 3 highest
    classifications established by at least 2 standard rating
    services and mature more than 270 days, but less than 5
    years, from the date of purchase; (ii) the purchases do not
    exceed 10% of the corporation's or the limited liability
    company's outstanding obligations; (iii) no more than 5% of
    the public agency's funds are invested in such obligations
    of corporations or limited liability companies; and (iv)
    the corporation or the limited liability company has not
    been placed on the list of restricted companies by the
    Illinois Investment Policy Board under Section 1-110.16 of
    the Illinois Pension Code. The authorization of the
    Treasurer to invest in new obligations under this paragraph
    shall expire on June 30, 2019.
        (8) Money market mutual funds registered under the
    Investment Company Act of 1940, provided that the portfolio
    of the money market mutual fund is limited to obligations
    described in this Section and to agreements to repurchase
    such obligations.
        (9) The Public Treasurers' Investment Pool created
    under Section 17 of the State Treasurer Act or in a fund
    managed, operated, and administered by a bank.
        (10) Repurchase agreements of government securities
    having the meaning set out in the Government Securities Act
    of 1986, as now or hereafter amended or succeeded, subject
    to the provisions of that Act and the regulations issued
    thereunder.
        (11) Investments made in accordance with the
    Technology Development Act.
    For purposes of this Section, "agencies" of the United
States Government includes:
        (i) the federal land banks, federal intermediate
    credit banks, banks for cooperatives, federal farm credit
    banks, or any other entity authorized to issue debt
    obligations under the Farm Credit Act of 1971 (12 U.S.C.
    2001 et seq.) and Acts amendatory thereto;
        (ii) the federal home loan banks and the federal home
    loan mortgage corporation;
        (iii) the Commodity Credit Corporation; and
        (iv) any other agency created by Act of Congress.
    The Treasurer may, with the approval of the Governor, lend
any securities acquired under this Act. However, securities may
be lent under this Section only in accordance with Federal
Financial Institution Examination Council guidelines and only
if the securities are collateralized at a level sufficient to
assure the safety of the securities, taking into account market
value fluctuation. The securities may be collateralized by cash
or collateral acceptable under Sections 11 and 11.1.
(Source: P.A. 99-856, eff. 8-19-16; 100-1107, eff. 8-27-18;
revised 9-27-18.)
 
    Section 85. The Substance Use Disorder Act is amended by
changing Section 55-30 and by setting forth and renumbering
multiple versions of Section 55-35 as follows:
 
    (20 ILCS 301/55-30)
    Sec. 55-30. Rate increase.
    (a) The Department July 6, 2017 (Public Act 100-23) shall
by rule develop the increased rate methodology and annualize
the increased rate beginning with State fiscal year 2018
contracts to licensed providers of community-based substance
use disorder intervention or treatment, based on the additional
amounts appropriated for the purpose of providing a rate
increase to licensed providers. The Department shall adopt
rules, including emergency rules under subsection (y) of
Section 5-45 of the Illinois Administrative Procedure Act, to
implement the provisions of this Section.
    (b) Within 30 days after June 4, 2018 (the effective date
of Public Act 100-587) this amendatory Act of the 100th General
Assembly, the Division of Substance Use Prevention and Recovery
shall apply an increase in rates of 3% above the rate paid on
June 30, 2017 to all Medicaid and non-Medicaid reimbursable
service rates. The Department shall adopt rules, including
emergency rules under subsection (bb) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this subsection (b).
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-759, eff. 1-1-19; revised 9-14-18.)
 
    (20 ILCS 301/55-35)
    Sec. 55-35. Tobacco enforcement.
    (a) The Department of Human Services may contract with the
Food and Drug Administration of the U.S. Department of Health
and Human Services to conduct unannounced investigations of
Illinois tobacco vendors to determine compliance with federal
laws relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
    (b) Grant funds received from the Food and Drug
Administration of the U.S. Department of Health and Human
Services for conducting unannounced investigations of Illinois
tobacco vendors shall be deposited into the Tobacco Settlement
Recovery Fund starting July 1, 2018.
(Source: P.A. 100-1012, eff. 8-21-18.)
 
    (20 ILCS 301/55-40)
    Sec. 55-40 55-35. Recovery residences.
    (a) As used in this Section, "recovery residence" means a
sober, safe, and healthy living environment that promotes
recovery from alcohol and other drug use and associated
problems. These residences are not subject to Department
licensure as they are viewed as independent living residences
that only provide peer support and a lengthened exposure to the
culture of recovery.
    (b) The Department shall develop and maintain an online
registry for recovery residences that operate in Illinois to
serve as a resource for individuals seeking continued recovery
assistance.
    (c) Non-licensable recovery residences are encouraged to
register with the Department and the registry shall be publicly
available through online posting.
    (d) The registry shall indicate any accreditation,
certification, or licensure that each recovery residence has
received from an entity that has developed uniform national
standards. The registry shall also indicate each recovery
residence's location in order to assist providers and
individuals in finding alcohol and drug free housing options
with like-minded residents who are committed to alcohol and
drug free living.
    (e) Registrants are encouraged to seek national
accreditation from any entity that has developed uniform State
or national standards for recovery residences.
    (f) The Department shall include a disclaimer on the
registry that states that the recovery residences are not
regulated by the Department and their listing is provided as a
resource but not as an endorsement by the State.
(Source: P.A. 100-1062, eff. 1-1-19; revised 9-14-18.)
 
    Section 90. The Children and Family Services Act is amended
by changing Section 5 as follows:
 
    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
    Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
    (a) For purposes of this Section:
        (1) "Children" means persons found within the State who
    are under the age of 18 years. The term also includes
    persons under age 21 who:
            (A) were committed to the Department pursuant to
        the Juvenile Court Act or the Juvenile Court Act of
        1987, as amended, prior to the age of 18 and who
        continue under the jurisdiction of the court; or
            (B) were accepted for care, service and training by
        the Department prior to the age of 18 and whose best
        interest in the discretion of the Department would be
        served by continuing that care, service and training
        because of severe emotional disturbances, physical
        disability, social adjustment or any combination
        thereof, or because of the need to complete an
        educational or vocational training program.
        (2) "Homeless youth" means persons found within the
    State who are under the age of 19, are not in a safe and
    stable living situation and cannot be reunited with their
    families.
        (3) "Child welfare services" means public social
    services which are directed toward the accomplishment of
    the following purposes:
            (A) protecting and promoting the health, safety
        and welfare of children, including homeless, dependent
        or neglected children;
            (B) remedying, or assisting in the solution of
        problems which may result in, the neglect, abuse,
        exploitation or delinquency of children;
            (C) preventing the unnecessary separation of
        children from their families by identifying family
        problems, assisting families in resolving their
        problems, and preventing the breakup of the family
        where the prevention of child removal is desirable and
        possible when the child can be cared for at home
        without endangering the child's health and safety;
            (D) restoring to their families children who have
        been removed, by the provision of services to the child
        and the families when the child can be cared for at
        home without endangering the child's health and
        safety;
            (E) placing children in suitable adoptive homes,
        in cases where restoration to the biological family is
        not safe, possible or appropriate;
            (F) assuring safe and adequate care of children
        away from their homes, in cases where the child cannot
        be returned home or cannot be placed for adoption. At
        the time of placement, the Department shall consider
        concurrent planning, as described in subsection (l-1)
        of this Section so that permanency may occur at the
        earliest opportunity. Consideration should be given so
        that if reunification fails or is delayed, the
        placement made is the best available placement to
        provide permanency for the child;
            (G) (blank);
            (H) (blank); and
            (I) placing and maintaining children in facilities
        that provide separate living quarters for children
        under the age of 18 and for children 18 years of age
        and older, unless a child 18 years of age is in the
        last year of high school education or vocational
        training, in an approved individual or group treatment
        program, in a licensed shelter facility, or secure
        child care facility. The Department is not required to
        place or maintain children:
                (i) who are in a foster home, or
                (ii) who are persons with a developmental
            disability, as defined in the Mental Health and
            Developmental Disabilities Code, or
                (iii) who are female children who are
            pregnant, pregnant and parenting or parenting, or
                (iv) who are siblings, in facilities that
            provide separate living quarters for children 18
            years of age and older and for children under 18
            years of age.
    (b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
    (c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
    (d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
    (e) (Blank).
    (f) (Blank).
    (g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
        (1) adoption;
        (2) foster care;
        (3) family counseling;
        (4) protective services;
        (5) (blank);
        (6) homemaker service;
        (7) return of runaway children;
        (8) (blank);
        (9) placement under Section 5-7 of the Juvenile Court
    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
    Court Act of 1987 in accordance with the federal Adoption
    Assistance and Child Welfare Act of 1980; and
        (10) interstate services.
    Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance use
disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
    (h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
    (i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
        (1) case management;
        (2) homemakers;
        (3) counseling;
        (4) parent education;
        (5) day care; and
        (6) emergency assistance and advocacy.
    In addition, the following services may be made available
to assess and meet the needs of children and families:
        (1) comprehensive family-based services;
        (2) assessments;
        (3) respite care; and
        (4) in-home health services.
    The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
    (j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth
in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
    The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
    Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
    (j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
    (k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
    (l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set, except
that reunification services may be offered as provided in
paragraph (F) of subsection (2) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
    The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide
services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
    The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. An independent basis exists
when the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency. The Department shall assign a caseworker to attend
any hearing involving a youth in the care and custody of the
Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
    As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and stress
of caring for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the
child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
    (l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
    When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
    When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
    A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
    The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
        (1) the likelihood of prompt reunification;
        (2) the past history of the family;
        (3) the barriers to reunification being addressed by
    the family;
        (4) the level of cooperation of the family;
        (5) the foster parents' willingness to work with the
    family to reunite;
        (6) the willingness and ability of the foster family to
    provide an adoptive home or long-term placement;
        (7) the age of the child;
        (8) placement of siblings.
    (m) The Department may assume temporary custody of any
child if:
        (1) it has received a written consent to such temporary
    custody signed by the parents of the child or by the parent
    having custody of the child if the parents are not living
    together or by the guardian or custodian of the child if
    the child is not in the custody of either parent, or
        (2) the child is found in the State and neither a
    parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
    The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
    The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
    A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain
temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10-day period,
the child shall be surrendered to the custody of the requesting
parent, guardian or custodian not later than the expiration of
the 10-day period, at which time the authority and duties of
the Department with respect to the temporary custody of the
child shall terminate.
    (m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the
child is a youth in care who was placed in the care of the
Department before being subject to placement in a correctional
facility and a court of competent jurisdiction has ordered
placement of the child in a secure care facility.
    (n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
    (n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
    (o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Youth in
care who are placed by private child welfare agencies, and
foster families with whom those youth are placed, shall be
afforded the same procedural and appeal rights as children and
families in the case of placement by the Department, including
the right to an initial review of a private agency decision by
that agency. The Department shall ensure that any private child
welfare agency, which accepts youth in care for placement,
affords those rights to children and foster families. The
Department shall accept for administrative review and an appeal
hearing a complaint made by (i) a child or foster family
concerning a decision following an initial review by a private
child welfare agency or (ii) a prospective adoptive parent who
alleges a violation of subsection (j-5) of this Section. An
appeal of a decision concerning a change in the placement of a
child shall be conducted in an expedited manner. A court
determination that a current foster home placement is necessary
and appropriate under Section 2-28 of the Juvenile Court Act of
1987 does not constitute a judicial determination on the merits
of an administrative appeal, filed by a former foster parent,
involving a change of placement decision.
    (p) (Blank).
    (q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
    The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
    In disbursing funds from children's accounts, the
Department shall:
        (1) Establish standards in accordance with State and
    federal laws for disbursing money from children's
    accounts. In all circumstances, the Department's
    "Guardianship Administrator" or his or her designee must
    approve disbursements from children's accounts. The
    Department shall be responsible for keeping complete
    records of all disbursements for each account for any
    purpose.
        (2) Calculate on a monthly basis the amounts paid from
    State funds for the child's board and care, medical care
    not covered under Medicaid, and social services; and
    utilize funds from the child's account, as covered by
    regulation, to reimburse those costs. Monthly,
    disbursements from all children's accounts, up to 1/12 of
    $13,000,000, shall be deposited by the Department into the
    General Revenue Fund and the balance over 1/12 of
    $13,000,000 into the DCFS Children's Services Fund.
        (3) Maintain any balance remaining after reimbursing
    for the child's costs of care, as specified in item (2).
    The balance shall accumulate in accordance with relevant
    State and federal laws and shall be disbursed to the child
    or his or her guardian, or to the issuing agency.
    (r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names of
such children who have not been placed for adoption. A list of
such names and addresses shall be maintained by the Department
or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and of
the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and of
the child.
    (s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
    (t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
        (1) an order entered by an Illinois court specifically
    directs the Department to perform such services; and
        (2) the court has ordered one or both of the parties to
    the proceeding to reimburse the Department for its
    reasonable costs for providing such services in accordance
    with Department rules, or has determined that neither party
    is financially able to pay.
    The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
    (u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
        (1) available detailed information concerning the
    child's educational and health history, copies of
    immunization records (including insurance and medical card
    information), a history of the child's previous
    placements, if any, and reasons for placement changes
    excluding any information that identifies or reveals the
    location of any previous caretaker;
        (2) a copy of the child's portion of the client service
    plan, including any visitation arrangement, and all
    amendments or revisions to it as related to the child; and
        (3) information containing details of the child's
    individualized educational plan when the child is
    receiving special education services.
    The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
    The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
    (u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
    (v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
    (v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
    (v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
    (w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
    (x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
    (y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
    (z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
    For purposes of this subsection:
    "Background information" means all of the following:
        (i) Upon the request of the Department of Children and
    Family Services, conviction information obtained from the
    Department of State Police as a result of a
    fingerprint-based criminal history records check of the
    Illinois criminal history records database and the Federal
    Bureau of Investigation criminal history records database
    concerning a Department employee or Department applicant.
        (ii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Department of State Police's Sex Offender Database, as
    authorized by Section 120 of the Sex Offender Community
    Notification Law, concerning a Department employee or
    Department applicant.
        (iii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Child Abuse and Neglect Tracking System (CANTS)
    operated and maintained by the Department.
    "Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
    "Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
10-3-18.)
 
    Section 95. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-1020 as follows:
 
    (20 ILCS 605/605-1020)
    Sec. 605-1020. Entrepreneur Learner's Permit pilot
program.
    (a) Subject to appropriation, there is hereby established
an Entrepreneur Learner's Permit pilot program that shall be
administered by the Department beginning on July 1 of the first
fiscal year for which an appropriation of State moneys is made
for that purpose and continuing for the next 2 immediately
succeeding fiscal years; however, the Department is not
required to administer the program in any fiscal year for which
such an appropriation has not been made. The purpose of the
program shall be to encourage and assist beginning
entrepreneurs in starting new businesses by providing
reimbursements to those entrepreneurs for any State filing,
permitting, or licensing fees associated with the formation of
such a business in the State.
    (b) Applicants for participation in the Entrepreneur
Learner's Permit pilot program shall apply to the Department,
in a form and manner prescribed by the Department, within one
year after the formation of the business for which the
entrepreneur seeks reimbursement of those fees. The Department
shall adopt rules for the review and approval of applications,
provided that it (1) shall give priority to applicants who are
women or minority persons, or both, and (2) shall not approve
any application by a person who will not be a beginning
entrepreneur. Reimbursements under this Section shall be
provided in the manner determined by the Department. In no
event shall an applicant apply for participation in the program
more than 3 times.
    (c) The aggregate amount of all reimbursements provided by
the Department pursuant to this Section shall not exceed
$500,000 in any State fiscal year.
    (d) On or before February 1 of the last calendar year
during which the pilot program is in effect, the Department
shall submit a report to the Governor and the General Assembly
on the cumulative effectiveness of the Entrepreneur Learner's
Permit pilot program. The review shall include, but not be
limited to, the number and type of businesses that were formed
in connection with the pilot program, the current status of
each business formed in connection with the pilot program, the
number of employees employed by each such business, the
economic impact to the State from the pilot program, the
satisfaction of participants in the pilot program, and a
recommendation as to whether the program should be continued.
The report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of the
Senate in electronic form only, in the manner that the Clerk
and the Secretary shall direct.
    (e) As used in this Section:
        "Beginning entrepreneur" means an individual who, at
    the time he or she applies for participation in the
    program, has less than 5 years of experience as a business
    owner and is not a current business owner.
        "Woman" and "minority person" have the meanings given
    to those terms in the Business Enterprise for Minorities,
    Women, and Persons with Disabilities Act.
(Source: P.A. 100-541, eff. 11-7-17; 100-785, eff. 8-10-18;
100-863, eff. 8-14-18; revised 8-31-18.)
 
    Section 100. The Illinois Enterprise Zone Act is amended by
changing Sections 4 and 9.1 as follows:
 
    (20 ILCS 655/4)  (from Ch. 67 1/2, par. 604)
    Sec. 4. Qualifications for enterprise zones.
    (1) An area is qualified to become an enterprise zone
which:
        (a) is a contiguous area, provided that a zone area may
    exclude wholly surrounded territory within its boundaries;
        (b) comprises a minimum of one-half square mile and not
    more than 12 square miles, or 15 square miles if the zone
    is located within the jurisdiction of 4 or more counties or
    municipalities, in total area, exclusive of lakes and
    waterways; however, in such cases where the enterprise zone
    is a joint effort of three or more units of government, or
    two or more units of government if situated in a township
    which is divided by a municipality of 1,000,000 or more
    inhabitants, and where the certification has been in effect
    at least one year, the total area shall comprise a minimum
    of one-half square mile and not more than thirteen square
    miles in total area exclusive of lakes and waterways;
        (c) (blank);
        (d) (blank);
        (e) is (1) entirely within a municipality or (2)
    entirely within the unincorporated areas of a county,
    except where reasonable need is established for such zone
    to cover portions of more than one municipality or county
    or (3) both comprises (i) all or part of a municipality and
    (ii) an unincorporated area of a county; and
        (f) meets 3 or more of the following criteria:
            (1) all or part of the local labor market area has
        had an annual average unemployment rate of at least
        120% of the State's annual average unemployment rate
        for the most recent calendar year or the most recent
        fiscal year as reported by the Department of Employment
        Security;
            (2) designation will result in the development of
        substantial employment opportunities by creating or
        retaining a minimum aggregate of 1,000 full-time
        equivalent jobs due to an aggregate investment of
        $100,000,000 or more, and will help alleviate the
        effects of poverty and unemployment within the local
        labor market area;
            (3) all or part of the local labor market area has
        a poverty rate of at least 20% according to the latest
        federal decennial census, 50% or more of children in
        the local labor market area participate in the federal
        free lunch program according to reported statistics
        from the State Board of Education, or 20% or more
        households in the local labor market area receive food
        stamps according to the latest federal decennial
        census;
            (4) an abandoned coal mine, a brownfield (as
        defined in Section 58.2 of the Environmental
        Protection Act), or an inactive nuclear-powered
        nuclear powered electrical generation facility where
        spent nuclear fuel is stored on-site is located in the
        proposed zone area, or all or a portion of the proposed
        zone was declared a federal disaster area in the 3
        years preceding the date of application;
            (5) the local labor market area contains a presence
        of large employers that have downsized over the years,
        the labor market area has experienced plant closures in
        the 5 years prior to the date of application affecting
        more than 50 workers, or the local labor market area
        has experienced State or federal facility closures in
        the 5 years prior to the date of application affecting
        more than 50 workers;
            (6) based on data from Multiple Listing Service
        information or other suitable sources, the local labor
        market area contains a high floor vacancy rate of
        industrial or commercial properties, vacant or
        demolished commercial and industrial structures are
        prevalent in the local labor market area, or industrial
        structures in the local labor market area are not used
        because of age, deterioration, relocation of the
        former occupants, or cessation of operation;
            (7) the applicant demonstrates a substantial plan
        for using the designation to improve the State and
        local government tax base, including income, sales,
        and property taxes;
            (8) significant public infrastructure is present
        in the local labor market area in addition to a plan
        for infrastructure development and improvement;
            (9) high schools or community colleges located
        within the local labor market area are engaged in ACT
        Work Keys, Manufacturing Skills Standard
        Certification, or other industry-based credentials
        that prepare students for careers;
            (10) the change in equalized assessed valuation of
        industrial and/or commercial properties in the 5 years
        prior to the date of application is equal to or less
        than 50% of the State average change in equalized
        assessed valuation for industrial and/or commercial
        properties, as applicable, for the same period of time;
        or
            (11) the applicant demonstrates a substantial plan
        for using the designation to encourage: (i)
        participation by businesses owned by minorities,
        women, and persons with disabilities, as those terms
        are defined in the Business Enterprise for Minorities,
        Women, and Persons with Disabilities Act; and (ii) the
        hiring of minorities, women, and persons with
        disabilities.
    As provided in Section 10-5.3 of the River Edge
Redevelopment Zone Act, upon the expiration of the term of each
River Edge Redevelopment Zone in existence on August 7, 2012
(the effective date of Public Act 97-905) this amendatory Act
of the 97th General Assembly, that River Edge Redevelopment
Zone will become available for its previous designee or a new
applicant to compete for designation as an enterprise zone. No
preference for designation will be given to the previous
designee of the zone.
    (2) Any criteria established by the Department or by law
which utilize the rate of unemployment for a particular area
shall provide that all persons who are not presently employed
and have exhausted all unemployment benefits shall be
considered unemployed, whether or not such persons are actively
seeking employment.
(Source: P.A. 100-838, eff. 8-13-18; 100-1149, eff. 12-14-18;
revised 1-3-19.)
 
    (20 ILCS 655/9.1)  (from Ch. 67 1/2, par. 614)
    Sec. 9.1. State and local regulatory alternatives.
    (a) Agencies may provide in their rules and regulations
for:
        (i) the exemption of business enterprises within
    enterprise zones; or,
        (ii) modifications or alternatives specifically
    applicable to business enterprises within enterprise
    zones, which impose less stringent standards or
    alternative standards for compliance (including
    performance-based standards as a substitute for specific
    mandates of methods, procedures, or equipment).
    Such exemptions, modifications, or alternatives shall be
effected by rule or regulation promulgated in accordance with
the Illinois Administrative Procedure Act. The Agency
promulgating such exemptions, modifications, or alternatives
shall file with its proposed rule or regulation its findings
that the proposed rule or regulation provides economic
incentives within enterprise zones which promote the purposes
of this Act, and which, to the extent they include any
exemptions or reductions in regulatory standards or
requirements, outweigh the need or justification for the
existing rule or regulation.
    (b) If any agency promulgates a rule or regulation pursuant
to paragraph (a) affecting a rule or regulation contained on
the list published by the Department pursuant to Section 9,
prior to the completion of the rulemaking rule making process
for the Department's rules under that Section, the agency shall
immediately transmit a copy of its proposed rule or regulation
to the Department, together with a statement of reasons as to
why the Department should defer to the agency's proposed rule
or regulation. Agency rules promulgated under paragraph (a)
shall, however, be subject to the exemption rules and
regulations of the Department promulgated under Section 9.
    (c) Within enterprise zones, the designating county or
municipality may modify all local ordinances and regulations
regarding (1) zoning; (2) licensing; (3) building codes,
excluding however, any regulations treating building defects;
(4) rent control and price controls (except for the minimum
wage). Notwithstanding any shorter statute of limitation to the
contrary, actions against any contractor or architect who
designs, constructs, or rehabilitates a building or structure
in an enterprise zone in accordance with local standards
specifically applicable within zones which have been relaxed
may be commenced within 10 years from the time of beneficial
occupancy of the building or use of the structure.
(Source: P.A. 82-1019; revised 9-27-18.)
 
    Section 105. The State Parks Designation Act is amended by
changing Section 1 as follows:
 
    (20 ILCS 840/1)  (from Ch. 105, par. 468g)
    Sec. 1. The following described areas are designated State
Parks and have the names herein ascribed to them:
    Adeline Jay Geo-Karis Illinois Beach State Park, in Lake
County;
    Apple River Canyon State Park, in Jo Daviess County;
    Argyle Lake State Park, in McDonough County;
    Beaver Dam State Park, in Macoupin County;
    Buffalo Rock State Park, in LaSalle La Salle County;
    Castle Rock State Park, in Ogle County;
    Cave-in-Rock State Park, in Hardin County;
    Chain O'Lakes State Park, in Lake and McHenry Counties;
    Delabar State Park, in Henderson County;
    Dixon State Park, in Lee County;
    Dixon Springs State Park, in Pope County;
    Eagle Creek State Park, in Shelby County;
    Eldon Hazlet State Park, in Clinton County;
    Ferne Clyffe State Park, in Johnson County;
    Fort Creve Coeur State Park, in Tazewell County;
    Fort Defiance State Park, in Alexander County;
    Fort Massac State Park, in Massac County;
    Fox Ridge State Park, in Coles County;
    Frank Holten State Park, in St. Clair County;
    Funk's Grove State Park, in McLean County;
    Gebhard Woods State Park, in Grundy County;
    Giant City State Park, in Jackson and Union Counties;
    Goose Lake Prairie State Park, in Grundy County;
    Hazel and Bill Rutherford Wildlife Prairie State Park, in
Peoria County;
    Hennepin Canal Parkway State Park, in Bureau, Henry, Rock
Island, Lee and Whiteside Counties;
    Horseshoe Lake State Park, in Madison and St. Clair
Counties;
    Illini State Park, in LaSalle La Salle County;
    Illinois and Michigan Canal State Park, in the counties of
Cook, Will, Grundy, DuPage and LaSalle La Salle;
    Johnson Sauk Trail State Park, in Henry County;
    Jubilee College State Park, in Peoria County, excepting
Jubilee College State Historic Site as described in Section 7.1
of the Historic Preservation Act;
    Kankakee River State Park, in Kankakee and Will Counties;
    Kickapoo State Park, in Vermilion County;
    Lake Le-Aqua-Na State Park, in Stephenson County;
    Lake Murphysboro State Park, in Jackson County;
    Laurence C. Warren State Park, in Cook County;
    Lincoln Trail Homestead State Park, in Macon County;
    Lincoln Trail State Park, in Clark County;
    Lowden State Park, in Ogle County;
    Matthiessen State Park, in LaSalle La Salle County;
    McHenry Dam and Lake Defiance State Park, in McHenry
County;
    Mississippi Palisades State Park, in Carroll County;
    Moraine View State Park, in McLean County;
    Morrison-Rockwood State Park, in Whiteside County;
    Nauvoo State Park, in Hancock County, containing Horton
Lake;
    Pere Marquette State Park, in Jersey County;
    Prophetstown State Park, in Whiteside County;
    Pyramid State Park, in Perry County;
    Railsplitter State Park, in Logan County;
    Ramsey Lake State Park, in Fayette County;
    Red Hills State Park, in Lawrence County;
    Rock Cut State Park, in Winnebago County, containing Pierce
Lake;
    Rock Island Trail State Park, in Peoria and Stark Counties;
    Sam Parr State Park, in Jasper County;
    Sangchris Lake State Park, in Christian and Sangamon
Counties;
    Shabbona Lake and State Park, in DeKalb County;
    Siloam Springs State Park, in Brown and Adams Counties;
    Silver Springs State Park, in Kendall County;
    South Shore State Park, in Clinton County;
    Spitler Woods State Park, in Macon County;
    Starved Rock State Park, in LaSalle La Salle County;
    Stephen A. Forbes State Park, in Marion County;
    Walnut Point State Park, in Douglas County;
    Wayne Fitzgerrell State Park, in Franklin County;
    Weinberg-King State Park, in Schuyler County;
    Weldon Springs State Park, in DeWitt County;
    White Pines Forest State Park, in Ogle County;
    William G. Stratton State Park, in Grundy County;
    Wolf Creek State Park, in Shelby County.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)
 
    Section 110. The Outdoor Recreation Resources Act is
amended by changing Section 2a as follows:
 
    (20 ILCS 860/2a)  (from Ch. 105, par. 532a)
    Sec. 2a. The Department of Natural Resources is authorized
to have prepared with the Department of Commerce and Economic
Opportunity and to maintain, and keep up to date up-to-date a
comprehensive plan for the preservation of the historically
significant properties and interests of the State.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)
 
    Section 115. The Recreational Trails of Illinois Act is
amended by changing Section 25.5 as follows:
 
    (20 ILCS 862/25.5)
    Sec. 25.5. Off-highway vehicle trails public access
sticker.
    (a) An off-highway vehicle trails public access sticker is
a separate and additional requirement from the Off-Highway
Vehicle Usage Stamp under Section 26 of this Act.
    (b) Except as provided in subsection (c) of this Section, a
person may not operate and an owner may not give permission to
another to operate an off-highway vehicle on lands or waters in
public off-highway vehicle parks paid for, operated, or
supported by the grant program established under subsection (d)
of Section 15 of this Act unless the off-highway vehicle
displays an off-highway vehicle trails public access sticker in
a manner prescribed by the Department by rule.
    (c) An off-highway vehicle does not need an off-highway
vehicle trails a public access sticker if the off-highway
vehicle is used on private land or if the off-highway vehicle
is owned by the State, the federal government, or a unit of
local government.
    (d) The Department shall issue an off-highway vehicle
trails the public access sticker stickers and shall charge the
following fees:
        (1) $30 for 3 years for individuals;
        (2) $50 for 3 years for rental units;
        (3) $75 for 3 years for dealer and manufacturer
    demonstrations and research;
        (4) $50 for 3 years for an all-terrain vehicle or
    off-highway motorcycle used for production agriculture, as
    defined in Section 3-821 of the Illinois Vehicle Code;
        (5) $50 for 3 years for residents of a State other than
    Illinois that does not have a reciprocal agreement with the
    Department, under subsection (e) of this Section; and
        (6) $50 for 3 years for an all-terrain vehicle or
    off-highway motorcycle that does not have a title.
The Department, by administrative rule, may make replacement
stickers available at a reduced cost. The fees for public
access stickers shall be deposited into the Off-Highway Vehicle
Trails Fund.
    (e) The Department may enter into reciprocal agreements
with other states that have a similar off-highway vehicle
trails public access sticker program to allow residents of
those states to operate off-highway vehicles on land or lands
or waters in public off-highway vehicle parks paid for,
operated, or supported by the off-highway vehicle trails grant
program established under subsection (d) of Section 15 of this
Act without acquiring an off-highway vehicle trails public
access sticker in this State under subsection (b) of this
Section.
    (f) The Department may license vendors to sell off-highway
vehicle trails public access stickers. Issuing fees may be set
by administrative rule.
    (g) Any person participating in an organized competitive
event on land or lands in off-highway vehicle parks paid for,
operated by, or supported by the grant program established in
subsection (d) of Section 15 shall display the public access
sticker required under subsection (b) of this Section or pay $5
per event. Fees collected under this subsection shall be
deposited into the Off-Highway Vehicle Trails Fund.
(Source: P.A. 100-798, eff. 1-1-19; revised 10-3-18.)
 
    Section 120. The Department of Human Services Act is
amended by changing Section 1-17 as follows:
 
    (20 ILCS 1305/1-17)
    Sec. 1-17. Inspector General.
    (a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded,
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
    (b) Definitions. The following definitions apply to this
Section:
    "Adult student with a disability" means an adult student,
age 18 through 21, inclusive, with an Individual Education
Program, other than a resident of a facility licensed by the
Department of Children and Family Services in accordance with
the Child Care Act of 1969. For purposes of this definition,
"through age 21, inclusive", means through the day before the
student's 22nd birthday.
    "Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
    "Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
    "Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
    "Day" means working day, unless otherwise specified.
    "Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
    "Department" means the Department of Human Services.
    "Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
    "Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
    "Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
    "Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
    "Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
    "Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
    "Health Care Worker Registry" or "Registry" means the
Health Care Worker Registry under the Health Care Worker
Background Check Act.
    "Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
    "Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
    "Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
    "Mentally ill" means having a mental illness.
    "Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the
accused.
    "Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
    "Person with a developmental disability" means a person
having a developmental disability.
    "Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
    "Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
    "Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
    "Secretary" means the Chief Administrative Officer of the
Department.
    "Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
    "Sexually explicit images" includes, but is not limited to,
any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.
    "Substantiated" means there is a preponderance of the
evidence to support the allegation.
    "Unfounded" means there is no credible evidence to support
the allegation.
    "Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
    (c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
    (d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
    (e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
    (f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required
by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
    (g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
    (h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)
establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. The Inspector General shall further ensure (i)
every person authorized to conduct investigations at community
agencies receives ongoing training in Title 59, Parts 115, 116,
and 119 of the Illinois Administrative Code, and (ii) every
person authorized to conduct investigations shall receive
ongoing training in Title 59, Part 50 of the Illinois
Administrative Code. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.
    (i) Duty to cooperate.
        (1) The Inspector General shall at all times be granted
    access to any facility or agency for the purpose of
    investigating any allegation, conducting unannounced site
    visits, monitoring compliance with a written response, or
    completing any other statutorily assigned duty. The
    Inspector General shall conduct unannounced site visits to
    each facility at least annually for the purpose of
    reviewing and making recommendations on systemic issues
    relative to preventing, reporting, investigating, and
    responding to all of the following: mental abuse, physical
    abuse, sexual abuse, neglect, egregious neglect, or
    financial exploitation.
        (2) Any employee who fails to cooperate with an Office
    of the Inspector General investigation is in violation of
    this Act. Failure to cooperate with an investigation
    includes, but is not limited to, any one or more of the
    following: (i) creating and transmitting a false report to
    the Office of the Inspector General hotline, (ii) providing
    false information to an Office of the Inspector General
    Investigator during an investigation, (iii) colluding with
    other employees to cover up evidence, (iv) colluding with
    other employees to provide false information to an Office
    of the Inspector General investigator, (v) destroying
    evidence, (vi) withholding evidence, or (vii) otherwise
    obstructing an Office of the Inspector General
    investigation. Additionally, any employee who, during an
    unannounced site visit or written response compliance
    check, fails to cooperate with requests from the Office of
    the Inspector General is in violation of this Act.
    (j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
    (k) Reporting allegations and deaths.
        (1) Allegations. If an employee witnesses, is told of,
    or has reason to believe an incident of mental abuse,
    physical abuse, sexual abuse, neglect, or financial
    exploitation has occurred, the employee, agency, or
    facility shall report the allegation by phone to the Office
    of the Inspector General hotline according to the agency's
    or facility's procedures, but in no event later than 4
    hours after the initial discovery of the incident,
    allegation, or suspicion of any one or more of the
    following: mental abuse, physical abuse, sexual abuse,
    neglect, or financial exploitation. A required reporter as
    defined in subsection (b) of this Section who knowingly or
    intentionally fails to comply with these reporting
    requirements is guilty of a Class A misdemeanor.
        (2) Deaths. Absent an allegation, a required reporter
    shall, within 24 hours after initial discovery, report by
    phone to the Office of the Inspector General hotline each
    of the following:
            (i) Any death of an individual occurring within 14
        calendar days after discharge or transfer of the
        individual from a residential program or facility.
            (ii) Any death of an individual occurring within 24
        hours after deflection from a residential program or
        facility.
            (iii) Any other death of an individual occurring at
        an agency or facility or at any Department-funded site.
        (3) Retaliation. It is a violation of this Act for any
    employee or administrator of an agency or facility to take
    retaliatory action against an employee who acts in good
    faith in conformance with his or her duties as a required
    reporter.
    (l) Reporting to law enforcement.
        (1) Reporting criminal acts. Within 24 hours after
    determining that there is credible evidence indicating
    that a criminal act may have been committed or that special
    expertise may be required in an investigation, the
    Inspector General shall notify the Department of State
    Police or other appropriate law enforcement authority, or
    ensure that such notification is made. The Department of
    State Police shall investigate any report from a
    State-operated facility indicating a possible murder,
    sexual assault, or other felony by an employee. All
    investigations conducted by the Inspector General shall be
    conducted in a manner designed to ensure the preservation
    of evidence for possible use in a criminal prosecution.
        (2) Reporting allegations of adult students with
    disabilities. Upon receipt of a reportable allegation
    regarding an adult student with a disability, the
    Department's Office of the Inspector General shall
    determine whether the allegation meets the criteria for the
    Domestic Abuse Program under the Abuse of Adults with
    Disabilities Intervention Act. If the allegation is
    reportable to that program, the Office of the Inspector
    General shall initiate an investigation. If the allegation
    is not reportable to the Domestic Abuse Program, the Office
    of the Inspector General shall make an expeditious referral
    to the respective law enforcement entity. If the alleged
    victim is already receiving services from the Department,
    the Office of the Inspector General shall also make a
    referral to the respective Department of Human Services'
    Division or Bureau.
    (m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, finding an
allegation is unsubstantiated, or if a recommendation is made,
the Inspector General shall provide the investigative report on
the case to the Secretary and to the director of the facility
or agency where any one or more of the following occurred:
mental abuse, physical abuse, sexual abuse, neglect, egregious
neglect, or financial exploitation. The director of the
facility or agency shall be responsible for maintaining the
confidentiality of the investigative report consistent with
State and federal law. In a substantiated case, the
investigative report shall include any mitigating or
aggravating circumstances that were identified during the
investigation. If the case involves substantiated neglect, the
investigative report shall also state whether egregious
neglect was found. An investigative report may also set forth
recommendations. All investigative reports prepared by the
Office of the Inspector General shall be considered
confidential and shall not be released except as provided by
the law of this State or as required under applicable federal
law. Unsubstantiated and unfounded reports shall not be
disclosed except as allowed under Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act. Raw
data used to compile the investigative report shall not be
subject to release unless required by law or a court order.
"Raw data used to compile the investigative report" includes,
but is not limited to, any one or more of the following: the
initial complaint, witness statements, photographs,
investigator's notes, police reports, or incident reports. If
the allegations are substantiated, the victim, the victim's
guardian, and the accused shall be provided with a redacted
copy of the investigative report. Death reports where there was
no allegation of abuse or neglect shall only be released
pursuant to applicable State or federal law or a valid court
order. Unredacted investigative reports, as well as raw data,
may be shared with a local law enforcement entity, a State's
Attorney's office, or a county coroner's office upon written
request.
    (n) Written responses, clarification requests, and
reconsideration requests.
        (1) Written responses. Within 30 calendar days from
    receipt of a substantiated investigative report or an
    investigative report which contains recommendations,
    absent a reconsideration request, the facility or agency
    shall file a written response that addresses, in a concise
    and reasoned manner, the actions taken to: (i) protect the
    individual; (ii) prevent recurrences; and (iii) eliminate
    the problems identified. The response shall include the
    implementation and completion dates of such actions. If the
    written response is not filed within the allotted 30
    calendar day period, the Secretary shall determine the
    appropriate corrective action to be taken.
        (2) Requests for clarification. The facility, agency,
    victim or guardian, or the subject employee may request
    that the Office of Inspector General clarify the finding or
    findings for which clarification is sought.
        (3) Requests for reconsideration. The facility,
    agency, victim or guardian, or the subject employee may
    request that the Office of the Inspector General reconsider
    the finding or findings or the recommendations. A request
    for reconsideration shall be subject to a multi-layer
    review and shall include at least one reviewer who did not
    participate in the investigation or approval of the
    original investigative report. After the multi-layer
    review process has been completed, the Inspector General
    shall make the final determination on the reconsideration
    request. The investigation shall be reopened if the
    reconsideration determination finds that additional
    information is needed to complete the investigative
    record.
    (o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
    (p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure, or certification,
or (iv) the imposition of appropriate sanctions.
    (q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30-day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of any
implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may include,
but are not limited to: (i) site visits, (ii) telephone
contact, and (iii) requests for additional documentation
evidencing compliance.
    (r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility
or agency, and may include any one or more of the following:
        (1) Appointment of on-site monitors.
        (2) Transfer or relocation of an individual or
    individuals.
        (3) Closure of units.
        (4) Termination of any one or more of the following:
    (i) Department licensing, (ii) funding, or (iii)
    certification.
    The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
    (s) Health Care Worker Registry.
        (1) Reporting to the Registry. The Inspector General
    shall report to the Department of Public Health's Health
    Care Worker Registry, a public registry, the identity and
    finding of each employee of a facility or agency against
    whom there is a final investigative report containing a
    substantiated allegation of physical or sexual abuse,
    financial exploitation, or egregious neglect of an
    individual.
        (2) Notice to employee. Prior to reporting the name of
    an employee, the employee shall be notified of the
    Department's obligation to report and shall be granted an
    opportunity to request an administrative hearing, the sole
    purpose of which is to determine if the substantiated
    finding warrants reporting to the Registry. Notice to the
    employee shall contain a clear and concise statement of the
    grounds on which the report to the Registry is based, offer
    the employee an opportunity for a hearing, and identify the
    process for requesting such a hearing. Notice is sufficient
    if provided by certified mail to the employee's last known
    address. If the employee fails to request a hearing within
    30 days from the date of the notice, the Inspector General
    shall report the name of the employee to the Registry.
    Nothing in this subdivision (s)(2) shall diminish or impair
    the rights of a person who is a member of a collective
    bargaining unit under the Illinois Public Labor Relations
    Act or under any other federal labor statute.
        (3) Registry hearings. If the employee requests an
    administrative hearing, the employee shall be granted an
    opportunity to appear before an administrative law judge to
    present reasons why the employee's name should not be
    reported to the Registry. The Department shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that the substantiated
    finding warrants reporting to the Registry. After
    considering all the evidence presented, the administrative
    law judge shall make a recommendation to the Secretary as
    to whether the substantiated finding warrants reporting
    the name of the employee to the Registry. The Secretary
    shall render the final decision. The Department and the
    employee shall have the right to request that the
    administrative law judge consider a stipulated disposition
    of these proceedings.
        (4) Testimony at Registry hearings. A person who makes
    a report or who investigates a report under this Act shall
    testify fully in any judicial proceeding resulting from
    such a report, as to any evidence of abuse or neglect, or
    the cause thereof. No evidence shall be excluded by reason
    of any common law or statutory privilege relating to
    communications between the alleged perpetrator of abuse or
    neglect, or the individual alleged as the victim in the
    report, and the person making or investigating the report.
    Testimony at hearings is exempt from the confidentiality
    requirements of subsection (f) of Section 10 of the Mental
    Health and Developmental Disabilities Confidentiality Act.
        (5) Employee's rights to collateral action. No
    reporting to the Registry shall occur and no hearing shall
    be set or proceed if an employee notifies the Inspector
    General in writing, including any supporting
    documentation, that he or she is formally contesting an
    adverse employment action resulting from a substantiated
    finding by complaint filed with the Illinois Civil Service
    Commission, or which otherwise seeks to enforce the
    employee's rights pursuant to any applicable collective
    bargaining agreement. If an action taken by an employer
    against an employee as a result of a finding of physical
    abuse, sexual abuse, or egregious neglect is overturned
    through an action filed with the Illinois Civil Service
    Commission or under any applicable collective bargaining
    agreement and if that employee's name has already been sent
    to the Registry, the employee's name shall be removed from
    the Registry.
        (6) Removal from Registry. At any time after the report
    to the Registry, but no more than once in any 12-month
    period, an employee may petition the Department in writing
    to remove his or her name from the Registry. Upon receiving
    notice of such request, the Inspector General shall conduct
    an investigation into the petition. Upon receipt of such
    request, an administrative hearing will be set by the
    Department. At the hearing, the employee shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that removal of the name
    from the Registry is in the public interest. The parties
    may jointly request that the administrative law judge
    consider a stipulated disposition of these proceedings.
    (t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving Health Care
Worker Registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
    (u) Quality Care Board. There is created, within the Office
of the Inspector General, a Quality Care Board to be composed
of 7 members appointed by the Governor with the advice and
consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made
by the Governor, 4 Board members shall each be appointed for a
term of 4 years and 3 members shall each be appointed for a
term of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the case
of a vacancy in the office of any member, the Governor shall
appoint a successor for the remainder of the unexpired term.
    Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or parents a parent of persons a
person with a disability. Members shall serve without
compensation, but shall be reimbursed for expenses incurred in
connection with the performance of their duties as members.
    The Board shall meet quarterly, and may hold other meetings
on the call of the chairman. Four members shall constitute a
quorum allowing the Board to conduct its business. The Board
may adopt rules and regulations it deems necessary to govern
its own procedures.
    The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure the
prompt and thorough investigation of allegations of neglect and
abuse. In fulfilling these responsibilities, the Board may do
the following:
        (1) Provide independent, expert consultation to the
    Inspector General on policies and protocols for
    investigations of alleged abuse, neglect, or both abuse and
    neglect.
        (2) Review existing regulations relating to the
    operation of facilities.
        (3) Advise the Inspector General as to the content of
    training activities authorized under this Section.
        (4) Recommend policies concerning methods for
    improving the intergovernmental relationships between the
    Office of the Inspector General and other State or federal
    offices.
    (v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or identifying
information of any individual, but shall include objective data
identifying any trends in the number of reported allegations,
the timeliness of the Office of the Inspector General's
investigations, and their disposition, for each facility and
Department-wide, for the most recent 3-year time period. The
report shall also identify, by facility, the staff-to-patient
ratios taking account of direct care staff only. The report
shall also include detailed recommended administrative actions
and matters for consideration by the General Assembly.
    (w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency. The
Auditor General shall conduct the program audit according to
the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
    (x) Nothing in this Section shall be construed to mean that
an individual is a victim of abuse or neglect because of health
care services appropriately provided or not provided by health
care professionals.
    (y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to an
individual in contravention of that individual's stated or
implied objection to the provision of that service on the
ground that that service conflicts with the individual's
religious beliefs or practices, nor shall the failure to
provide a service to an individual be considered abuse under
this Section if the individual has objected to the provision of
that service based on his or her religious beliefs or
practices.
(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15;
99-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff.
8-25-17; 100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991,
eff. 8-20-18; 100-1098, eff. 8-26-18; revised 10-3-18.)
 
    Section 125. The Regional Integrated Behavioral Health
Networks Act is amended by changing Section 25 as follows:
 
    (20 ILCS 1340/25)
    Sec. 25. Development of Network plans. Each Network shall
develop a plan for its respective region that addresses the
following:
        (a) Inventory of all mental health and substance use
    disorder services, primary health care facilities and
    services, private hospitals, State-operated psychiatric
    hospitals, long-term long term care facilities, social
    services, transportation services, and any services
    available to serve persons with mental and substance use
    illnesses.
        (b) Identification of unmet community needs,
    including, but not limited to, the following:
            (1) Waiting lists in community mental health and
        substance use disorder services.
            (2) Hospital emergency department use by persons
        with mental and substance use illnesses, including
        volume, length of stay, and challenges associated with
        obtaining psychiatric assessment.
            (3) Difficulty obtaining admission to inpatient
        facilities, and reasons therefor therefore.
            (4) Availability of primary care providers in the
        community, including Federally Qualified Health
        Centers and Rural Health Centers.
            (5) Availability of psychiatrists and mental
        health professionals.
            (6) Transportation issues.
            (7) Other.
        (c) Identification of opportunities to improve access
    to mental and substance use disorder services through the
    integration of specialty behavioral health services with
    primary care, including, but not limited to, the following:
            (1) Availability of Federally Qualified Health
        Centers in community with mental health staff.
            (2) Development of accountable care organizations
        or other primary care entities.
            (3) Availability of acute care hospitals with
        specialized psychiatric capacity.
            (4) Community providers with an interest in
        collaborating with acute care providers.
        (d) Development of a plan to address community needs,
    including a specific timeline for implementation of
    specific objectives and establishment of evaluation
    measures. The comprehensive plan should include the
    complete continuum of behavioral health services,
    including, but not limited to, the following:
            (1) Prevention.
            (2) Client assessment and diagnosis.
            (3) An array of outpatient behavioral health
        services.
            (4) Case coordination.
            (5) Crisis and emergency services.
            (6) Treatment, including inpatient psychiatric
        services in public and private hospitals.
            (7) Long-term Long term care facilities.
            (8) Community residential alternatives to
        institutional settings.
            (9) Primary care services.
(Source: P.A. 100-759, eff. 1-1-19; revised 9-25-18.)
 
    Section 130. The Department of Innovation and Technology
Act is amended by changing Sections 1-35 and 1-45 as follows:
 
    (20 ILCS 1370/1-35)
    Sec. 1-35. Communications.
    (a) The Department shall develop and implement a
comprehensive plan to coordinate or centralize communications
among State agencies with offices at different locations. The
plan shall be updated based on a continuing study of
communications problems of State government and shall include
any information technology-related technology related
equipment or service used for communication purposes including
digital, analog, or future transmission medium, whether for
voice, data, or any combination thereof. The plan shall take
into consideration systems that might effect economies,
including, but not limited to, quantity discount services and
may include provision of telecommunications service to local
and federal government entities located within this State if
State interests can be served by so doing.
    (b) The Department shall provide for and coordinate
communications services for State agencies and, when requested
and when in the best interests of the State, for units of
federal or local governments and public and not-for-profit
institutions of primary, secondary, and higher education. The
Department may make use of, or support or provide any
information technology-related technology related
communications equipment or services necessary and available
to support the needs of interested parties not associated with
State government provided that State government usage shall
have first priority. For this purpose the Department shall have
the power to do all of the following:
        (1) Provide for and control the procurement,
    retention, installation, and maintenance of communications
    equipment or services used by State agencies in the
    interest of efficiency and economy.
        (2) Review existing standards and, where appropriate,
    propose to establish new or modified standards for State
    agencies which shall include a minimum of one
    telecommunication device for the deaf installed and
    operational within each State agency, to provide public
    access to agency information for those persons who are
    hearing or speech impaired. The Department shall consult
    the Department of Human Services to develop standards and
    implementation for this equipment.
        (3) Establish charges for information technology for
    State agencies and, when requested, for units of federal or
    local government and public and not-for-profit
    institutions of primary, secondary, or higher education.
    Entities charged for these services shall pay the
    Department.
        (4) Instruct all State agencies to report their usage
    of communication services regularly to the Department in
    the manner the Department may prescribe.
        (5) Analyze the present and future aims and needs of
    all State agencies in the area of communications services
    and plan to serve those aims and needs in the most
    effective and efficient manner.
        (6) Provide telecommunications and other
    communications services.
        (7) Establish the administrative organization within
    the Department that is required to accomplish the purpose
    of this Section.
    As used in this subsection (b) only, "State agencies" means
all departments, officers, commissions, boards, institutions,
and bodies politic and corporate of the State except (i) the
judicial branch, including, without limitation, the several
courts of the State, the offices of the clerk of the supreme
court and the clerks of the appellate court, and the
Administrative Office of the Illinois Courts, (ii) State
constitutional offices, and (iii) the General Assembly,
legislative service agencies, and all officers of the General
Assembly.
    This subsection (b) does not apply to the procurement of
Next Generation 9-1-1 service as governed by Section 15.6b of
the Emergency Telephone System Act.
(Source: P.A. 100-611, eff. 7-20-18; revised 9-26-18.)
 
    (20 ILCS 1370/1-45)
    Sec. 1-45. Grants for distance learning services. The
Department may award grants to public community colleges and
educational education service centers for development and
implementation of telecommunications systems that provide
distance learning services.
(Source: P.A. 100-611, eff. 7-20-18; revised 10-3-18.)
 
    Section 135. The Illinois Information Security Improvement
Act is amended by changing Sections 5-20 and 5-25 as follows:
 
    (20 ILCS 1375/5-20)
    Sec. 5-20. Statewide Chief Information Security Officer.
The position of Statewide Chief Information Security Officer is
established within the Office. The Secretary shall appoint a
Statewide Chief Information Security Officer who shall serve at
the pleasure of the Secretary. The Statewide Chief Information
Security Officer shall report to and be under the supervision
of the Secretary. The Statewide Chief Information Security
Officer shall exhibit a background and experience in
information security, information technology, or risk
management, or exhibit other appropriate expertise required to
fulfill the duties of the Statewide Chief Information Security
Officer. If the Statewide Chief Information Security Officer is
unable or unavailable to perform the duties and
responsibilities under Section 5-25 25, all powers and
authority granted to the Statewide Chief Information Security
Officer may be exercised by the Secretary or his or her
designee.
(Source: P.A. 100-611, eff. 7-20-18; revised 10-3-18.)
 
    (20 ILCS 1375/5-25)
    Sec. 5-25. Responsibilities.
    (a) The Secretary shall:
        (1) appoint a Statewide Chief Information Security
    Officer pursuant to Section 5-20 20;
        (2) provide the Office with the staffing and resources
    deemed necessary by the Secretary to fulfill the
    responsibilities of the Office;
        (3) oversee statewide information security policies
    and practices, including:
            (A) directing and overseeing the development,
        implementation, and communication of statewide
        information security policies, standards, and
        guidelines;
            (B) overseeing the education of State agency
        personnel regarding the requirement to identify and
        provide information security protections commensurate
        with the risk and magnitude of the harm resulting from
        the unauthorized access, use, disclosure, disruption,
        modification, or destruction of information in a
        critical information system;
            (C) overseeing the development and implementation
        of a statewide information security risk management
        program;
            (D) overseeing State agency compliance with the
        requirements of this Section;
            (E) coordinating Information Security policies and
        practices with related information and personnel
        resources management policies and procedures; and
            (F) providing an effective and efficient process
        to assist State agencies with complying with the
        requirements of this Act.
    (b) The Statewide Chief Information Security Officer
shall:
        (1) serve as the head of the Office and ensure the
    execution of the responsibilities of the Office as set
    forth in subsection (c) of Section 5-15 15, the Statewide
    Chief Information Security Officer shall also oversee
    State agency personnel with significant responsibilities
    for information security and ensure a competent workforce
    that keeps pace with the changing information security
    environment;
        (2) develop and recommend information security
    policies, standards, procedures, and guidelines to the
    Secretary for statewide adoption and monitor compliance
    with these policies, standards, guidelines, and procedures
    through periodic testing;
        (3) develop and maintain risk-based, cost-effective
    information security programs and control techniques to
    address all applicable security and compliance
    requirements throughout the life cycle of State agency
    information systems;
        (4) establish the procedures, processes, and
    technologies to rapidly and effectively identify threats,
    risks, and vulnerabilities to State information systems,
    and ensure the prioritization of the remediation of
    vulnerabilities that pose risk to the State;
        (5) develop and implement capabilities and procedures
    for detecting, reporting, and responding to information
    security incidents;
        (6) establish and direct a statewide information
    security risk management program to identify information
    security risks in State agencies and deploy risk mitigation
    strategies, processes, and procedures;
        (7) establish the State's capability to sufficiently
    protect the security of data through effective information
    system security planning, secure system development,
    acquisition, and deployment, the application of protective
    technologies and information system certification,
    accreditation, and assessments;
        (8) ensure that State agency personnel, including
    contractors, are appropriately screened and receive
    information security awareness training;
        (9) convene meetings with agency heads and other State
    officials to help ensure:
            (A) the ongoing communication of risk and risk
        reduction strategies,
            (B) effective implementation of information
        security policies and practices, and
            (C) the incorporation of and compliance with
        information security policies, standards, and
        guidelines into the policies and procedures of the
        agencies;
        (10) provide operational and technical assistance to
    State agencies in implementing policies, principles,
    standards, and guidelines on information security,
    including implementation of standards promulgated under
    subparagraph (A) of paragraph (3) of subsection (a) of this
    Section, and provide assistance and effective and
    efficient means for State agencies to comply with the State
    agency requirements under this Act;
        (11) in coordination and consultation with the
    Secretary and the Governor's Office of Management and
    Budget, review State agency budget requests related to
    Information Security systems and provide recommendations
    to the Governor's Office of Management and Budget;
        (12) ensure the preparation and maintenance of plans
    and procedures to provide cyber resilience and continuity
    of operations for critical information systems that
    support the operations of the State; and
        (13) take such other actions as the Secretary may
    direct.
(Source: P.A. 100-611, eff. 7-20-18; revised 10-9-18.)
 
    Section 140. The Illinois Lottery Law is amended by
changing Sections 2, 9.1, and 20 and by setting forth,
renumbering, and changing multiple versions of Section 21.10 as
follows:
 
    (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
    Sec. 2. This Act is enacted to implement and establish
within the State a lottery to be conducted by the State through
the Department. The entire net proceeds of the Lottery are to
be used for the support of the State's Common School Fund,
except as provided in subsection (o) of Section 9.1 and
Sections 21.5, 21.6, 21.7, 21.8, 21.9, and 21.10, and 21.11.
The General Assembly finds that it is in the public interest
for the Department to conduct the functions of the Lottery with
the assistance of a private manager under a management
agreement overseen by the Department. The Department shall be
accountable to the General Assembly and the people of the State
through a comprehensive system of regulation, audits, reports,
and enduring operational oversight. The Department's ongoing
conduct of the Lottery through a management agreement with a
private manager shall act to promote and ensure the integrity,
security, honesty, and fairness of the Lottery's operation and
administration. It is the intent of the General Assembly that
the Department shall conduct the Lottery with the assistance of
a private manager under a management agreement at all times in
a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
1953(b)(4).
    Beginning with Fiscal Year 2018 and every year thereafter,
any moneys transferred from the State Lottery Fund to the
Common School Fund shall be supplemental to, and not in lieu
of, any other money due to be transferred to the Common School
Fund by law or appropriation.
(Source: P.A. 99-933, eff. 1-27-17; 100-466, eff. 6-1-18;
100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; revised
9-20-18.)
 
    (20 ILCS 1605/9.1)
    Sec. 9.1. Private manager and management agreement.
    (a) As used in this Section:
    "Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
    "Request for qualifications" means all materials and
documents prepared by the Department to solicit the following
from offerors:
        (1) Statements of qualifications.
        (2) Proposals to enter into a management agreement,
    including the identity of any prospective vendor or vendors
    that the offeror intends to initially engage to assist the
    offeror in performing its obligations under the management
    agreement.
    "Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
    "Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
    (b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
    (c) Pursuant to the terms of this subsection, the
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on the
effective date of this amendatory Act of the 96th General
Assembly in connection with the selection of the private
manager. As part of its obligation to terminate these contracts
and select the private manager, the Department shall establish
a mutually agreeable timetable to transfer the functions of
existing contractors to the private manager so that existing
Lottery operations are not materially diminished or impaired
during the transition. To that end, the Department shall do the
following:
        (1) where such contracts contain a provision
    authorizing termination upon notice, the Department shall
    provide notice of termination to occur upon the mutually
    agreed timetable for transfer of functions;
        (2) upon the expiration of any initial term or renewal
    term of the current Lottery contracts, the Department shall
    not renew such contract for a term extending beyond the
    mutually agreed timetable for transfer of functions; or
        (3) in the event any current contract provides for
    termination of that contract upon the implementation of a
    contract with the private manager, the Department shall
    perform all necessary actions to terminate the contract on
    the date that coincides with the mutually agreed timetable
    for transfer of functions.
    If the contracts to support the current operation of the
Lottery in effect on the effective date of this amendatory Act
of the 96th General Assembly are not subject to termination as
provided for in this subsection (c), then the Department may
include a provision in the contract with the private manager
specifying a mutually agreeable methodology for incorporation.
    (c-5) The Department shall include provisions in the
management agreement whereby the private manager shall, for a
fee, and pursuant to a contract negotiated with the Department
(the "Employee Use Contract"), utilize the services of current
Department employees to assist in the administration and
operation of the Lottery. The Department shall be the employer
of all such bargaining unit employees assigned to perform such
work for the private manager, and such employees shall be State
employees, as defined by the Personnel Code. Department
employees shall operate under the same employment policies,
rules, regulations, and procedures, as other employees of the
Department. In addition, neither historical representation
rights under the Illinois Public Labor Relations Act, nor
existing collective bargaining agreements, shall be disturbed
by the management agreement with the private manager for the
management of the Lottery.
    (d) The management agreement with the private manager shall
include all of the following:
        (1) A term not to exceed 10 years, including any
    renewals.
        (2) A provision specifying that the Department:
            (A) shall exercise actual control over all
        significant business decisions;
            (A-5) has the authority to direct or countermand
        operating decisions by the private manager at any time;
            (B) has ready access at any time to information
        regarding Lottery operations;
            (C) has the right to demand and receive information
        from the private manager concerning any aspect of the
        Lottery operations at any time; and
            (D) retains ownership of all trade names,
        trademarks, and intellectual property associated with
        the Lottery.
        (3) A provision imposing an affirmative duty on the
    private manager to provide the Department with material
    information and with any information the private manager
    reasonably believes the Department would want to know to
    enable the Department to conduct the Lottery.
        (4) A provision requiring the private manager to
    provide the Department with advance notice of any operating
    decision that bears significantly on the public interest,
    including, but not limited to, decisions on the kinds of
    games to be offered to the public and decisions affecting
    the relative risk and reward of the games being offered, so
    the Department has a reasonable opportunity to evaluate and
    countermand that decision.
        (5) A provision providing for compensation of the
    private manager that may consist of, among other things, a
    fee for services and a performance based bonus as
    consideration for managing the Lottery, including terms
    that may provide the private manager with an increase in
    compensation if Lottery revenues grow by a specified
    percentage in a given year.
        (6) (Blank).
        (7) A provision requiring the deposit of all Lottery
    proceeds to be deposited into the State Lottery Fund except
    as otherwise provided in Section 20 of this Act.
        (8) A provision requiring the private manager to locate
    its principal office within the State.
        (8-5) A provision encouraging that at least 20% of the
    cost of contracts entered into for goods and services by
    the private manager in connection with its management of
    the Lottery, other than contracts with sales agents or
    technical advisors, be awarded to businesses that are a
    minority-owned business, a women-owned business, or a
    business owned by a person with disability, as those terms
    are defined in the Business Enterprise for Minorities,
    Women, and Persons with Disabilities Act.
        (9) A requirement that so long as the private manager
    complies with all the conditions of the agreement under the
    oversight of the Department, the private manager shall have
    the following duties and obligations with respect to the
    management of the Lottery:
            (A) The right to use equipment and other assets
        used in the operation of the Lottery.
            (B) The rights and obligations under contracts
        with retailers and vendors.
            (C) The implementation of a comprehensive security
        program by the private manager.
            (D) The implementation of a comprehensive system
        of internal audits.
            (E) The implementation of a program by the private
        manager to curb compulsive gambling by persons playing
        the Lottery.
            (F) A system for determining (i) the type of
        Lottery games, (ii) the method of selecting winning
        tickets, (iii) the manner of payment of prizes to
        holders of winning tickets, (iv) the frequency of
        drawings of winning tickets, (v) the method to be used
        in selling tickets, (vi) a system for verifying the
        validity of tickets claimed to be winning tickets,
        (vii) the basis upon which retailer commissions are
        established by the manager, and (viii) minimum
        payouts.
        (10) A requirement that advertising and promotion must
    be consistent with Section 7.8a of this Act.
        (11) A requirement that the private manager market the
    Lottery to those residents who are new, infrequent, or
    lapsed players of the Lottery, especially those who are
    most likely to make regular purchases on the Internet as
    permitted by law.
        (12) A code of ethics for the private manager's
    officers and employees.
        (13) A requirement that the Department monitor and
    oversee the private manager's practices and take action
    that the Department considers appropriate to ensure that
    the private manager is in compliance with the terms of the
    management agreement, while allowing the manager, unless
    specifically prohibited by law or the management
    agreement, to negotiate and sign its own contracts with
    vendors.
        (14) A provision requiring the private manager to
    periodically file, at least on an annual basis, appropriate
    financial statements in a form and manner acceptable to the
    Department.
        (15) Cash reserves requirements.
        (16) Procedural requirements for obtaining the prior
    approval of the Department when a management agreement or
    an interest in a management agreement is sold, assigned,
    transferred, or pledged as collateral to secure financing.
        (17) Grounds for the termination of the management
    agreement by the Department or the private manager.
        (18) Procedures for amendment of the agreement.
        (19) A provision requiring the private manager to
    engage in an open and competitive bidding process for any
    procurement having a cost in excess of $50,000 that is not
    a part of the private manager's final offer. The process
    shall favor the selection of a vendor deemed to have
    submitted a proposal that provides the Lottery with the
    best overall value. The process shall not be subject to the
    provisions of the Illinois Procurement Code, unless
    specifically required by the management agreement.
        (20) The transition of rights and obligations,
    including any associated equipment or other assets used in
    the operation of the Lottery, from the manager to any
    successor manager of the lottery, including the
    Department, following the termination of or foreclosure
    upon the management agreement.
        (21) Right of use of copyrights, trademarks, and
    service marks held by the Department in the name of the
    State. The agreement must provide that any use of them by
    the manager shall only be for the purpose of fulfilling its
    obligations under the management agreement during the term
    of the agreement.
        (22) The disclosure of any information requested by the
    Department to enable it to comply with the reporting
    requirements and information requests provided for under
    subsection (p) of this Section.
    (e) Notwithstanding any other law to the contrary, the
Department shall select a private manager through a competitive
request for qualifications process consistent with Section
20-35 of the Illinois Procurement Code, which shall take into
account:
        (1) the offeror's ability to market the Lottery to
    those residents who are new, infrequent, or lapsed players
    of the Lottery, especially those who are most likely to
    make regular purchases on the Internet;
        (2) the offeror's ability to address the State's
    concern with the social effects of gambling on those who
    can least afford to do so;
        (3) the offeror's ability to provide the most
    successful management of the Lottery for the benefit of the
    people of the State based on current and past business
    practices or plans of the offeror; and
        (4) the offeror's poor or inadequate past performance
    in servicing, equipping, operating or managing a lottery on
    behalf of Illinois, another State or foreign government and
    attracting persons who are not currently regular players of
    a lottery.
    (f) The Department may retain the services of an advisor or
advisors with significant experience in financial services or
the management, operation, and procurement of goods, services,
and equipment for a government-run lottery to assist in the
preparation of the terms of the request for qualifications and
selection of the private manager. Any prospective advisor
seeking to provide services under this subsection (f) shall
disclose any material business or financial relationship
during the past 3 years with any potential offeror, or with a
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery. The Department shall evaluate the material business or
financial relationship of each prospective advisor. The
Department shall not select any prospective advisor with a
substantial business or financial relationship that the
Department deems to impair the objectivity of the services to
be provided by the prospective advisor. During the course of
the advisor's engagement by the Department, and for a period of
one year thereafter, the advisor shall not enter into any
business or financial relationship with any offeror or any
vendor identified to assist an offeror in performing its
obligations under the management agreement. Any advisor
retained by the Department shall be disqualified from being an
offeror. The Department shall not include terms in the request
for qualifications that provide a material advantage whether
directly or indirectly to any potential offeror, or any
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery, including terms contained in previous responses to
requests for proposals or qualifications submitted to
Illinois, another State or foreign government when those terms
are uniquely associated with a particular potential offeror,
contractor, or subcontractor. The request for proposals
offered by the Department on December 22, 2008 as
"LOT08GAMESYS" and reference number "22016176" is declared
void.
    (g) The Department shall select at least 2 offerors as
finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'
proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
        (1) The date, time, and place of the hearing.
        (2) The subject matter of the hearing.
        (3) A brief description of the management agreement to
    be awarded.
        (4) The identity of the offerors that have been
    selected as finalists to serve as the private manager.
        (5) The address and telephone number of the Department.
    (h) At the public hearing, the Department shall (i) provide
sufficient time for each finalist to present and explain its
proposal to the Department and the Governor or the Governor's
designee, including an opportunity to respond to questions
posed by the Department, Governor, or designee and (ii) allow
the public and non-selected offerors to comment on the
presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by
publication of a notice in the Illinois Procurement Bulletin on
or before September 15, 2010. The Governor shall include in the
notice a detailed explanation and the reasons why the final
offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
    (i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
    (j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
    (k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Department and
leased to the private manager shall be owned by the Department
in the name of the State and shall be considered to be public
property devoted to an essential public and governmental
function.
    (l) The Department may exercise any of its powers under
this Section or any other law as necessary or desirable for the
execution of the Department's powers under this Section.
    (m) Neither this Section nor any management agreement
entered into under this Section prohibits the General Assembly
from authorizing forms of gambling that are not in direct
competition with the Lottery.
    (n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Department in cooperation with the Auditor General to determine
whether the private manager has complied with this Section and
the management agreement. The private manager shall bear the
cost of an investigation or reinvestigation of the private
manager under this subsection.
    (o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Department or any other officer, Department, agency,
or instrumentality of the State or any political subdivision is
required for the Department to enter into a management
agreement under this Section. This Section contains full and
complete authority for the Department to approve any contracts
entered into by a private manager with a vendor providing
goods, services, or both goods and services to the private
manager under the terms of the management agreement, including
subcontractors of such vendors.
    Upon receipt of a written request from the Chief
Procurement Officer, the Department shall provide to the Chief
Procurement Officer a complete and un-redacted copy of the
management agreement or any contract that is subject to the
Department's approval authority under this subsection (o). The
Department shall provide a copy of the agreement or contract to
the Chief Procurement Officer in the time specified by the
Chief Procurement Officer in his or her written request, but no
later than 5 business days after the request is received by the
Department. The Chief Procurement Officer must retain any
portions of the management agreement or of any contract
designated by the Department as confidential, proprietary, or
trade secret information in complete confidence pursuant to
subsection (g) of Section 7 of the Freedom of Information Act.
The Department shall also provide the Chief Procurement Officer
with reasonable advance written notice of any contract that is
pending Department approval.
    Notwithstanding any other provision of this Section to the
contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if
a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
    Except as provided in Sections 21.5, 21.6, 21.7, 21.8,
21.9, and 21.10, and 21.11, 21.10 the Department shall
distribute all proceeds of lottery tickets and shares sold in
the following priority and manner:
        (1) The payment of prizes and retailer bonuses.
        (2) The payment of costs incurred in the operation and
    administration of the Lottery, including the payment of
    sums due to the private manager under the management
    agreement with the Department.
        (3) On the last day of each month or as soon thereafter
    as possible, the State Comptroller shall direct and the
    State Treasurer shall transfer from the State Lottery Fund
    to the Common School Fund an amount that is equal to the
    proceeds transferred in the corresponding month of fiscal
    year 2009, as adjusted for inflation, to the Common School
    Fund.
        (4) On or before September 30 of each fiscal year,
    deposit any estimated remaining proceeds from the prior
    fiscal year, subject to payments under items (1), (2), and
    (3), into the Capital Projects Fund. Beginning in fiscal
    year 2019, the amount deposited shall be increased or
    decreased each year by the amount the estimated payment
    differs from the amount determined from each year-end
    financial audit. Only remaining net deficits from prior
    fiscal years may reduce the requirement to deposit these
    funds, as determined by the annual financial audit.
    (p) The Department shall be subject to the following
reporting and information request requirements:
        (1) the Department shall submit written quarterly
    reports to the Governor and the General Assembly on the
    activities and actions of the private manager selected
    under this Section;
        (2) upon request of the Chief Procurement Officer, the
    Department shall promptly produce information related to
    the procurement activities of the Department and the
    private manager requested by the Chief Procurement
    Officer; the Chief Procurement Officer must retain
    confidential, proprietary, or trade secret information
    designated by the Department in complete confidence
    pursuant to subsection (g) of Section 7 of the Freedom of
    Information Act; and
        (3) at least 30 days prior to the beginning of the
    Department's fiscal year, the Department shall prepare an
    annual written report on the activities of the private
    manager selected under this Section and deliver that report
    to the Governor and General Assembly.
(Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17;
100-587, eff. 6-4-18; 100-647, eff. 7-30-18; 100-1068, eff.
8-24-18; revised 9-20-18.)
 
    (20 ILCS 1605/20)  (from Ch. 120, par. 1170)
    Sec. 20. State Lottery Fund.
    (a) There is created in the State Treasury a special fund
to be known as the "State Lottery Fund". Such fund shall
consist of all revenues received from (1) the sale of lottery
tickets or shares, (net of commissions, fees representing those
expenses that are directly proportionate to the sale of tickets
or shares at the agent location, and prizes of less than $600
which have been validly paid at the agent level), (2)
application fees, and (3) all other sources including moneys
credited or transferred thereto from any other fund or source
pursuant to law. Interest earnings of the State Lottery Fund
shall be credited to the Common School Fund.
    (b) The receipt and distribution of moneys under Section
21.5 of this Act shall be in accordance with Section 21.5.
    (c) The receipt and distribution of moneys under Section
21.6 of this Act shall be in accordance with Section 21.6.
    (d) The receipt and distribution of moneys under Section
21.7 of this Act shall be in accordance with Section 21.7.
    (e) The receipt and distribution of moneys under Section
21.8 of this Act shall be in accordance with Section 21.8.
    (f) The receipt and distribution of moneys under Section
21.9 of this Act shall be in accordance with Section 21.9.
    (g) The receipt and distribution of moneys under Section
21.10 of this Act shall be in accordance with Section 21.10.
    (h) (g) The receipt and distribution of moneys under
Section 21.11 21.10 of this Act shall be in accordance with
Section 21.11 21.10.
(Source: P.A. 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18;
revised 9-20-18.)
 
    (20 ILCS 1605/21.10)
    Sec. 21.10. Scratch-off for State police memorials.
    (a) The Department shall offer a special instant
scratch-off game for the benefit of State police memorials. The
game shall commence on January 1, 2019 or as soon thereafter,
at the discretion of the Director, as is reasonably practical.
The operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
    (b) The net revenue from the State police memorials
scratch-off game shall be deposited into the Criminal Justice
Information Projects Fund and distributed equally, as soon as
practical but at least on a monthly basis, to the Chicago
Police Memorial Foundation Fund, the Police Memorial Committee
Fund, and the Illinois State Police Memorial Park Fund. Moneys
transferred to the funds under this Section shall be used,
subject to appropriation, to fund grants for building and
maintaining memorials and parks; holding annual memorial
commemorations; giving scholarships to children of officers
killed or catastrophically injured in the line of duty, or
those interested in pursuing a career in law enforcement;
providing financial assistance to police officers and their
families when a police officer is killed or injured in the line
of duty; and providing financial assistance to officers for the
purchase or replacement of bulletproof bullet proof vests to be
used in the line of duty.
    For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
    (c) During the time that tickets are sold for the State
police memorials scratch-off game, the Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
    (d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
(Source: P.A. 100-647, eff. 7-30-18; revised 9-17-18.)
 
    (20 ILCS 1605/21.11)
    Sec. 21.11 21.10. Scratch-off for homelessness prevention
programs.
    (a) The Department shall offer a special instant
scratch-off game to fund homelessness prevention programs. The
game shall commence on July 1, 2019 or as soon thereafter, at
the discretion of the Director, as is reasonably practical. The
operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
    (b) The Homelessness Prevention Revenue Fund is created as
a special fund in the State treasury. The net revenue from the
scratch-off game to fund homelessness prevention programs
shall be deposited into the Homelessness Prevention Revenue
Fund. Subject to appropriation, moneys in the Fund shall be
used by the Department of Human Services solely for grants to
homelessness prevention and assistance projects under the
Homelessness Prevention Act.
    As used in this subsection, "net revenue" means the total
amount for which tickets have been sold less the sum of the
amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
    (c) During the time that tickets are sold for the
scratch-off game to fund homelessness prevention programs, the
Department shall not unreasonably diminish the efforts devoted
to marketing any other instant scratch-off lottery game.
    (d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
    (e) Nothing in this Section shall be construed to affect
any revenue that any Homelessness Prevention line item receives
through the General Revenue Fund or the Illinois Affordable
Housing Trust Fund.
(Source: P.A. 100-1068, eff. 8-24-18; revised 9-17-18.)
 
    Section 145. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
4.4 as follows:
 
    (20 ILCS 1705/4.4)
    Sec. 4.4. Direct support person credential pilot program.
    (a) In this Section, "direct support person credential"
means a document issued to an individual by a recognized
accrediting body attesting that the individual has met the
professional requirements of the credentialing program by the
Division of Developmental Disabilities of the Department of
Human Services.
    (b) The Division shall initiate a program to continue to
gain the expertise and knowledge of the developmental
disabilities workforce and of the developmental disabilities
workforce recruitment and retention needs throughout the
developmental disabilities field. The Division shall implement
a direct support person credential pilot program to assist and
attract persons into the field of direct support, advance
direct support as a career, and professionalize the field to
promote workforce recruitment and retention efforts, advanced
skills and competencies, and further ensure the health, safety,
and well-being of persons being served.
    (c) The direct support person credential pilot program is
created within the Division to assist persons in the field of
developmental disabilities in obtaining obtain a credential in
their fields of expertise.
    (d) The pilot program shall be administered by the Division
for 3 years. The pilot program shall include providers,
licensed and certified by the Division or by the Department of
Public Health. The purpose of the pilot program is to assess
how the establishment of a State-accredited direct support
person credential:
        (1) promotes recruitment and retention efforts in the
    developmental disabilities field, notably the direct
    support person position;
        (2) enhances competence in the developmental
    disabilities field;
        (3) yields quality supports and services to persons
    with developmental disabilities; and
        (4) advances the health and safety requirements set
    forth by the State.
    (e) The Division, in administering the pilot program, shall
consider, but not be limited to, the following:
        (1) best practices learning initiatives, including the
    University of Minnesota's college of direct support and all
    Illinois Department of Human Services-approved direct
    support person competencies;
        (2) national direct support professional and person
    competencies or credentialing-based standards and
    trainings;
        (3) facilitating direct support person's portfolio
    development;
        (4) the role and value of skill mentors; and
        (5) creating a career ladder.
    (f) The Division shall produce a report detailing the
progress of the pilot program, including, but not limited to:
        (1) the rate of recruitment and retention for direct
    support persons of providers participating in the pilot
    program compared to the rate for non-participating
    providers;
        (2) the number of direct support persons credentialed;
    and
        (3) the enhancement of quality supports and services to
    persons with developmental disabilities.
(Source: P.A. 100-754, eff. 8-10-18; revised 9-25-18.)
 
    Section 150. The Military Code of Illinois is amended by
changing Section 21 as follows:
 
    (20 ILCS 1805/21)  (from Ch. 129, par. 220.21)
    Sec. 21. The Assistant Adjutant General for Army shall be
the chief administrative assistant to the Adjutant General for
Army matters and the Assistant Adjutant General for Air shall
be the chief administrative assistant to the Adjutant General
for Air matters and both shall perform such duties as may be
directed by the Adjutant General. In the event of the death or
disability of the Adjutant General or any other occurrence that
creates a vacancy in the office,, the Commander-in-Chief shall
designate either the Assistant Adjutant General for Army or the
Assistant Adjutant General for Air as the Acting Adjutant
General to perform the duties of the office until an Adjutant
General is appointed.
(Source: P.A. 100-1030, eff. 8-22-18; revised 10-2-18.)
 
    Section 155. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
 
    (20 ILCS 2105/2105-15)
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
    occupations.
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations; provided,
    that no school, college, or university, or department of a
    university, or other institution that refuses admittance
    to applicants solely on account of race, color, creed, sex,
    sexual orientation, or national origin shall be considered
    reputable and in good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard to
    licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities.
        The Department shall issue a monthly disciplinary
    report.
        The Department shall refuse to issue or renew a license
    to, or shall suspend or revoke a license of, any person
    who, after receiving notice, fails to comply with a
    subpoena or warrant relating to a paternity or child
    support proceeding. However, the Department may issue a
    license or renewal upon compliance with the subpoena or
    warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Department of Healthcare
    and Family Services (formerly Illinois Department of
    Public Aid) as being more than 30 days delinquent in
    complying with a child support order or who is certified by
    a court as being in violation of the Non-Support Punishment
    Act for more than 60 days. The Department may, however,
    issue a license or renewal if the person has established a
    satisfactory repayment record as determined by the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) or if the person is
    determined by the court to be in compliance with the
    Non-Support Punishment Act. The Department may implement
    this paragraph as added by Public Act 89-6 through the use
    of emergency rules in accordance with Section 5-45 of the
    Illinois Administrative Procedure Act. For purposes of the
    Illinois Administrative Procedure Act, the adoption of
    rules to implement this paragraph shall be considered an
    emergency and necessary for the public interest, safety,
    and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands when
    the transfer, acquisition, or acceptance is advantageous
    to the State and is approved in writing by the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Department of Healthcare and
    Family Services information that may be necessary for the
    enforcement of child support orders entered pursuant to the
    Illinois Public Aid Code, the Illinois Marriage and
    Dissolution of Marriage Act, the Non-Support of Spouse and
    Children Act, the Non-Support Punishment Act, the Revised
    Uniform Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, the Illinois Parentage Act
    of 1984, or the Illinois Parentage Act of 2015.
    Notwithstanding any provisions in this Code to the
    contrary, the Department of Professional Regulation shall
    not be liable under any federal or State law to any person
    for any disclosure of information to the Department of
    Healthcare and Family Services (formerly Illinois
    Department of Public Aid) under this paragraph (8) or for
    any other action taken in good faith to comply with the
    requirements of this paragraph (8).
        (8.5) To accept continuing education credit for
    mandated reporter training on how to recognize and report
    child abuse offered by the Department of Children and
    Family Services and completed by any person who holds a
    professional license issued by the Department and who is a
    mandated reporter under the Abused and Neglected Child
    Reporting Act. The Department shall adopt any rules
    necessary to implement this paragraph.
        (9) To perform other duties prescribed by law.
    (a-5) Except in cases involving delinquency in complying
with a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
    (b) (Blank).
    (c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
    (f) (Blank).
    (f-5) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall allow an applicant to provide his or her
individual taxpayer identification number as an alternative to
providing a social security number when applying for a license.
    (g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
    In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall advise
the licensee that the suspension shall be effective 60 days
after the issuance of the Department's order unless the
Department receives, from the licensee, a request for a hearing
before the Department to dispute the matters contained in the
order.
    Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
    The Department may promulgate rules for the administration
of this subsection (g).
    (h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
    (i) The Department shall make available on its website
general information explaining how the Department utilizes
criminal history information in making licensure application
decisions, including a list of enumerated offenses that serve
as a statutory bar to licensure.
(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
100-262, eff. 8-22-17; 100-863, eff. 8-14-18; 100-872, eff.
8-14-18; 100-883, eff. 8-14-18; 100-1078, eff. 1-1-19; revised
10-18-18.)
 
    Section 160. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-307 and 2310-313 as follows:
 
    (20 ILCS 2310/2310-307)
    Sec. 2310-307. Concussion brochure. As used in this
Section, "concussion" and "interscholastic athletic activity"
have the meanings meaning ascribed to those terms under Section
22-80 of the School Code. The Department shall, subject to
appropriation, develop, publish, and disseminate a brochure to
educate the general public on the effects of concussions in
children and discuss how to look for concussion warning signs
in children, including, but not limited to, delays in the
learning development of children. The brochure shall be
distributed free of charge by schools to any child or the
parent or guardian of a child who may have sustained a
concussion, regardless of whether or not the concussion
occurred while the child was participating in an
interscholastic athletic activity.
(Source: P.A. 100-747, eff. 1-1-19; revised 9-27-18.)
 
    (20 ILCS 2310/2310-313)
    Sec. 2310-313. Sepsis Review Task Force.
    (a) The Sepsis Review Task Force is created. The Task Force
shall study sepsis early intervention and the prevention of
loss of life from sepsis. The Task Force's study shall include,
but not be limited to:
        (1) studying the Medical Patient Rights Act, reviewing
    how other states handle patients' rights, and determining
    how Illinois can improve patients' rights and prevent
    sepsis based on the approaches of the other states;
        (2) investigating specific advances in medical
    technology that could identify sepsis in blood tests;
        (3) studying medical record sharing that would enable
    physicians and patients to see results from blood work that
    was drawn at hospitals;
        (4) best practices and protocols for hospitals,
    long-term care facilities licensed under the Nursing Home
    Care Act, ID/DD facilities under the ID/DD Community Care
    Act, and group homes; and
        (5) developing develop best practices and protocols
    for emergency first responders in the field dealing with
    patients who potentially are in septic shock or others who
    are suffering from sepsis.
    (b) The Task Force shall consist of the following members,
appointed by the Director of Public Health:
        (1) one representative of a statewide association
    representing hospitals;
        (2) two representatives of a statewide organization
    representing physicians licensed to practice medicine in
    all its branches, one of whom shall represent hospitalists;
        (3) one representative of a statewide organization
    representing emergency physicians;
        (4) one representative of a statewide labor union
    representing nurses;
        (5) two representatives of statewide organizations
    representing long-term care facilities;
        (6) one representative of a statewide organization
    representing facilities licensed under the MC/DD Act or
    ID/DD Community Care Act;
        (7) the Chief of the Department's Division of Emergency
    Medical Services and Highway Safety or his or her designee;
        (8) one representative of an ambulance or emergency
    medical services association;
        (9) three representatives of a nationwide sepsis
    advocacy organization;
        (10) one representative of a medical research
    department at a public university; and
        (11) one representative of a statewide association
    representing medical information management professionals.
    Task Force members shall serve without compensation. If a
vacancy occurs in the Task Force membership, the vacancy shall
be filled in the same manner as the original appointment. The
Department of Public Health shall provide the Task Force with
administrative and other support.
(Source: P.A. 100-1100, eff. 8-26-18; revised 9-27-18.)
 
    Section 165. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
 
    (20 ILCS 2630/5.2)
    Sec. 5.2. Expungement, sealing, and immediate sealing.
    (a) General Provisions.
        (1) Definitions. In this Act, words and phrases have
    the meanings set forth in this subsection, except when a
    particular context clearly requires a different meaning.
            (A) The following terms shall have the meanings
        ascribed to them in the Unified Code of Corrections,
        730 ILCS 5/5-1-2 through 5/5-1-22:
                (i) Business Offense (730 ILCS 5/5-1-2),
                (ii) Charge (730 ILCS 5/5-1-3),
                (iii) Court (730 ILCS 5/5-1-6),
                (iv) Defendant (730 ILCS 5/5-1-7),
                (v) Felony (730 ILCS 5/5-1-9),
                (vi) Imprisonment (730 ILCS 5/5-1-10),
                (vii) Judgment (730 ILCS 5/5-1-12),
                (viii) Misdemeanor (730 ILCS 5/5-1-14),
                (ix) Offense (730 ILCS 5/5-1-15),
                (x) Parole (730 ILCS 5/5-1-16),
                (xi) Petty Offense (730 ILCS 5/5-1-17),
                (xii) Probation (730 ILCS 5/5-1-18),
                (xiii) Sentence (730 ILCS 5/5-1-19),
                (xiv) Supervision (730 ILCS 5/5-1-21), and
                (xv) Victim (730 ILCS 5/5-1-22).
            (B) As used in this Section, "charge not initiated
        by arrest" means a charge (as defined by 730 ILCS
        5/5-1-3) brought against a defendant where the
        defendant is not arrested prior to or as a direct
        result of the charge.
            (C) "Conviction" means a judgment of conviction or
        sentence entered upon a plea of guilty or upon a
        verdict or finding of guilty of an offense, rendered by
        a legally constituted jury or by a court of competent
        jurisdiction authorized to try the case without a jury.
        An order of supervision successfully completed by the
        petitioner is not a conviction. An order of qualified
        probation (as defined in subsection (a)(1)(J))
        successfully completed by the petitioner is not a
        conviction. An order of supervision or an order of
        qualified probation that is terminated
        unsatisfactorily is a conviction, unless the
        unsatisfactory termination is reversed, vacated, or
        modified and the judgment of conviction, if any, is
        reversed or vacated.
            (D) "Criminal offense" means a petty offense,
        business offense, misdemeanor, felony, or municipal
        ordinance violation (as defined in subsection
        (a)(1)(H)). As used in this Section, a minor traffic
        offense (as defined in subsection (a)(1)(G)) shall not
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the
        records or return them to the petitioner and to
        obliterate the petitioner's name from any official
        index or public record, or both. Nothing in this Act
        shall require the physical destruction of the circuit
        court file, but such records relating to arrests or
        charges, or both, ordered expunged shall be impounded
        as required by subsections (d)(9)(A)(ii) and
        (d)(9)(B)(ii).
            (F) As used in this Section, "last sentence" means
        the sentence, order of supervision, or order of
        qualified probation (as defined by subsection
        (a)(1)(J)), for a criminal offense (as defined by
        subsection (a)(1)(D)) that terminates last in time in
        any jurisdiction, regardless of whether the petitioner
        has included the criminal offense for which the
        sentence or order of supervision or qualified
        probation was imposed in his or her petition. If
        multiple sentences, orders of supervision, or orders
        of qualified probation terminate on the same day and
        are last in time, they shall be collectively considered
        the "last sentence" regardless of whether they were
        ordered to run concurrently.
            (G) "Minor traffic offense" means a petty offense,
        business offense, or Class C misdemeanor under the
        Illinois Vehicle Code or a similar provision of a
        municipal or local ordinance.
            (H) "Municipal ordinance violation" means an
        offense defined by a municipal or local ordinance that
        is criminal in nature and with which the petitioner was
        charged or for which the petitioner was arrested and
        released without charging.
            (I) "Petitioner" means an adult or a minor
        prosecuted as an adult who has applied for relief under
        this Section.
            (J) "Qualified probation" means an order of
        probation under Section 10 of the Cannabis Control Act,
        Section 410 of the Illinois Controlled Substances Act,
        Section 70 of the Methamphetamine Control and
        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
        of the Unified Code of Corrections, Section
        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
        those provisions existed before their deletion by
        Public Act 89-313), Section 10-102 of the Illinois
        Alcoholism and Other Drug Dependency Act, Section
        40-10 of the Substance Use Disorder Act, or Section 10
        of the Steroid Control Act. For the purpose of this
        Section, "successful completion" of an order of
        qualified probation under Section 10-102 of the
        Illinois Alcoholism and Other Drug Dependency Act and
        Section 40-10 of the Substance Use Disorder Act means
        that the probation was terminated satisfactorily and
        the judgment of conviction was vacated.
            (K) "Seal" means to physically and electronically
        maintain the records, unless the records would
        otherwise be destroyed due to age, but to make the
        records unavailable without a court order, subject to
        the exceptions in Sections 12 and 13 of this Act. The
        petitioner's name shall also be obliterated from the
        official index required to be kept by the circuit court
        clerk under Section 16 of the Clerks of Courts Act, but
        any index issued by the circuit court clerk before the
        entry of the order to seal shall not be affected.
            (L) "Sexual offense committed against a minor"
        includes but is not limited to the offenses of indecent
        solicitation of a child or criminal sexual abuse when
        the victim of such offense is under 18 years of age.
            (M) "Terminate" as it relates to a sentence or
        order of supervision or qualified probation includes
        either satisfactory or unsatisfactory termination of
        the sentence, unless otherwise specified in this
        Section. A sentence is terminated notwithstanding any
        outstanding financial legal obligation.
        (2) Minor Traffic Offenses. Orders of supervision or
    convictions for minor traffic offenses shall not affect a
    petitioner's eligibility to expunge or seal records
    pursuant to this Section.
        (2.5) Commencing 180 days after July 29, 2016 (the
    effective date of Public Act 99-697), the law enforcement
    agency issuing the citation shall automatically expunge,
    on or before January 1 and July 1 of each year, the law
    enforcement records of a person found to have committed a
    civil law violation of subsection (a) of Section 4 of the
    Cannabis Control Act or subsection (c) of Section 3.5 of
    the Drug Paraphernalia Control Act in the law enforcement
    agency's possession or control and which contains the final
    satisfactory disposition which pertain to the person
    issued a citation for that offense. The law enforcement
    agency shall provide by rule the process for access,
    review, and to confirm the automatic expungement by the law
    enforcement agency issuing the citation. Commencing 180
    days after July 29, 2016 (the effective date of Public Act
    99-697), the clerk of the circuit court shall expunge, upon
    order of the court, or in the absence of a court order on
    or before January 1 and July 1 of each year, the court
    records of a person found in the circuit court to have
    committed a civil law violation of subsection (a) of
    Section 4 of the Cannabis Control Act or subsection (c) of
    Section 3.5 of the Drug Paraphernalia Control Act in the
    clerk's possession or control and which contains the final
    satisfactory disposition which pertain to the person
    issued a citation for any of those offenses.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
    of this Section, the court shall not order:
            (A) the sealing or expungement of the records of
        arrests or charges not initiated by arrest that result
        in an order of supervision for or conviction of: (i)
        any sexual offense committed against a minor; (ii)
        Section 11-501 of the Illinois Vehicle Code or a
        similar provision of a local ordinance; or (iii)
        Section 11-503 of the Illinois Vehicle Code or a
        similar provision of a local ordinance, unless the
        arrest or charge is for a misdemeanor violation of
        subsection (a) of Section 11-503 or a similar provision
        of a local ordinance, that occurred prior to the
        offender reaching the age of 25 years and the offender
        has no other conviction for violating Section 11-501 or
        11-503 of the Illinois Vehicle Code or a similar
        provision of a local ordinance.
            (B) the sealing or expungement of records of minor
        traffic offenses (as defined in subsection (a)(1)(G)),
        unless the petitioner was arrested and released
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision or a conviction for the following
        offenses:
                (i) offenses included in Article 11 of the
            Criminal Code of 1961 or the Criminal Code of 2012
            or a similar provision of a local ordinance, except
            Section 11-14 and a misdemeanor violation of
            Section 11-30 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
            26-5, or 48-1 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (iii) Sections 12-3.1 or 12-3.2 of the
            Criminal Code of 1961 or the Criminal Code of 2012,
            or Section 125 of the Stalking No Contact Order
            Act, or Section 219 of the Civil No Contact Order
            Act, or a similar provision of a local ordinance;
                (iv) Class A misdemeanors or felony offenses
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that
            would subject a person to registration under the
            Sex Offender Registration Act.
            (D) (blank).
    (b) Expungement.
        (1) A petitioner may petition the circuit court to
    expunge the records of his or her arrests and charges not
    initiated by arrest when each arrest or charge not
    initiated by arrest sought to be expunged resulted in: (i)
    acquittal, dismissal, or the petitioner's release without
    charging, unless excluded by subsection (a)(3)(B); (ii) a
    conviction which was vacated or reversed, unless excluded
    by subsection (a)(3)(B); (iii) an order of supervision and
    such supervision was successfully completed by the
    petitioner, unless excluded by subsection (a)(3)(A) or
    (a)(3)(B); or (iv) an order of qualified probation (as
    defined in subsection (a)(1)(J)) and such probation was
    successfully completed by the petitioner.
        (1.5) When a petitioner seeks to have a record of
    arrest expunged under this Section, and the offender has
    been convicted of a criminal offense, the State's Attorney
    may object to the expungement on the grounds that the
    records contain specific relevant information aside from
    the mere fact of the arrest.
        (2) Time frame for filing a petition to expunge.
            (A) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an acquittal,
        dismissal, the petitioner's release without charging,
        or the reversal or vacation of a conviction, there is
        no waiting period to petition for the expungement of
        such records.
            (B) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        supervision, successfully completed by the petitioner,
        the following time frames will apply:
                (i) Those arrests or charges that resulted in
            orders of supervision under Section 3-707, 3-708,
            3-710, or 5-401.3 of the Illinois Vehicle Code or a
            similar provision of a local ordinance, or under
            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
            Code of 1961 or the Criminal Code of 2012, or a
            similar provision of a local ordinance, shall not
            be eligible for expungement until 5 years have
            passed following the satisfactory termination of
            the supervision.
                (i-5) Those arrests or charges that resulted
            in orders of supervision for a misdemeanor
            violation of subsection (a) of Section 11-503 of
            the Illinois Vehicle Code or a similar provision of
            a local ordinance, that occurred prior to the
            offender reaching the age of 25 years and the
            offender has no other conviction for violating
            Section 11-501 or 11-503 of the Illinois Vehicle
            Code or a similar provision of a local ordinance
            shall not be eligible for expungement until the
            petitioner has reached the age of 25 years.
                (ii) Those arrests or charges that resulted in
            orders of supervision for any other offenses shall
            not be eligible for expungement until 2 years have
            passed following the satisfactory termination of
            the supervision.
            (C) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        qualified probation, successfully completed by the
        petitioner, such records shall not be eligible for
        expungement until 5 years have passed following the
        satisfactory termination of the probation.
        (3) Those records maintained by the Department for
    persons arrested prior to their 17th birthday shall be
    expunged as provided in Section 5-915 of the Juvenile Court
    Act of 1987.
        (4) Whenever a person has been arrested for or
    convicted of any offense, in the name of a person whose
    identity he or she has stolen or otherwise come into
    possession of, the aggrieved person from whom the identity
    was stolen or otherwise obtained without authorization,
    upon learning of the person having been arrested using his
    or her identity, may, upon verified petition to the chief
    judge of the circuit wherein the arrest was made, have a
    court order entered nunc pro tunc by the Chief Judge to
    correct the arrest record, conviction record, if any, and
    all official records of the arresting authority, the
    Department, other criminal justice agencies, the
    prosecutor, and the trial court concerning such arrest, if
    any, by removing his or her name from all such records in
    connection with the arrest and conviction, if any, and by
    inserting in the records the name of the offender, if known
    or ascertainable, in lieu of the aggrieved's name. The
    records of the circuit court clerk shall be sealed until
    further order of the court upon good cause shown and the
    name of the aggrieved person obliterated on the official
    index required to be kept by the circuit court clerk under
    Section 16 of the Clerks of Courts Act, but the order shall
    not affect any index issued by the circuit court clerk
    before the entry of the order. Nothing in this Section
    shall limit the Department of State Police or other
    criminal justice agencies or prosecutors from listing
    under an offender's name the false names he or she has
    used.
        (5) Whenever a person has been convicted of criminal
    sexual assault, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual abuse, or aggravated criminal sexual abuse, the
    victim of that offense may request that the State's
    Attorney of the county in which the conviction occurred
    file a verified petition with the presiding trial judge at
    the petitioner's trial to have a court order entered to
    seal the records of the circuit court clerk in connection
    with the proceedings of the trial court concerning that
    offense. However, the records of the arresting authority
    and the Department of State Police concerning the offense
    shall not be sealed. The court, upon good cause shown,
    shall make the records of the circuit court clerk in
    connection with the proceedings of the trial court
    concerning the offense available for public inspection.
        (6) If a conviction has been set aside on direct review
    or on collateral attack and the court determines by clear
    and convincing evidence that the petitioner was factually
    innocent of the charge, the court that finds the petitioner
    factually innocent of the charge shall enter an expungement
    order for the conviction for which the petitioner has been
    determined to be innocent as provided in subsection (b) of
    Section 5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section shall prevent the
    Department of State Police from maintaining all records of
    any person who is admitted to probation upon terms and
    conditions and who fulfills those terms and conditions
    pursuant to Section 10 of the Cannabis Control Act, Section
    410 of the Illinois Controlled Substances Act, Section 70
    of the Methamphetamine Control and Community Protection
    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
    Corrections, Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05 of the Criminal Code of 1961 or the
    Criminal Code of 2012, Section 10-102 of the Illinois
    Alcoholism and Other Drug Dependency Act, Section 40-10 of
    the Substance Use Disorder Act, or Section 10 of the
    Steroid Control Act.
        (8) If the petitioner has been granted a certificate of
    innocence under Section 2-702 of the Code of Civil
    Procedure, the court that grants the certificate of
    innocence shall also enter an order expunging the
    conviction for which the petitioner has been determined to
    be innocent as provided in subsection (h) of Section 2-702
    of the Code of Civil Procedure.
    (c) Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement of criminal records, this subsection
    authorizes the sealing of criminal records of adults and of
    minors prosecuted as adults. Subsection (g) of this Section
    provides for immediate sealing of certain records.
        (2) Eligible Records. The following records may be
    sealed:
            (A) All arrests resulting in release without
        charging;
            (B) Arrests or charges not initiated by arrest
        resulting in acquittal, dismissal, or conviction when
        the conviction was reversed or vacated, except as
        excluded by subsection (a)(3)(B);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision, including orders
        of supervision for municipal ordinance violations,
        successfully completed by the petitioner, unless
        excluded by subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions, including convictions on
        municipal ordinance violations, unless excluded by
        subsection (a)(3);
            (E) Arrests or charges not initiated by arrest
        resulting in orders of first offender probation under
        Section 10 of the Cannabis Control Act, Section 410 of
        the Illinois Controlled Substances Act, Section 70 of
        the Methamphetamine Control and Community Protection
        Act, or Section 5-6-3.3 of the Unified Code of
        Corrections; and
            (F) Arrests or charges not initiated by arrest
        resulting in felony convictions unless otherwise
        excluded by subsection (a) paragraph (3) of this
        Section.
        (3) When Records Are Eligible to Be Sealed. Records
    identified as eligible under subsection (c)(2) may be
    sealed as follows:
            (A) Records identified as eligible under
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
        time.
            (B) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsection (c)(2)(C) may be sealed 2
        years after the termination of petitioner's last
        sentence (as defined in subsection (a)(1)(F)).
            (C) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsections (c)(2)(D), (c)(2)(E), and
        (c)(2)(F) may be sealed 3 years after the termination
        of the petitioner's last sentence (as defined in
        subsection (a)(1)(F)). Convictions requiring public
        registration under the Arsonist Registration Act, the
        Sex Offender Registration Act, or the Murderer and
        Violent Offender Against Youth Registration Act may
        not be sealed until the petitioner is no longer
        required to register under that relevant Act.
            (D) Records identified in subsection
        (a)(3)(A)(iii) may be sealed after the petitioner has
        reached the age of 25 years.
            (E) Records identified as eligible under
        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
        (c)(2)(F) may be sealed upon termination of the
        petitioner's last sentence if the petitioner earned a
        high school diploma, associate's degree, career
        certificate, vocational technical certification, or
        bachelor's degree, or passed the high school level Test
        of General Educational Development, during the period
        of his or her sentence, aftercare release, or mandatory
        supervised release. This subparagraph shall apply only
        to a petitioner who has not completed the same
        educational goal prior to the period of his or her
        sentence, aftercare release, or mandatory supervised
        release. If a petition for sealing eligible records
        filed under this subparagraph is denied by the court,
        the time periods under subparagraph (B) or (C) shall
        apply to any subsequent petition for sealing filed by
        the petitioner.
        (4) Subsequent felony convictions. A person may not
    have subsequent felony conviction records sealed as
    provided in this subsection (c) if he or she is convicted
    of any felony offense after the date of the sealing of
    prior felony convictions as provided in this subsection
    (c). The court may, upon conviction for a subsequent felony
    offense, order the unsealing of prior felony conviction
    records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a
    disposition for an eligible record under this subsection
    (c), the petitioner shall be informed by the court of the
    right to have the records sealed and the procedures for the
    sealing of the records.
    (d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
        (1) Filing the petition. Upon becoming eligible to
    petition for the expungement or sealing of records under
    this Section, the petitioner shall file a petition
    requesting the expungement or sealing of records with the
    clerk of the court where the arrests occurred or the
    charges were brought, or both. If arrests occurred or
    charges were brought in multiple jurisdictions, a petition
    must be filed in each such jurisdiction. The petitioner
    shall pay the applicable fee, except no fee shall be
    required if the petitioner has obtained a court order
    waiving fees under Supreme Court Rule 298 or it is
    otherwise waived.
        (1.5) County fee waiver pilot program. In a county of
    3,000,000 or more inhabitants, no fee shall be required to
    be paid by a petitioner if the records sought to be
    expunged or sealed were arrests resulting in release
    without charging or arrests or charges not initiated by
    arrest resulting in acquittal, dismissal, or conviction
    when the conviction was reversed or vacated, unless
    excluded by subsection (a)(3)(B). The provisions of this
    paragraph (1.5), other than this sentence, are inoperative
    on and after January 1, 2019.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    birth, current address and, for each arrest or charge not
    initiated by arrest sought to be sealed or expunged, the
    case number, the date of arrest (if any), the identity of
    the arresting authority, and such other information as the
    court may require. During the pendency of the proceeding,
    the petitioner shall promptly notify the circuit court
    clerk of any change of his or her address. If the
    petitioner has received a certificate of eligibility for
    sealing from the Prisoner Review Board under paragraph (10)
    of subsection (a) of Section 3-3-2 of the Unified Code of
    Corrections, the certificate shall be attached to the
    petition.
        (3) Drug test. The petitioner must attach to the
    petition proof that the petitioner has passed a test taken
    within 30 days before the filing of the petition showing
    the absence within his or her body of all illegal
    substances as defined by the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, and the Cannabis Control Act if he or she
    is petitioning to:
            (A) seal felony records under clause (c)(2)(E);
            (B) seal felony records for a violation of the
        Illinois Controlled Substances Act, the
        Methamphetamine Control and Community Protection Act,
        or the Cannabis Control Act under clause (c)(2)(F);
            (C) seal felony records under subsection (e-5); or
            (D) expunge felony records of a qualified
        probation under clause (b)(1)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition and documentation to
    support the petition under subsection (e-5) or (e-6) on the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, the Department of State Police,
    the arresting agency and the chief legal officer of the
    unit of local government effecting the arrest.
        (5) Objections.
            (A) Any party entitled to notice of the petition
        may file an objection to the petition. All objections
        shall be in writing, shall be filed with the circuit
        court clerk, and shall state with specificity the basis
        of the objection. Whenever a person who has been
        convicted of an offense is granted a pardon by the
        Governor which specifically authorizes expungement, an
        objection to the petition may not be filed.
            (B) Objections to a petition to expunge or seal
        must be filed within 60 days of the date of service of
        the petition.
        (6) Entry of order.
            (A) The Chief Judge of the circuit wherein the
        charge was brought, any judge of that circuit
        designated by the Chief Judge, or in counties of less
        than 3,000,000 inhabitants, the presiding trial judge
        at the petitioner's trial, if any, shall rule on the
        petition to expunge or seal as set forth in this
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the
        Department of State Police, the arresting agency, or
        the chief legal officer files an objection to the
        petition to expunge or seal within 60 days from the
        date of service of the petition, the court shall enter
        an order granting or denying the petition.
            (C) Notwithstanding any other provision of law,
        the court shall not deny a petition for sealing under
        this Section because the petitioner has not satisfied
        an outstanding legal financial obligation established,
        imposed, or originated by a court, law enforcement
        agency, or a municipal, State, county, or other unit of
        local government, including, but not limited to, any
        cost, assessment, fine, or fee. An outstanding legal
        financial obligation does not include any court
        ordered restitution to a victim under Section 5-5-6 of
        the Unified Code of Corrections, unless the
        restitution has been converted to a civil judgment.
        Nothing in this subparagraph (C) waives, rescinds, or
        abrogates a legal financial obligation or otherwise
        eliminates or affects the right of the holder of any
        financial obligation to pursue collection under
        applicable federal, State, or local law.
        (7) Hearings. If an objection is filed, the court shall
    set a date for a hearing and notify the petitioner and all
    parties entitled to notice of the petition of the hearing
    date at least 30 days prior to the hearing. Prior to the
    hearing, the State's Attorney shall consult with the
    Department as to the appropriateness of the relief sought
    in the petition to expunge or seal. At the hearing, the
    court shall hear evidence on whether the petition should or
    should not be granted, and shall grant or deny the petition
    to expunge or seal the records based on the evidence
    presented at the hearing. The court may consider the
    following:
            (A) the strength of the evidence supporting the
        defendant's conviction;
            (B) the reasons for retention of the conviction
        records by the State;
            (C) the petitioner's age, criminal record history,
        and employment history;
            (D) the period of time between the petitioner's
        arrest on the charge resulting in the conviction and
        the filing of the petition under this Section; and
            (E) the specific adverse consequences the
        petitioner may be subject to if the petition is denied.
        (8) Service of order. After entering an order to
    expunge or seal records, the court must provide copies of
    the order to the Department, in a form and manner
    prescribed by the Department, to the petitioner, to the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, to the arresting agency, to the
    chief legal officer of the unit of local government
    effecting the arrest, and to such other criminal justice
    agencies as may be ordered by the court.
        (9) Implementation of order.
            (A) Upon entry of an order to expunge records
        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency,
            the Department, and any other agency as ordered by
            the court, within 60 days of the date of service of
            the order, unless a motion to vacate, modify, or
            reconsider the order is filed pursuant to
            paragraph (12) of subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the Department, or the agency
            receiving such inquiry, shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B) Upon entry of an order to expunge records
        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed pursuant to paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            pursuant to paragraph (12) of subsection (d) of
            this Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for such records
            from anyone not authorized by law to access such
            records, the court, the Department, or the agency
            receiving such inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B-5) Upon entry of an order to expunge records
        under subsection (e-6):
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed under paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            under paragraph (12) of subsection (d) of this
            Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for these records
            from anyone not authorized by law to access the
            records, the court, the Department, or the agency
            receiving the inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (C) Upon entry of an order to seal records under
        subsection (c), the arresting agency, any other agency
        as ordered by the court, the Department, and the court
        shall seal the records (as defined in subsection
        (a)(1)(K)). In response to an inquiry for such records,
        from anyone not authorized by law to access such
        records, the court, the Department, or the agency
        receiving such inquiry shall reply as it does in
        response to inquiries when no records ever existed.
            (D) The Department shall send written notice to the
        petitioner of its compliance with each order to expunge
        or seal records within 60 days of the date of service
        of that order or, if a motion to vacate, modify, or
        reconsider is filed, within 60 days of service of the
        order resolving the motion, if that order requires the
        Department to expunge or seal records. In the event of
        an appeal from the circuit court order, the Department
        shall send written notice to the petitioner of its
        compliance with an Appellate Court or Supreme Court
        judgment to expunge or seal records within 60 days of
        the issuance of the court's mandate. The notice is not
        required while any motion to vacate, modify, or
        reconsider, or any appeal or petition for
        discretionary appellate review, is pending.
            (E) Upon motion, the court may order that a sealed
        judgment or other court record necessary to
        demonstrate the amount of any legal financial
        obligation due and owing be made available for the
        limited purpose of collecting any legal financial
        obligations owed by the petitioner that were
        established, imposed, or originated in the criminal
        proceeding for which those records have been sealed.
        The records made available under this subparagraph (E)
        shall not be entered into the official index required
        to be kept by the circuit court clerk under Section 16
        of the Clerks of Courts Act and shall be immediately
        re-impounded upon the collection of the outstanding
        financial obligations.
            (F) Notwithstanding any other provision of this
        Section, a circuit court clerk may access a sealed
        record for the limited purpose of collecting payment
        for any legal financial obligations that were
        established, imposed, or originated in the criminal
        proceedings for which those records have been sealed.
        (10) Fees. The Department may charge the petitioner a
    fee equivalent to the cost of processing any order to
    expunge or seal records. Notwithstanding any provision of
    the Clerks of Courts Act to the contrary, the circuit court
    clerk may charge a fee equivalent to the cost associated
    with the sealing or expungement of records by the circuit
    court clerk. From the total filing fee collected for the
    petition to seal or expunge, the circuit court clerk shall
    deposit $10 into the Circuit Court Clerk Operation and
    Administrative Fund, to be used to offset the costs
    incurred by the circuit court clerk in performing the
    additional duties required to serve the petition to seal or
    expunge on all parties. The circuit court clerk shall
    collect and forward the Department of State Police portion
    of the fee to the Department and it shall be deposited in
    the State Police Services Fund. If the record brought under
    an expungement petition was previously sealed under this
    Section, the fee for the expungement petition for that same
    record shall be waived.
        (11) Final Order. No court order issued under the
    expungement or sealing provisions of this Section shall
    become final for purposes of appeal until 30 days after
    service of the order on the petitioner and all parties
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. Under
    Section 2-1203 of the Code of Civil Procedure, the
    petitioner or any party entitled to notice may file a
    motion to vacate, modify, or reconsider the order granting
    or denying the petition to expunge or seal within 60 days
    of service of the order. If filed more than 60 days after
    service of the order, a petition to vacate, modify, or
    reconsider shall comply with subsection (c) of Section
    2-1401 of the Code of Civil Procedure. Upon filing of a
    motion to vacate, modify, or reconsider, notice of the
    motion shall be served upon the petitioner and all parties
    entitled to notice of the petition.
        (13) Effect of Order. An order granting a petition
    under the expungement or sealing provisions of this Section
    shall not be considered void because it fails to comply
    with the provisions of this Section or because of any error
    asserted in a motion to vacate, modify, or reconsider. The
    circuit court retains jurisdiction to determine whether
    the order is voidable and to vacate, modify, or reconsider
    its terms based on a motion filed under paragraph (12) of
    this subsection (d).
        (14) Compliance with Order Granting Petition to Seal
    Records. Unless a court has entered a stay of an order
    granting a petition to seal, all parties entitled to notice
    of the petition must fully comply with the terms of the
    order within 60 days of service of the order even if a
    party is seeking relief from the order through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order.
        (15) Compliance with Order Granting Petition to
    Expunge Records. While a party is seeking relief from the
    order granting the petition to expunge through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order, and unless a court has entered a stay
    of that order, the parties entitled to notice of the
    petition must seal, but need not expunge, the records until
    there is a final order on the motion for relief or, in the
    case of an appeal, the issuance of that court's mandate.
        (16) The changes to this subsection (d) made by Public
    Act 98-163 apply to all petitions pending on August 5, 2013
    (the effective date of Public Act 98-163) and to all orders
    ruling on a petition to expunge or seal on or after August
    5, 2013 (the effective date of Public Act 98-163).
    (e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
    (e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
    (e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
    (f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
    (g) Immediate Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement or sealing of criminal records, this
    subsection authorizes the immediate sealing of criminal
    records of adults and of minors prosecuted as adults.
        (2) Eligible Records. Arrests or charges not initiated
    by arrest resulting in acquittal or dismissal with
    prejudice, except as excluded by subsection (a)(3)(B),
    that occur on or after January 1, 2018 (the effective date
    of Public Act 100-282), may be sealed immediately if the
    petition is filed with the circuit court clerk on the same
    day and during the same hearing in which the case is
    disposed.
        (3) When Records are Eligible to be Immediately Sealed.
    Eligible records under paragraph (2) of this subsection (g)
    may be sealed immediately after entry of the final
    disposition of a case, notwithstanding the disposition of
    other charges in the same case.
        (4) Notice of Eligibility for Immediate Sealing. Upon
    entry of a disposition for an eligible record under this
    subsection (g), the defendant shall be informed by the
    court of his or her right to have eligible records
    immediately sealed and the procedure for the immediate
    sealing of these records.
        (5) Procedure. The following procedures apply to
    immediate sealing under this subsection (g).
            (A) Filing the Petition. Upon entry of the final
        disposition of the case, the defendant's attorney may
        immediately petition the court, on behalf of the
        defendant, for immediate sealing of eligible records
        under paragraph (2) of this subsection (g) that are
        entered on or after January 1, 2018 (the effective date
        of Public Act 100-282). The immediate sealing petition
        may be filed with the circuit court clerk during the
        hearing in which the final disposition of the case is
        entered. If the defendant's attorney does not file the
        petition for immediate sealing during the hearing, the
        defendant may file a petition for sealing at any time
        as authorized under subsection (c)(3)(A).
            (B) Contents of Petition. The immediate sealing
        petition shall be verified and shall contain the
        petitioner's name, date of birth, current address, and
        for each eligible record, the case number, the date of
        arrest if applicable, the identity of the arresting
        authority if applicable, and other information as the
        court may require.
            (C) Drug Test. The petitioner shall not be required
        to attach proof that he or she has passed a drug test.
            (D) Service of Petition. A copy of the petition
        shall be served on the State's Attorney in open court.
        The petitioner shall not be required to serve a copy of
        the petition on any other agency.
            (E) Entry of Order. The presiding trial judge shall
        enter an order granting or denying the petition for
        immediate sealing during the hearing in which it is
        filed. Petitions for immediate sealing shall be ruled
        on in the same hearing in which the final disposition
        of the case is entered.
            (F) Hearings. The court shall hear the petition for
        immediate sealing on the same day and during the same
        hearing in which the disposition is rendered.
            (G) Service of Order. An order to immediately seal
        eligible records shall be served in conformance with
        subsection (d)(8).
            (H) Implementation of Order. An order to
        immediately seal records shall be implemented in
        conformance with subsections (d)(9)(C) and (d)(9)(D).
            (I) Fees. The fee imposed by the circuit court
        clerk and the Department of State Police shall comply
        with paragraph (1) of subsection (d) of this Section.
            (J) Final Order. No court order issued under this
        subsection (g) shall become final for purposes of
        appeal until 30 days after service of the order on the
        petitioner and all parties entitled to service of the
        order in conformance with subsection (d)(8).
            (K) Motion to Vacate, Modify, or Reconsider. Under
        Section 2-1203 of the Code of Civil Procedure, the
        petitioner, State's Attorney, or the Department of
        State Police may file a motion to vacate, modify, or
        reconsider the order denying the petition to
        immediately seal within 60 days of service of the
        order. If filed more than 60 days after service of the
        order, a petition to vacate, modify, or reconsider
        shall comply with subsection (c) of Section 2-1401 of
        the Code of Civil Procedure.
            (L) Effect of Order. An order granting an immediate
        sealing petition shall not be considered void because
        it fails to comply with the provisions of this Section
        or because of an error asserted in a motion to vacate,
        modify, or reconsider. The circuit court retains
        jurisdiction to determine whether the order is
        voidable, and to vacate, modify, or reconsider its
        terms based on a motion filed under subparagraph (L) of
        this subsection (g).
            (M) Compliance with Order Granting Petition to
        Seal Records. Unless a court has entered a stay of an
        order granting a petition to immediately seal, all
        parties entitled to service of the order must fully
        comply with the terms of the order within 60 days of
        service of the order.
    (h) Sealing; trafficking victims.
        (1) A trafficking victim as defined by paragraph (10)
    of subsection (a) of Section 10-9 of the Criminal Code of
    2012 shall be eligible to petition for immediate sealing of
    his or her criminal record upon the completion of his or
    her last sentence if his or her participation in the
    underlying offense was a direct result of human trafficking
    under Section 10-9 of the Criminal Code of 2012 or a severe
    form of trafficking under the federal Trafficking Victims
    Protection Act.
        (2) A petitioner under this subsection (h), in addition
    to the requirements provided under paragraph (4) of
    subsection (d) of this Section, shall include in his or her
    petition a clear and concise statement that: (A) he or she
    was a victim of human trafficking at the time of the
    offense; and (B) that his or her participation in the
    offense was a direct result of human trafficking under
    Section 10-9 of the Criminal Code of 2012 or a severe form
    of trafficking under the federal Trafficking Victims
    Protection Act.
        (3) If an objection is filed alleging that the
    petitioner is not entitled to immediate sealing under this
    subsection (h), the court shall conduct a hearing under
    paragraph (7) of subsection (d) of this Section and the
    court shall determine whether the petitioner is entitled to
    immediate sealing under this subsection (h). A petitioner
    is eligible for immediate relief under this subsection (h)
    if he or she shows, by a preponderance of the evidence,
    that: (A) he or she was a victim of human trafficking at
    the time of the offense; and (B) that his or her
    participation in the offense was a direct result of human
    trafficking under Section 10-9 of the Criminal Code of 2012
    or a severe form of trafficking under the federal
    Trafficking Victims Protection Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692,
eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18;
100-863, eff. 8-14-18; revised 8-30-18.)
 
    Section 170. The State Fire Marshal Act is amended by
changing Section 2.5 as follows:
 
    (20 ILCS 2905/2.5)
    Sec. 2.5. Equipment exchange program.
    (a) The Office shall create and maintain an equipment
exchange program under which fire departments, fire protection
districts, and township fire departments can donate or sell
equipment to, trade equipment with, or buy equipment from each
other.
    (b) Under this program, the Office, in consultation with
the Department of Innovation and Technology, shall maintain a
website that allows fire departments, fire protection
districts, and township fire departments to post information
and photographs about needed equipment and equipment that is
available for trade, donation, or sale. This website must be
separate from, and not a part of, the Office's main website;
however, the Office must post a hyperlink on its main website
that points to the website established under this subsection
(b).
    (c) The Office or a fire department, fire protection
district, or township fire department that donates, trades, or
sells fire protection equipment to another fire department,
fire protection district, or township fire department under
this Section is not liable for any damage or injury caused by
the donated, traded, or sold fire protection equipment, except
for damage or injury caused by its willful and wanton
misconduct, if it discloses in writing to the recipient at the
time of the donation, trade, or sale any known damage to or
deficiencies in the equipment.
    This Section does not relieve any fire department, fire
protection district, or township fire department from
liability, unless otherwise provided by law, for any damage or
injury caused by donated, traded, or sold fire protection
equipment that was received through the equipment exchange
program.
    (d) The Office must promote the program to encourage the
efficient exchange of equipment among local government
entities.
    (e) The Office must implement the changes to the equipment
exchange program required under Public Act 94-175 this
amendatory Act of the 94th General Assembly no later than July
1, 2006.
(Source: P.A. 100-611, eff. 7-20-18; revised 9-27-18.)
 
    Section 175. The Historic Preservation Act is amended by
changing Sections 3.1 and 4.5 and by adding Section 28 as
follows:
 
    (20 ILCS 3405/3.1)
    Sec. 3.1. Agency abolished; functions transferred.
    (a) On August 3, 2018 (the effective date of Public Act
100-695) this amendatory Act of the 100th General Assembly, the
Historic Preservation Agency, including the Board of Trustees,
is hereby abolished and all powers, duties, rights, and
responsibilities of the Historic Preservation Agency, except
those functions relating to the Abraham Lincoln Presidential
Library and Museum, shall be transferred to the Department of
Natural Resources. The powers, duties, rights, and
responsibilities related to the functions of the Historic
Preservation Agency transferred under Public Act 100-695 this
this amendatory Act of the 100th General Assembly shall be
vested in and shall be exercised by the Department of Natural
Resources. Each act done in the exercise of those powers,
duties, rights, and responsibilities shall have the same legal
effect as if done by the Historic Preservation Agency or its
divisions, officers, or employees.
    (b) The personnel and positions within the Historic
Preservation Agency shall be transferred to the Department of
Natural Resources and shall continue their service within the
Department of Natural Resources. The status and rights of those
employees under the Personnel Code shall not be affected by
Public Act 100-695 this amendatory Act of the 100th General
Assembly. The status and rights of the employees and the State
of Illinois and its agencies under the Personnel Code, the
Illinois Public Labor Relations Act, and applicable collective
bargaining agreements or under any pension, retirement, or
annuity plan, shall not be affected by Public Act 100-695 this
amendatory Act of the 100th General Assembly.
    (c) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities transferred by Public Act 100-695 this
amendatory Act of the 100th General Assembly from the Historic
Preservation Agency to the Department of Natural Resources,
including, but not limited to, material in electronic or
magnetic format and necessary computer hardware and software,
shall be transferred to the Department of Natural Resources.
    (d) With respect to the functions of the Historic
Preservation Agency transferred under Public Act 100-695 this
amendatory Act of the 100th General Assembly, the Department of
Natural Resources is the successor agency to the Historic
Preservation Agency under the Successor Agency Act and Section
9b of the State Finance Act. All unexpended appropriations and
balances and other funds available for use by the Historic
Preservation Agency shall, under the direction of the Governor,
be transferred for use by the Department of Natural Resources
in accordance with Public Act 100-695 this amendatory Act of
the 100th General Assembly. Unexpended balances so transferred
shall be expended by the Department of Natural Resources only
for the purpose for which the appropriations were originally
made.
    (e) The manner in which any official is appointed, except
that when any provision of an Executive Order or Act provides
for the membership of the Historic Preservation Agency on any
council, commission, board, or other entity, the Director of
Natural Resources or his or her designee shall serve in that
place; if more than one person is required by law to serve on
any council, commission, board, or other entity, then an
equivalent number of representatives of the Department of
Natural Resources shall so serve.
    (f) Whenever reports or notices are required to be made or
given or papers or documents furnished or served by any person
to or upon the Historic Preservation Agency in connection with
any of the powers, duties, rights, or responsibilities
transferred by Public Act 100-695 this amendatory Act of the
100th General Assembly, the same shall be made, given,
furnished, or served in the same manner to or upon the
Department of Natural Resources.
    (g) Any rules of the Historic Preservation Agency that
relate to its powers, duties, rights, and responsibilities and
are in full force on August 3, 2018 (the effective date of
Public Act 100-695) this amendatory Act of the 100th General
Assembly shall become the rules of the Department of Natural
Resources. Public Act 100-695 This amendatory Act of the 100th
General Assembly does not affect the legality of any of those
rules in the Illinois Administrative Code. Any proposed rule
filed with the Secretary of State by the Historic Preservation
Agency that is pending in the rulemaking process on August 3,
2018 (the effective date of Public Act 100-695) this amendatory
Act of the 100th General Assembly and pertain to the powers,
duties, rights, and responsibilities transferred, shall be
deemed to have been filed by the Department of Natural
Resources. As soon as practicable hereafter, the Department of
Natural Resources shall revise and clarify the rules
transferred to it under Public Act 100-695 this amendatory Act
of the 100th General Assembly to reflect the reorganization of
powers, duties, rights, and responsibilities affected by
Public Act 100-695 this amendatory Act of the 100th General
Assembly, using the procedures for recodification of rules
available under the Illinois Administrative Procedure Act,
except that existing title, part, and section numbering for the
affected rules may be retained. On and after August 3, 2018
(the effective date of Public Act 100-695) this amendatory Act
of the 100th General Assembly, the Department of Natural
Resources may propose and adopt, under the Illinois
Administrative Procedure Act, any other rules that relate to
the functions of the Historic Preservation Agency transferred
to and that will now be administered by the Department of
Natural Resources.
    (h) The transfer of powers, duties, rights, and
responsibilities to the Department of Natural Resources under
Public Act 100-695 this amendatory Act of the 100th General
Assembly does not affect any person's rights, obligations, or
duties, including any civil or criminal penalties applicable,
arising out of those transferred powers, duties, rights, and
responsibilities.
    (i) Public Act 100-695 This amendatory Act of the 100th
General Assembly does not affect any act done, ratified, or
canceled, or any right occurring or established, or any action
or proceeding had or commenced in an administrative, civil, or
criminal cause by the Historic Preservation Agency before
August 3, 2018 (the effective date of Public Act 100-695) this
amendatory Act of the 100th General Assembly; those actions or
proceedings may be defended, prosecuted, or continued by the
Department of Natural Resources.
    (j) Public Act 100-695 This amendatory Act of the 100th
General Assembly does not contravene, and shall not be
construed to contravene, any State statute except as provided
in this Section or federal law.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-2-18.)
 
    (20 ILCS 3405/4.5)
    Sec. 4.5. Division of Historic Preservation. On and after
August 3, 2018 (the effective date of Public Act 100-695) this
amendatory Act of the 100th General Assembly, the Division of
Historic Preservation of the Department of Natural Resources
Office of Land Management shall exercise all rights, powers,
and duties vested in the Historic Sites and Preservation
Division. The head of the Division shall be known as the
Division Manager of Historic Preservation. The Department of
Natural Resources may employ or retain other persons to assist
in the discharge of its functions under this Act, subject to
the Personnel Code and any other applicable Department
policies.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-2-18.)
 
    (20 ILCS 3405/28 new)
    Sec. 28. Illinois Historic Sites Fund. All monies received
for historic preservation programs administered by the
Department, including grants, direct and indirect cost
reimbursements, income from marketing activities, gifts,
donations and bequests, from private organizations,
individuals, other State agencies or federal agencies, monies
received from publications, and copying and certification fees
related to such programs, and all income from fees generated
from admissions, special events, parking, camping, concession
and property rental, shall be deposited into a special fund in
the State treasury, to be known as the Illinois Historic Sites
Fund, which is hereby created. Subject to appropriation, the
monies in such fund shall be used by the Department for
historic preservation purposes only.
    The Illinois Historic Sites Fund is not subject to
administrative charges or charge-backs, including but not
limited to those authorized under Section 8h of the State
Finance Act.
 
    Section 180. The Illinois Historic Preservation Act is
amended by changing Section 1 as follows:
 
    (20 ILCS 3410/1)  (from Ch. 127, par. 133d1)
    Sec. 1. This Act shall be known as the "Illinois Historic
Sites Advisory Council Preservation Act".
(Source: P.A. 79-1383.)
 
    (20 ILCS 3410/15 rep.)
    Section 185. The Illinois Historic Preservation Act is
amended by repealing Section 15.
 
    Section 195. The Illinois Finance Authority Act is amended
by changing Sections 805-15, 830-30, 830-35, 830-55, and 845-75
as follows:
 
    (20 ILCS 3501/805-15)
    Sec. 805-15. Industrial Project Insurance Fund. There is
created the Industrial Project Insurance Fund, hereafter
referred to in Sections 805-15 through 805-50 of this Act as
the "Fund". The Treasurer shall have custody of the Fund, which
shall be held outside of the State treasury, except that
custody may be transferred to and held by any bank, trust
company or other fiduciary with whom the Authority executes a
trust agreement as authorized by paragraph (h) of Section
805-20 of this Act. Any portion of the Fund against which a
charge has been made, shall be held for the benefit of the
holders of the loans or bonds insured under Section 805-20 of
this Act or the holders of State Guarantees under Article 830
of this Act. There shall be deposited in the Fund such amounts,
including but not limited to:
        (a) All receipts of bond and loan insurance premiums;
        (b) All proceeds of assets of whatever nature received
    by the Authority as a result of default or delinquency with
    respect to insured loans or bonds or State Guarantees with
    respect to which payments from the Fund have been made,
    including proceeds from the sale, disposal, lease or rental
    of real or personal property which the Authority may
    receive under the provisions of this Article but excluding
    the proceeds of insurance hereunder;
        (c) All receipts from any applicable contract or
    agreement entered into by the Authority under paragraph (b)
    of Section 805-20 of this Act;
        (d) Any State appropriations, transfers of
    appropriations, or transfers of general obligation bond
    proceeds or other monies made available to the Fund.
    Amounts in the Fund shall be used in accordance with the
    provisions of this Article to satisfy any valid insurance
    claim payable therefrom and may be used for any other
    purpose determined by the Authority in accordance with
    insurance contract or contracts with financial
    institutions entered into pursuant to this Act, including
    without limitation protecting the interest of the
    Authority in industrial projects during periods of loan
    delinquency or upon loan default through the purchase of
    industrial projects in foreclosure proceedings or in lieu
    of foreclosure or through any other means. Such amounts may
    also be used to pay administrative costs and expenses
    reasonably allocable to the activities in connection with
    the Fund and to pay taxes, maintenance, insurance, security
    and any other costs and expenses of bidding for, acquiring,
    owning, carrying and disposing of industrial projects or
    PACE Projects, which were financed with the proceeds of
    loans or insured bonds, including loans or loan
    participations made under subsection subsections (i) or
    (r) of Section 801-40. In the case of a default in payment
    with respect to any loan, mortgage or other agreement so
    insured or otherwise representing possible loss to the
    Authority, the amount of the default shall immediately, and
    at all times during the continuance of such default, and to
    the extent provided in any applicable agreement,
    constitute a charge on the Fund. Any amounts in the Fund
    not currently needed to meet the obligations of the Fund
    may be invested as provided by law in obligations
    designated by the Authority, or used to make direct loans
    or purchase loan participations under subsection
    subsections (i) or (r) of Section 801-40. All income from
    such investments shall become part of the Fund. All income
    from direct loans or loan participations made under
    subsection subsections (i) or (r) of Section 801-40 shall
    become funds of the Authority. In making such investments,
    the Authority shall act with the care, skill, diligence and
    prudence under the circumstances of a prudent person acting
    in a like capacity in the conduct of an enterprise of like
    character and with like aims. It shall diversify such
    investments of the Authority so as to minimize the risk of
    large losses, unless under the circumstances it is clearly
    not prudent to do so. Amounts in the Fund may also be used
    to satisfy State Guarantees under Article 830 of this Act.
(Source: P.A. 100-919, eff. 8-17-18; revised 10-11-18.)
 
    (20 ILCS 3501/830-30)
    Sec. 830-30. State Guarantees for existing debt.
    (a) The Authority is authorized to issue State Guarantees
for farmers' existing debts held by a lender. For the purposes
of this Section, a farmer shall be a resident of Illinois, who
is a principal operator of a farm or land, at least 50% of
whose annual gross income is derived from farming and whose
debt to asset ratio shall not be less than 40%, except in those
cases where the applicant has previously used the guarantee
program there shall be no debt to asset ratio or income
restriction. For the purposes of this Section, debt to asset
ratio shall mean the current outstanding liabilities of the
farmer divided by the current outstanding assets of the farmer.
The Authority shall establish the maximum permissible debt to
asset ratio based on criteria established by the Authority.
Lenders shall apply for the State Guarantees on forms provided
by the Authority and certify that the application and any other
documents submitted are true and correct. The lender or
borrower, or both in combination, shall pay an administrative
fee as determined by the Authority. The applicant shall be
responsible for paying any fees or charges involved in
recording mortgages, releases, financing statements, insurance
for secondary market issues and any other similar fees or
charges as the Authority may require. The application shall at
a minimum contain the farmer's name, address, present credit
and financial information, including cash flow statements,
financial statements, balance sheets, and any other
information pertinent to the application, and the collateral to
be used to secure the State Guarantee. In addition, the lender
must agree to bring the farmer's debt to a current status at
the time the State Guarantee is provided and must also agree to
charge a fixed or adjustable interest rate which the Authority
determines to be below the market rate of interest generally
available to the borrower. If both the lender and applicant
agree, the interest rate on the State Guarantee Loan can be
converted to a fixed interest rate at any time during the term
of the loan. Any State Guarantees provided under this Section
(i) shall not exceed $500,000 per farmer, (ii) shall be set up
on a payment schedule not to exceed 30 years, and shall be no
longer than 30 years in duration, and (iii) shall be subject to
an annual review and renewal by the lender and the Authority;
provided that only one such State Guarantee shall be
outstanding per farmer at any one time. No State Guarantee
shall be revoked by the Authority without a 90-day notice, in
writing, to all parties. In those cases where the borrower has
not previously used the guarantee program, the lender shall not
call due any loan during the first 3 years for any reason
except for lack of performance or insufficient collateral. The
lender can review and withdraw or continue with the State
Guarantee on an annual basis after the first 3 years of the
loan, provided a 90-day notice, in writing, to all parties has
been given.
    (b) The Authority shall provide or renew a State Guarantee
to a lender if:
        (i) A fee equal to 25 basis points on the loan is paid
    to the Authority on an annual basis by the lender.
        (ii) The application provides collateral acceptable to
    the Authority that is at least equal to the State's portion
    of the Guarantee to be provided.
        (iii) The lender assumes all responsibility and costs
    for pursuing legal action on collecting any loan that is
    delinquent or in default.
        (iv) The lender is responsible for the first 15% of the
    outstanding principal of the note for which the State
    Guarantee has been applied.
    (c) There is hereby created outside of the State treasury a
special fund to be known as the Illinois Agricultural Loan
Guarantee Fund. The State Treasurer shall be custodian of this
Fund. Any amounts in the Illinois Agricultural Loan Guarantee
Fund not currently needed to meet the obligations of the Fund
shall be invested as provided by law or used by the Authority
to make direct loans or originate or purchase loan
participations under subsection subsections (i) or (r) of
Section 801-40. All interest earned from these investments
shall be deposited into the Fund until the Fund reaches the
maximum amount authorized in this Act; thereafter, interest
earned shall be deposited into the General Revenue Fund. After
September 1, 1989, annual investment earnings equal to 1.5% of
the Fund shall remain in the Fund to be used for the purposes
established in Section 830-40 of this Act. All earnings on
direct loans or loan participations made by the Authority under
subsection subsections (i) or (r) of Section 801-40 with
amounts in this Fund shall become funds of the Authority. The
Authority is authorized to transfer to the Fund such amounts as
are necessary to satisfy claims during the duration of the
State Guarantee program to secure State Guarantees issued under
this Section, provided that amounts to be paid from the
Industrial Project Insurance Fund created under Article 805 of
this Act may be paid by the Authority directly to satisfy
claims and need not be deposited first into the Illinois
Agricultural Loan Guarantee Fund. If for any reason the General
Assembly fails to make an appropriation sufficient to meet
these obligations, this Act shall constitute an irrevocable and
continuing appropriation of an amount necessary to secure
guarantees as defaults occur and the irrevocable and continuing
authority for, and direction to, the State Treasurer and the
Comptroller to make the necessary transfers to the Illinois
Agricultural Loan Guarantee Fund, as directed by the Governor,
out of the General Revenue Fund. Within 30 days after November
15, 1985, the Authority may transfer up to $7,000,000 from
available appropriations into the Illinois Agricultural Loan
Guarantee Fund for the purposes of this Act. Thereafter, the
Authority may transfer additional amounts into the Illinois
Agricultural Loan Guarantee Fund to secure guarantees for
defaults as defaults occur. In the event of default by the
farmer, the lender shall be entitled to, and the Authority
shall direct payment on, the State Guarantee after 90 days of
delinquency. All payments by the Authority to satisfy claims
against the State Guarantee shall be made, in whole or in part,
from any of the following funds in such order and in such
amounts as the Authority shall determine: (1) the Industrial
Project Insurance Fund created under Article 805 of this Act
(if the Authority exercises its discretion under subsection (j)
of Section 805-20); (2) the Illinois Agricultural Loan
Guarantee Fund; or (3) the Illinois Farmer and Agribusiness
Loan Guarantee Fund. The Illinois Agricultural Loan Guarantee
Fund shall guarantee receipt of payment of the 85% of the
principal and interest owed on the State Guarantee Loan by the
farmer to the guarantee holder, provided that payments by the
Authority to satisfy claims against the State Guarantee shall
be made in accordance with the preceding sentence. It shall be
the responsibility of the lender to proceed with the collecting
and disposing of collateral on the State Guarantee under this
Section, Section 830-35, Section 830-45, Section 830-50,
Section 830-55, or Article 835 within 14 months of the time the
State Guarantee is declared delinquent; provided, however,
that the lender shall not collect or dispose of collateral on
the State Guarantee without the express written prior approval
of the Authority. If the lender does not dispose of the
collateral within 14 months, the lender shall be liable to
repay to the State interest on the State Guarantee equal to the
same rate which the lender charges on the State Guarantee;
provided, however, that the Authority may extend the 14-month
period for a lender in the case of bankruptcy or extenuating
circumstances. The Fund from which a payment is made shall be
reimbursed for any amounts paid from that Fund under this
Section, Section 830-35, Section 830-45, Section 830-50,
Section 830-55, or Article 835 upon liquidation of the
collateral. The Authority, by resolution of the Board, may
borrow sums from the Fund and provide for repayment as soon as
may be practical upon receipt of payments of principal and
interest by a farmer. Money may be borrowed from the Fund by
the Authority for the sole purpose of paying certain interest
costs for farmers associated with selling a loan subject to a
State Guarantee in a secondary market as may be deemed
reasonable and necessary by the Authority.
    (d) Notwithstanding the provisions of this Section 830-30
with respect to the farmers and lenders who may obtain State
Guarantees, the Authority may promulgate rules establishing
the eligibility of farmers and lenders to participate in the
State guarantee program and the terms, standards, and
procedures that will apply, when the Authority finds that
emergency conditions in Illinois agriculture have created the
need for State Guarantees pursuant to terms, standards, and
procedures other than those specified in this Section.
(Source: P.A. 99-509, eff. 6-24-16; 100-919, eff. 8-17-18;
revised 10-11-18.)
 
    (20 ILCS 3501/830-35)
    Sec. 830-35. State Guarantees for loans to farmers and
agribusiness; eligibility.
    (a) The Authority is authorized to issue State Guarantees
to lenders for loans to eligible farmers and agribusinesses for
purposes set forth in this Section. For purposes of this
Section, an eligible farmer shall be a resident of Illinois (i)
who is principal operator of a farm or land, at least 50% of
whose annual gross income is derived from farming, (ii) whose
annual total sales of agricultural products, commodities, or
livestock exceeds $20,000, and (iii) whose net worth does not
exceed $500,000. An eligible agribusiness shall be that as
defined in Section 801-10 of this Act. The Authority may
approve applications by farmers and agribusinesses that
promote diversification of the farm economy of this State
through the growth and development of new crops or livestock
not customarily grown or produced in this State or that
emphasize a vertical integration of grain or livestock produced
or raised in this State into a finished agricultural product
for consumption or use. "New crops or livestock not customarily
grown or produced in this State" shall not include corn,
soybeans, wheat, swine, or beef or dairy cattle. "Vertical
integration of grain or livestock produced or raised in this
State" shall include any new or existing grain or livestock
grown or produced in this State. Lenders shall apply for the
State Guarantees on forms provided by the Authority, certify
that the application and any other documents submitted are true
and correct, and pay an administrative fee as determined by the
Authority. The applicant shall be responsible for paying any
fees or charges involved in recording mortgages, releases,
financing statements, insurance for secondary market issues
and any other similar fees or charges as the Authority may
require. The application shall at a minimum contain the
farmer's or agribusiness' name, address, present credit and
financial information, including cash flow statements,
financial statements, balance sheets, and any other
information pertinent to the application, and the collateral to
be used to secure the State Guarantee. In addition, the lender
must agree to charge an interest rate, which may vary, on the
loan that the Authority determines to be below the market rate
of interest generally available to the borrower. If both the
lender and applicant agree, the interest rate on the State
Guarantee Loan can be converted to a fixed interest rate at any
time during the term of the loan. Any State Guarantees provided
under this Section (i) shall not exceed $500,000 per farmer or
an amount as determined by the Authority on a case-by-case
basis for an agribusiness, (ii) shall not exceed a term of 15
years, and (iii) shall be subject to an annual review and
renewal by the lender and the Authority; provided that only one
such State Guarantee shall be made per farmer or agribusiness,
except that additional State Guarantees may be made for
purposes of expansion of projects financed in part by a
previously issued State Guarantee. No State Guarantee shall be
revoked by the Authority without a 90-day notice, in writing,
to all parties. The lender shall not call due any loan for any
reason except for lack of performance, insufficient
collateral, or maturity. A lender may review and withdraw or
continue with a State Guarantee on an annual basis after the
first 5 years following closing of the loan application if the
loan contract provides for an interest rate that shall not
vary. A lender shall not withdraw a State Guarantee if the loan
contract provides for an interest rate that may vary, except
for reasons set forth herein.
    (b) The Authority shall provide or renew a State Guarantee
to a lender if:
        (i) A fee equal to 25 basis points on the loan is paid
    to the Authority on an annual basis by the lender.
        (ii) The application provides collateral acceptable to
    the Authority that is at least equal to the State's portion
    of the Guarantee to be provided.
        (iii) The lender assumes all responsibility and costs
    for pursuing legal action on collecting any loan that is
    delinquent or in default.
        (iv) The lender is responsible for the first 15% of the
    outstanding principal of the note for which the State
    Guarantee has been applied.
    (c) There is hereby created outside of the State treasury a
special fund to be known as the Illinois Farmer and
Agribusiness Loan Guarantee Fund. The State Treasurer shall be
custodian of this Fund. Any amounts in the Fund not currently
needed to meet the obligations of the Fund shall be invested as
provided by law, or used by the Authority to make direct loans
or originate or purchase loan participations under subsection
subsections (i) or (r) of Section 801-40. All interest earned
from these investments shall be deposited into the Fund until
the Fund reaches the maximum amounts authorized in this Act;
thereafter, interest earned shall be deposited into the General
Revenue Fund. After September 1, 1989, annual investment
earnings equal to 1.5% of the Fund shall remain in the Fund to
be used for the purposes established in Section 830-40 of this
Act. All earnings on direct loans or loan participations made
by the Authority under subsection subsections (i) or (r) of
Section 801-40 with amounts in this Fund shall become funds of
the Authority. The Authority is authorized to transfer such
amounts as are necessary to satisfy claims from available
appropriations and from fund balances of the Farm Emergency
Assistance Fund as of June 30 of each year to the Illinois
Farmer and Agribusiness Loan Guarantee Fund to secure State
Guarantees issued under this Section, Sections 830-30, 830-45,
830-50, and 830-55, and Article 835 of this Act. Amounts to be
paid from the Industrial Project Insurance Fund created under
Article 805 of this Act may be paid by the Authority directly
to satisfy claims and need not be deposited first into the
Illinois Farmer and Agribusiness Loan Guarantee Fund. If for
any reason the General Assembly fails to make an appropriation
sufficient to meet these obligations, this Act shall constitute
an irrevocable and continuing appropriation of an amount
necessary to secure guarantees as defaults occur and the
irrevocable and continuing authority for, and direction to, the
State Treasurer and the Comptroller to make the necessary
transfers to the Illinois Farmer and Agribusiness Loan
Guarantee Fund, as directed by the Governor, out of the General
Revenue Fund. In the event of default by the borrower on State
Guarantee Loans under this Section, Section 830-45, Section
830-50, or Section 830-55, the lender shall be entitled to, and
the Authority shall direct payment on, the State Guarantee
after 90 days of delinquency. All payments by the Authority to
satisfy claims against the State Guarantee shall be made, in
whole or in part, from any of the following funds in such order
and in such amounts as the Authority shall determine: (1) the
Industrial Project Insurance Fund created under Article 805 of
this Act (if the Authority exercises its discretion under
subsection (j) of Section 805-20); (2) the Illinois Farmer and
Agribusiness Loan Guarantee Fund; or (3) the Illinois Farmer
and Agribusiness Loan Guarantee Fund. It shall be the
responsibility of the lender to proceed with the collecting and
disposing of collateral on the State Guarantee under this
Section, Section 830-45, Section 830-50, or Section 830-55
within 14 months of the time the State Guarantee is declared
delinquent. If the lender does not dispose of the collateral
within 14 months, the lender shall be liable to repay to the
State interest on the State Guarantee equal to the same rate
that the lender charges on the State Guarantee, provided that
the Authority shall have the authority to extend the 14-month
period for a lender in the case of bankruptcy or extenuating
circumstances. The Fund shall be reimbursed for any amounts
paid under this Section, Section 830-30, Section 830-45,
Section 830-50, Section 830-55, or Article 835 upon liquidation
of the collateral. The Authority, by resolution of the Board,
may borrow sums from the Fund and provide for repayment as soon
as may be practical upon receipt of payments of principal and
interest by a borrower on State Guarantee Loans under this
Section, Section 830-30, Section 830-45, Section 830-50,
Section 830-55, or Article 835. Money may be borrowed from the
Fund by the Authority for the sole purpose of paying certain
interest costs for borrowers associated with selling a loan
subject to a State Guarantee under this Section, Section
830-30, Section 830-45, Section 830-50, Section 830-55, or
Article 835 in a secondary market as may be deemed reasonable
and necessary by the Authority.
    (d) Notwithstanding the provisions of this Section 830-35
with respect to the farmers, agribusinesses, and lenders who
may obtain State Guarantees, the Authority may promulgate rules
establishing the eligibility of farmers, agribusinesses, and
lenders to participate in the State Guarantee program and the
terms, standards, and procedures that will apply, when the
Authority finds that emergency conditions in Illinois
agriculture have created the need for State Guarantees pursuant
to terms, standards, and procedures other than those specified
in this Section.
(Source: P.A. 99-509, eff. 6-24-16; 100-919, eff. 8-17-18;
revised 10-11-18.)
 
    (20 ILCS 3501/830-55)
    Sec. 830-55. Working Capital Loan Guarantee Program.
    (a) The Authority is authorized to issue State Guarantees
to lenders for loans to finance needed input costs related to
and in connection with planting and raising agricultural crops
and commodities in Illinois. Eligible input costs include, but
are not limited to, fertilizer, chemicals, feed, seed, fuel,
parts, and repairs. At the discretion of the Authority, the
farmer, producer, or agribusiness must be able to provide the
originating lender with a first lien on the proposed crop or
commodity to be raised and an assignment of Federal Crop
Insurance sufficient to secure the Working Capital Loan.
Additional collateral may be required as deemed necessary by
the lender and the Authority.
    For the purposes of this Section, an eligible farmer,
producer, or agribusiness is a resident of Illinois who is at
least 18 years of age and who is a principal operator of a farm
or land, who derives at least 50% of annual gross income from
farming, and whose debt to asset ratio is not less than 40%.
For the purposes of this Section, debt to asset ratio means
current outstanding liabilities, including any debt to be
financed or refinanced under this Section 830-55, divided by
current outstanding assets. The Authority shall establish the
maximum permissible debt to asset ratio based on criteria
established by the Authority. Lenders shall apply for the State
Guarantees on forms provided by the Authority and certify that
the application and any other documents submitted are true and
correct. The lender or borrower, or both in combination, shall
pay an administrative fee as determined by the Authority. The
applicant shall be responsible for paying any fee or charge
involved in recording mortgages, releases, financing
statements, insurance for secondary market issues, and any
other similar fee or charge that the Authority may require. The
application shall at a minimum contain the borrower's name,
address, present credit and financial information, including
cash flow statements, financial statements, balance sheets,
and any other information pertinent to the application, and the
collateral to be used to secure the State Guarantee. In
addition, the borrower must certify to the Authority that, at
the time the State Guarantee is provided, the borrower will not
be delinquent in the repayment of any debt. The lender must
agree to charge a fixed or adjustable interest rate that the
Authority determines to be below the market rate of interest
generally available to the borrower. If both the lender and
applicant agree, the interest rate on the State guaranteed loan
can be converted to a fixed interest rate at any time during
the term of the loan. State Guarantees provided under this
Section (i) shall not exceed $250,000 per borrower, (ii) shall
be repaid annually, and (iii) shall be subject to an annual
review and renewal by the lender and the Authority. The State
Guarantee may be renewed annually, for a period not to exceed 3
total years per State Guarantee, if the borrower meets
financial criteria and other conditions, as established by the
Authority. A farmer or agribusiness may use this program more
than once provided the aggregate principal amount of State
Guarantees under this Section to that farmer or agribusiness
does not exceed $250,000 annually. No State Guarantee shall be
revoked by the Authority without a 90-day notice, in writing,
to all parties.
    (b) The Authority shall provide a State Guarantee to a
lender if:
        (i) The borrower pays to the Authority a fee equal to
    100 basis points on the loan.
        (ii) The application provides collateral acceptable to
    the Authority that is at least equal to the State
    Guarantee.
        (iii) The lender assumes all responsibility and costs
    for pursuing legal action on collecting any loan that is
    delinquent or in default.
        (iv) The lender is at risk for the first 15% of the
    outstanding principal of the note for which the State
    Guarantee is provided.
    (c) The Illinois Agricultural Loan Guarantee Fund, the
Illinois Farmer and Agribusiness Loan Guarantee Fund, and the
Industrial Project Insurance Fund may be used to secure State
Guarantees issued under this Section as provided in Section
830-30, Section 830-35, and subsection (j) of Section 805-20,
respectively, or to make direct loans or purchase loan
participations under subsection subsections (i) or (r) of
Section 801-40. If the Authority exercises its discretion under
subsection (j) of Section 805-20 to secure a State Guarantee
with the Industrial Project Insurance Fund and also exercises
its discretion under this subsection to secure the same State
Guarantee with the Illinois Agricultural Loan Guarantee Fund,
the Illinois Farmer and Agribusiness Loan Guarantee Fund, or
both, all payments by the Authority to satisfy claims against
the State Guarantee shall be made from the Industrial Project
Insurance Fund, the Illinois Agricultural Loan Guarantee Fund,
or the Illinois Farmer and Agribusiness Loan Guarantee Fund, as
applicable, in such order and in such amounts as the Authority
shall determine.
    (d) Notwithstanding the provisions of this Section 830-55
with respect to the borrowers and lenders who may obtain State
Guarantees, the Authority may promulgate rules establishing
the eligibility of borrowers and lenders to participate in the
State Guarantee program and the terms, standards, and
procedures that will apply, when the Authority finds that
emergency conditions in Illinois agriculture have created the
need for State Guarantees pursuant to terms, standards, and
procedures other than those specified in this Section.
(Source: P.A. 99-509, eff. 6-24-16; 100-919, eff. 8-17-18;
revised 10-11-18.)
 
    (20 ILCS 3501/845-75)
    Sec. 845-75. Transfer of functions from previously
existing authorities to the Illinois Finance Authority.
    (a) The Illinois Finance Authority created by the Illinois
Finance Authority Act shall succeed to, assume and exercise all
rights, powers, duties and responsibilities formerly exercised
by the following Authorities and entities (herein called the
"Predecessor Authorities") prior to the abolition of the
Predecessor Authorities by this Act:
        The Illinois Development Finance Authority
        The Illinois Farm Development Authority
        The Illinois Health Facilities Authority
        The Illinois Educational Facilities Authority
        The Illinois Community Development Finance Corporation
        The Illinois Rural Bond Bank
        The Illinois Research Park Authority
    (b) All books, records, papers, documents and pending
business in any way pertaining to the Predecessor Authorities
are transferred to the Illinois Finance Authority, but any
rights or obligations of any person under any contract made by,
or under any rules, regulations, uniform standards, criteria
and guidelines established or approved by, such Predecessor
Authorities shall be unaffected thereby. All bonds, notes or
other evidences of indebtedness outstanding on the effective
date of this Act shall be unaffected by the transfer of
functions to the Illinois Finance Authority. No rule,
regulation, standard, criteria or guideline promulgated,
established or approved by the Predecessor Authorities
pursuant to an exercise of any right, power, duty or
responsibility assumed by and transferred to the Illinois
Finance Authority shall be affected by this Act, and all such
rules, regulations, standards, criteria and guidelines shall
become those of the Illinois Finance Authority until such time
as they are amended or repealed by the Illinois Finance
Authority.
    (c) The Illinois Finance Authority may exercise all of the
rights, powers, duties, and responsibilities that were
provided for the Illinois Research Park Authority under the
provisions of the Illinois Research Park Authority Act, as the
text of that Act existed on December 31, 2003, notwithstanding
the fact that Public Act 88-669, which created the Illinois
Research Park Authority Act, has been held to be
unconstitutional as a violation of the single subject clause of
the Illinois Constitution in People v. Olender, Docket No.
98932, opinion filed December 15, 2005.
    (d) The enactment of Public Act 100-919 this amendatory Act
of the 100th General Assembly shall not affect any right
accrued or liability incurred prior to its enactment, including
the validity or enforceability of any prior action taken by the
Illinois Finance Authority with respect to loans made, or loan
participations purchased, by the Authority under subsection
subsections (i) or (r) of Section 801-40.
(Source: P.A. 100-919, eff. 8-17-18; revised 10-11-18.)
 
    Section 200. The Illinois Power Agency Act is amended by
changing Section 1-75 as follows:
 
    (20 ILCS 3855/1-75)
    Sec. 1-75. Planning and Procurement Bureau. The Planning
and Procurement Bureau has the following duties and
responsibilities:
    (a) The Planning and Procurement Bureau shall each year,
beginning in 2008, develop procurement plans and conduct
competitive procurement processes in accordance with the
requirements of Section 16-111.5 of the Public Utilities Act
for the eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in Illinois. Beginning with the delivery year
commencing on June 1, 2017, the Planning and Procurement Bureau
shall develop plans and processes for the procurement of zero
emission credits from zero emission facilities in accordance
with the requirements of subsection (d-5) of this Section. The
Planning and Procurement Bureau shall also develop procurement
plans and conduct competitive procurement processes in
accordance with the requirements of Section 16-111.5 of the
Public Utilities Act for the eligible retail customers of small
multi-jurisdictional electric utilities that (i) on December
31, 2005 served less than 100,000 customers in Illinois and
(ii) request a procurement plan for their Illinois
jurisdictional load. This Section shall not apply to a small
multi-jurisdictional utility until such time as a small
multi-jurisdictional utility requests the Agency to prepare a
procurement plan for their Illinois jurisdictional load. For
the purposes of this Section, the term "eligible retail
customers" has the same definition as found in Section
16-111.5(a) of the Public Utilities Act.
    Beginning with the plan or plans to be implemented in the
2017 delivery year, the Agency shall no longer include the
procurement of renewable energy resources in the annual
procurement plans required by this subsection (a), except as
provided in subsection (q) of Section 16-111.5 of the Public
Utilities Act, and shall instead develop a long-term renewable
resources procurement plan in accordance with subsection (c) of
this Section and Section 16-111.5 of the Public Utilities Act.
        (1) The Agency shall each year, beginning in 2008, as
    needed, issue a request for qualifications for experts or
    expert consulting firms to develop the procurement plans in
    accordance with Section 16-111.5 of the Public Utilities
    Act. In order to qualify an expert or expert consulting
    firm must have:
            (A) direct previous experience assembling
        large-scale power supply plans or portfolios for
        end-use customers;
            (B) an advanced degree in economics, mathematics,
        engineering, risk management, or a related area of
        study;
            (C) 10 years of experience in the electricity
        sector, including managing supply risk;
            (D) expertise in wholesale electricity market
        rules, including those established by the Federal
        Energy Regulatory Commission and regional transmission
        organizations;
            (E) expertise in credit protocols and familiarity
        with contract protocols;
            (F) adequate resources to perform and fulfill the
        required functions and responsibilities; and
            (G) the absence of a conflict of interest and
        inappropriate bias for or against potential bidders or
        the affected electric utilities.
        (2) The Agency shall each year, as needed, issue a
    request for qualifications for a procurement administrator
    to conduct the competitive procurement processes in
    accordance with Section 16-111.5 of the Public Utilities
    Act. In order to qualify an expert or expert consulting
    firm must have:
            (A) direct previous experience administering a
        large-scale competitive procurement process;
            (B) an advanced degree in economics, mathematics,
        engineering, or a related area of study;
            (C) 10 years of experience in the electricity
        sector, including risk management experience;
            (D) expertise in wholesale electricity market
        rules, including those established by the Federal
        Energy Regulatory Commission and regional transmission
        organizations;
            (E) expertise in credit and contract protocols;
            (F) adequate resources to perform and fulfill the
        required functions and responsibilities; and
            (G) the absence of a conflict of interest and
        inappropriate bias for or against potential bidders or
        the affected electric utilities.
        (3) The Agency shall provide affected utilities and
    other interested parties with the lists of qualified
    experts or expert consulting firms identified through the
    request for qualifications processes that are under
    consideration to develop the procurement plans and to serve
    as the procurement administrator. The Agency shall also
    provide each qualified expert's or expert consulting
    firm's response to the request for qualifications. All
    information provided under this subparagraph shall also be
    provided to the Commission. The Agency may provide by rule
    for fees associated with supplying the information to
    utilities and other interested parties. These parties
    shall, within 5 business days, notify the Agency in writing
    if they object to any experts or expert consulting firms on
    the lists. Objections shall be based on:
            (A) failure to satisfy qualification criteria;
            (B) identification of a conflict of interest; or
            (C) evidence of inappropriate bias for or against
        potential bidders or the affected utilities.
        The Agency shall remove experts or expert consulting
    firms from the lists within 10 days if there is a
    reasonable basis for an objection and provide the updated
    lists to the affected utilities and other interested
    parties. If the Agency fails to remove an expert or expert
    consulting firm from a list, an objecting party may seek
    review by the Commission within 5 days thereafter by filing
    a petition, and the Commission shall render a ruling on the
    petition within 10 days. There is no right of appeal of the
    Commission's ruling.
        (4) The Agency shall issue requests for proposals to
    the qualified experts or expert consulting firms to develop
    a procurement plan for the affected utilities and to serve
    as procurement administrator.
        (5) The Agency shall select an expert or expert
    consulting firm to develop procurement plans based on the
    proposals submitted and shall award contracts of up to 5
    years to those selected.
        (6) The Agency shall select an expert or expert
    consulting firm, with approval of the Commission, to serve
    as procurement administrator based on the proposals
    submitted. If the Commission rejects, within 5 days, the
    Agency's selection, the Agency shall submit another
    recommendation within 3 days based on the proposals
    submitted. The Agency shall award a 5-year contract to the
    expert or expert consulting firm so selected with
    Commission approval.
    (b) The experts or expert consulting firms retained by the
Agency shall, as appropriate, prepare procurement plans, and
conduct a competitive procurement process as prescribed in
Section 16-111.5 of the Public Utilities Act, to ensure
adequate, reliable, affordable, efficient, and environmentally
sustainable electric service at the lowest total cost over
time, taking into account any benefits of price stability, for
eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in the State of Illinois, and for eligible Illinois
retail customers of small multi-jurisdictional electric
utilities that (i) on December 31, 2005 served less than
100,000 customers in Illinois and (ii) request a procurement
plan for their Illinois jurisdictional load.
    (c) Renewable portfolio standard.
        (1)(A) The Agency shall develop a long-term renewable
    resources procurement plan that shall include procurement
    programs and competitive procurement events necessary to
    meet the goals set forth in this subsection (c). The
    initial long-term renewable resources procurement plan
    shall be released for comment no later than 160 days after
    June 1, 2017 (the effective date of Public Act 99-906). The
    Agency shall review, and may revise on an expedited basis,
    the long-term renewable resources procurement plan at
    least every 2 years, which shall be conducted in
    conjunction with the procurement plan under Section
    16-111.5 of the Public Utilities Act to the extent
    practicable to minimize administrative expense. The
    long-term renewable resources procurement plans shall be
    subject to review and approval by the Commission under
    Section 16-111.5 of the Public Utilities Act.
        (B) Subject to subparagraph (F) of this paragraph (1),
    the long-term renewable resources procurement plan shall
    include the goals for procurement of renewable energy
    credits to meet at least the following overall percentages:
    13% by the 2017 delivery year; increasing by at least 1.5%
    each delivery year thereafter to at least 25% by the 2025
    delivery year; and continuing at no less than 25% for each
    delivery year thereafter. In the event of a conflict
    between these goals and the new wind and new photovoltaic
    procurement requirements described in items (i) through
    (iii) of subparagraph (C) of this paragraph (1), the
    long-term plan shall prioritize compliance with the new
    wind and new photovoltaic procurement requirements
    described in items (i) through (iii) of subparagraph (C) of
    this paragraph (1) over the annual percentage targets
    described in this subparagraph (B).
        For the delivery year beginning June 1, 2017, the
    procurement plan shall include cost-effective renewable
    energy resources equal to at least 13% of each utility's
    load for eligible retail customers and 13% of the
    applicable portion of each utility's load for retail
    customers who are not eligible retail customers, which
    applicable portion shall equal 50% of the utility's load
    for retail customers who are not eligible retail customers
    on February 28, 2017.
        For the delivery year beginning June 1, 2018, the
    procurement plan shall include cost-effective renewable
    energy resources equal to at least 14.5% of each utility's
    load for eligible retail customers and 14.5% of the
    applicable portion of each utility's load for retail
    customers who are not eligible retail customers, which
    applicable portion shall equal 75% of the utility's load
    for retail customers who are not eligible retail customers
    on February 28, 2017.
        For the delivery year beginning June 1, 2019, and for
    each year thereafter, the procurement plans shall include
    cost-effective renewable energy resources equal to a
    minimum percentage of each utility's load for all retail
    customers as follows: 16% by June 1, 2019; increasing by
    1.5% each year thereafter to 25% by June 1, 2025; and 25%
    by June 1, 2026 and each year thereafter.
        For each delivery year, the Agency shall first
    recognize each utility's obligations for that delivery
    year under existing contracts. Any renewable energy
    credits under existing contracts, including renewable
    energy credits as part of renewable energy resources, shall
    be used to meet the goals set forth in this subsection (c)
    for the delivery year.
        (C) Of the renewable energy credits procured under this
    subsection (c), at least 75% shall come from wind and
    photovoltaic projects. The long-term renewable resources
    procurement plan described in subparagraph (A) of this
    paragraph (1) shall include the procurement of renewable
    energy credits in amounts equal to at least the following:
            (i) By the end of the 2020 delivery year:
                At least 2,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 2,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            generation devices or community renewable
            generation projects; at least 40% from
            utility-scale solar projects; at least 2% from
            brownfield site photovoltaic projects that are not
            community renewable generation projects; and the
            remainder shall be determined through the
            long-term planning process described in
            subparagraph (A) of this paragraph (1).
            (ii) By the end of the 2025 delivery year:
                At least 3,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 3,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            devices or community renewable generation
            projects; at least 40% from utility-scale solar
            projects; at least 2% from brownfield site
            photovoltaic projects that are not community
            renewable generation projects; and the remainder
            shall be determined through the long-term planning
            process described in subparagraph (A) of this
            paragraph (1).
            (iii) By the end of the 2030 delivery year:
                At least 4,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 4,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            devices or community renewable generation
            projects; at least 40% from utility-scale solar
            projects; at least 2% from brownfield site
            photovoltaic projects that are not community
            renewable generation projects; and the remainder
            shall be determined through the long-term planning
            process described in subparagraph (A) of this
            paragraph (1).
            For purposes of this Section:
                "New wind projects" means wind renewable
            energy facilities that are energized after June 1,
            2017 for the delivery year commencing June 1, 2017
            or within 3 years after the date the Commission
            approves contracts for subsequent delivery years.
                "New photovoltaic projects" means photovoltaic
            renewable energy facilities that are energized
            after June 1, 2017. Photovoltaic projects
            developed under Section 1-56 of this Act shall not
            apply towards the new photovoltaic project
            requirements in this subparagraph (C).
        (D) Renewable energy credits shall be cost effective.
    For purposes of this subsection (c), "cost effective" means
    that the costs of procuring renewable energy resources do
    not cause the limit stated in subparagraph (E) of this
    paragraph (1) to be exceeded and, for renewable energy
    credits procured through a competitive procurement event,
    do not exceed benchmarks based on market prices for like
    products in the region. For purposes of this subsection
    (c), "like products" means contracts for renewable energy
    credits from the same or substantially similar technology,
    same or substantially similar vintage (new or existing),
    the same or substantially similar quantity, and the same or
    substantially similar contract length and structure.
    Benchmarks shall be developed by the procurement
    administrator, in consultation with the Commission staff,
    Agency staff, and the procurement monitor and shall be
    subject to Commission review and approval. If price
    benchmarks for like products in the region are not
    available, the procurement administrator shall establish
    price benchmarks based on publicly available data on
    regional technology costs and expected current and future
    regional energy prices. The benchmarks in this Section
    shall not be used to curtail or otherwise reduce
    contractual obligations entered into by or through the
    Agency prior to June 1, 2017 (the effective date of Public
    Act 99-906).
        (E) For purposes of this subsection (c), the required
    procurement of cost-effective renewable energy resources
    for a particular year commencing prior to June 1, 2017
    shall be measured as a percentage of the actual amount of
    electricity (megawatt-hours) supplied by the electric
    utility to eligible retail customers in the delivery year
    ending immediately prior to the procurement, and, for
    delivery years commencing on and after June 1, 2017, the
    required procurement of cost-effective renewable energy
    resources for a particular year shall be measured as a
    percentage of the actual amount of electricity
    (megawatt-hours) delivered by the electric utility in the
    delivery year ending immediately prior to the procurement,
    to all retail customers in its service territory. For
    purposes of this subsection (c), the amount paid per
    kilowatthour means the total amount paid for electric
    service expressed on a per kilowatthour basis. For purposes
    of this subsection (c), the total amount paid for electric
    service includes without limitation amounts paid for
    supply, transmission, distribution, surcharges, and add-on
    taxes.
        Notwithstanding the requirements of this subsection
    (c), the total of renewable energy resources procured under
    the procurement plan for any single year shall be subject
    to the limitations of this subparagraph (E). Such
    procurement shall be reduced for all retail customers based
    on the amount necessary to limit the annual estimated
    average net increase due to the costs of these resources
    included in the amounts paid by eligible retail customers
    in connection with electric service to no more than the
    greater of 2.015% of the amount paid per kilowatthour by
    those customers during the year ending May 31, 2007 or the
    incremental amount per kilowatthour paid for these
    resources in 2011. To arrive at a maximum dollar amount of
    renewable energy resources to be procured for the
    particular delivery year, the resulting per kilowatthour
    amount shall be applied to the actual amount of
    kilowatthours of electricity delivered, or applicable
    portion of such amount as specified in paragraph (1) of
    this subsection (c), as applicable, by the electric utility
    in the delivery year immediately prior to the procurement
    to all retail customers in its service territory. The
    calculations required by this subparagraph (E) shall be
    made only once for each delivery year at the time that the
    renewable energy resources are procured. Once the
    determination as to the amount of renewable energy
    resources to procure is made based on the calculations set
    forth in this subparagraph (E) and the contracts procuring
    those amounts are executed, no subsequent rate impact
    determinations shall be made and no adjustments to those
    contract amounts shall be allowed. All costs incurred under
    such contracts shall be fully recoverable by the electric
    utility as provided in this Section.
        (F) If the limitation on the amount of renewable energy
    resources procured in subparagraph (E) of this paragraph
    (1) prevents the Agency from meeting all of the goals in
    this subsection (c), the Agency's long-term plan shall
    prioritize compliance with the requirements of this
    subsection (c) regarding renewable energy credits in the
    following order:
            (i) renewable energy credits under existing
        contractual obligations;
            (i-5) funding for the Illinois Solar for All
        Program, as described in subparagraph (O) of this
        paragraph (1);
            (ii) renewable energy credits necessary to comply
        with the new wind and new photovoltaic procurement
        requirements described in items (i) through (iii) of
        subparagraph (C) of this paragraph (1); and
            (iii) renewable energy credits necessary to meet
        the remaining requirements of this subsection (c).
        (G) The following provisions shall apply to the
    Agency's procurement of renewable energy credits under
    this subsection (c):
            (i) Notwithstanding whether a long-term renewable
        resources procurement plan has been approved, the
        Agency shall conduct an initial forward procurement
        for renewable energy credits from new utility-scale
        wind projects within 160 days after June 1, 2017 (the
        effective date of Public Act 99-906). For the purposes
        of this initial forward procurement, the Agency shall
        solicit 15-year contracts for delivery of 1,000,000
        renewable energy credits delivered annually from new
        utility-scale wind projects to begin delivery on June
        1, 2019, if available, but not later than June 1, 2021.
        Payments to suppliers of renewable energy credits
        shall commence upon delivery. Renewable energy credits
        procured under this initial procurement shall be
        included in the Agency's long-term plan and shall apply
        to all renewable energy goals in this subsection (c).
            (ii) Notwithstanding whether a long-term renewable
        resources procurement plan has been approved, the
        Agency shall conduct an initial forward procurement
        for renewable energy credits from new utility-scale
        solar projects and brownfield site photovoltaic
        projects within one year after June 1, 2017 (the
        effective date of Public Act 99-906). For the purposes
        of this initial forward procurement, the Agency shall
        solicit 15-year contracts for delivery of 1,000,000
        renewable energy credits delivered annually from new
        utility-scale solar projects and brownfield site
        photovoltaic projects to begin delivery on June 1,
        2019, if available, but not later than June 1, 2021.
        The Agency may structure this initial procurement in
        one or more discrete procurement events. Payments to
        suppliers of renewable energy credits shall commence
        upon delivery. Renewable energy credits procured under
        this initial procurement shall be included in the
        Agency's long-term plan and shall apply to all
        renewable energy goals in this subsection (c).
            (iii) Subsequent forward procurements for
        utility-scale wind projects shall solicit at least
        1,000,000 renewable energy credits delivered annually
        per procurement event and shall be planned, scheduled,
        and designed such that the cumulative amount of
        renewable energy credits delivered from all new wind
        projects in each delivery year shall not exceed the
        Agency's projection of the cumulative amount of
        renewable energy credits that will be delivered from
        all new photovoltaic projects, including utility-scale
        and distributed photovoltaic devices, in the same
        delivery year at the time scheduled for wind contract
        delivery.
            (iv) If, at any time after the time set for
        delivery of renewable energy credits pursuant to the
        initial procurements in items (i) and (ii) of this
        subparagraph (G), the cumulative amount of renewable
        energy credits projected to be delivered from all new
        wind projects in a given delivery year exceeds the
        cumulative amount of renewable energy credits
        projected to be delivered from all new photovoltaic
        projects in that delivery year by 200,000 or more
        renewable energy credits, then the Agency shall within
        60 days adjust the procurement programs in the
        long-term renewable resources procurement plan to
        ensure that the projected cumulative amount of
        renewable energy credits to be delivered from all new
        wind projects does not exceed the projected cumulative
        amount of renewable energy credits to be delivered from
        all new photovoltaic projects by 200,000 or more
        renewable energy credits, provided that nothing in
        this Section shall preclude the projected cumulative
        amount of renewable energy credits to be delivered from
        all new photovoltaic projects from exceeding the
        projected cumulative amount of renewable energy
        credits to be delivered from all new wind projects in
        each delivery year and provided further that nothing in
        this item (iv) shall require the curtailment of an
        executed contract. The Agency shall update, on a
        quarterly basis, its projection of the renewable
        energy credits to be delivered from all projects in
        each delivery year. Notwithstanding anything to the
        contrary, the Agency may adjust the timing of
        procurement events conducted under this subparagraph
        (G). The long-term renewable resources procurement
        plan shall set forth the process by which the
        adjustments may be made.
            (v) All procurements under this subparagraph (G)
        shall comply with the geographic requirements in
        subparagraph (I) of this paragraph (1) and shall follow
        the procurement processes and procedures described in
        this Section and Section 16-111.5 of the Public
        Utilities Act to the extent practicable, and these
        processes and procedures may be expedited to
        accommodate the schedule established by this
        subparagraph (G).
        (H) The procurement of renewable energy resources for a
    given delivery year shall be reduced as described in this
    subparagraph (H) if an alternative retail electric
    supplier meets the requirements described in this
    subparagraph (H).
            (i) Within 45 days after June 1, 2017 (the
        effective date of Public Act 99-906), an alternative
        retail electric supplier or its successor shall submit
        an informational filing to the Illinois Commerce
        Commission certifying that, as of December 31, 2015,
        the alternative retail electric supplier owned one or
        more electric generating facilities that generates
        renewable energy resources as defined in Section 1-10
        of this Act, provided that such facilities are not
        powered by wind or photovoltaics, and the facilities
        generate one renewable energy credit for each
        megawatthour of energy produced from the facility.
            The informational filing shall identify each
        facility that was eligible to satisfy the alternative
        retail electric supplier's obligations under Section
        16-115D of the Public Utilities Act as described in
        this item (i).
            (ii) For a given delivery year, the alternative
        retail electric supplier may elect to supply its retail
        customers with renewable energy credits from the
        facility or facilities described in item (i) of this
        subparagraph (H) that continue to be owned by the
        alternative retail electric supplier.
            (iii) The alternative retail electric supplier
        shall notify the Agency and the applicable utility, no
        later than February 28 of the year preceding the
        applicable delivery year or 15 days after June 1, 2017
        (the effective date of Public Act 99-906), whichever is
        later, of its election under item (ii) of this
        subparagraph (H) to supply renewable energy credits to
        retail customers of the utility. Such election shall
        identify the amount of renewable energy credits to be
        supplied by the alternative retail electric supplier
        to the utility's retail customers and the source of the
        renewable energy credits identified in the
        informational filing as described in item (i) of this
        subparagraph (H), subject to the following
        limitations:
                For the delivery year beginning June 1, 2018,
            the maximum amount of renewable energy credits to
            be supplied by an alternative retail electric
            supplier under this subparagraph (H) shall be 68%
            multiplied by 25% multiplied by 14.5% multiplied
            by the amount of metered electricity
            (megawatt-hours) delivered by the alternative
            retail electric supplier to Illinois retail
            customers during the delivery year ending May 31,
            2016.
                For delivery years beginning June 1, 2019 and
            each year thereafter, the maximum amount of
            renewable energy credits to be supplied by an
            alternative retail electric supplier under this
            subparagraph (H) shall be 68% multiplied by 50%
            multiplied by 16% multiplied by the amount of
            metered electricity (megawatt-hours) delivered by
            the alternative retail electric supplier to
            Illinois retail customers during the delivery year
            ending May 31, 2016, provided that the 16% value
            shall increase by 1.5% each delivery year
            thereafter to 25% by the delivery year beginning
            June 1, 2025, and thereafter the 25% value shall
            apply to each delivery year.
            For each delivery year, the total amount of
        renewable energy credits supplied by all alternative
        retail electric suppliers under this subparagraph (H)
        shall not exceed 9% of the Illinois target renewable
        energy credit quantity. The Illinois target renewable
        energy credit quantity for the delivery year beginning
        June 1, 2018 is 14.5% multiplied by the total amount of
        metered electricity (megawatt-hours) delivered in the
        delivery year immediately preceding that delivery
        year, provided that the 14.5% shall increase by 1.5%
        each delivery year thereafter to 25% by the delivery
        year beginning June 1, 2025, and thereafter the 25%
        value shall apply to each delivery year.
            If the requirements set forth in items (i) through
        (iii) of this subparagraph (H) are met, the charges
        that would otherwise be applicable to the retail
        customers of the alternative retail electric supplier
        under paragraph (6) of this subsection (c) for the
        applicable delivery year shall be reduced by the ratio
        of the quantity of renewable energy credits supplied by
        the alternative retail electric supplier compared to
        that supplier's target renewable energy credit
        quantity. The supplier's target renewable energy
        credit quantity for the delivery year beginning June 1,
        2018 is 14.5% multiplied by the total amount of metered
        electricity (megawatt-hours) delivered by the
        alternative retail supplier in that delivery year,
        provided that the 14.5% shall increase by 1.5% each
        delivery year thereafter to 25% by the delivery year
        beginning June 1, 2025, and thereafter the 25% value
        shall apply to each delivery year.
            On or before April 1 of each year, the Agency shall
        annually publish a report on its website that
        identifies the aggregate amount of renewable energy
        credits supplied by alternative retail electric
        suppliers under this subparagraph (H).
        (I) The Agency shall design its long-term renewable
    energy procurement plan to maximize the State's interest in
    the health, safety, and welfare of its residents, including
    but not limited to minimizing sulfur dioxide, nitrogen
    oxide, particulate matter and other pollution that
    adversely affects public health in this State, increasing
    fuel and resource diversity in this State, enhancing the
    reliability and resiliency of the electricity distribution
    system in this State, meeting goals to limit carbon dioxide
    emissions under federal or State law, and contributing to a
    cleaner and healthier environment for the citizens of this
    State. In order to further these legislative purposes,
    renewable energy credits shall be eligible to be counted
    toward the renewable energy requirements of this
    subsection (c) if they are generated from facilities
    located in this State. The Agency may qualify renewable
    energy credits from facilities located in states adjacent
    to Illinois if the generator demonstrates and the Agency
    determines that the operation of such facility or
    facilities will help promote the State's interest in the
    health, safety, and welfare of its residents based on the
    public interest criteria described above. To ensure that
    the public interest criteria are applied to the procurement
    and given full effect, the Agency's long-term procurement
    plan shall describe in detail how each public interest
    factor shall be considered and weighted for facilities
    located in states adjacent to Illinois.
        (J) In order to promote the competitive development of
    renewable energy resources in furtherance of the State's
    interest in the health, safety, and welfare of its
    residents, renewable energy credits shall not be eligible
    to be counted toward the renewable energy requirements of
    this subsection (c) if they are sourced from a generating
    unit whose costs were being recovered through rates
    regulated by this State or any other state or states on or
    after January 1, 2017. Each contract executed to purchase
    renewable energy credits under this subsection (c) shall
    provide for the contract's termination if the costs of the
    generating unit supplying the renewable energy credits
    subsequently begin to be recovered through rates regulated
    by this State or any other state or states; and each
    contract shall further provide that, in that event, the
    supplier of the credits must return 110% of all payments
    received under the contract. Amounts returned under the
    requirements of this subparagraph (J) shall be retained by
    the utility and all of these amounts shall be used for the
    procurement of additional renewable energy credits from
    new wind or new photovoltaic resources as defined in this
    subsection (c). The long-term plan shall provide that these
    renewable energy credits shall be procured in the next
    procurement event.
        Notwithstanding the limitations of this subparagraph
    (J), renewable energy credits sourced from generating
    units that are constructed, purchased, owned, or leased by
    an electric utility as part of an approved project,
    program, or pilot under Section 1-56 of this Act shall be
    eligible to be counted toward the renewable energy
    requirements of this subsection (c), regardless of how the
    costs of these units are recovered.
        (K) The long-term renewable resources procurement plan
    developed by the Agency in accordance with subparagraph (A)
    of this paragraph (1) shall include an Adjustable Block
    program for the procurement of renewable energy credits
    from new photovoltaic projects that are distributed
    renewable energy generation devices or new photovoltaic
    community renewable generation projects. The Adjustable
    Block program shall be designed to provide a transparent
    schedule of prices and quantities to enable the
    photovoltaic market to scale up and for renewable energy
    credit prices to adjust at a predictable rate over time.
    The prices set by the Adjustable Block program can be
    reflected as a set value or as the product of a formula.
        The Adjustable Block program shall include for each
    category of eligible projects: a schedule of standard block
    purchase prices to be offered; a series of steps, with
    associated nameplate capacity and purchase prices that
    adjust from step to step; and automatic opening of the next
    step as soon as the nameplate capacity and available
    purchase prices for an open step are fully committed or
    reserved. Only projects energized on or after June 1, 2017
    shall be eligible for the Adjustable Block program. For
    each block group the Agency shall determine the number of
    blocks, the amount of generation capacity in each block,
    and the purchase price for each block, provided that the
    purchase price provided and the total amount of generation
    in all blocks for all block groups shall be sufficient to
    meet the goals in this subsection (c). The Agency may
    periodically review its prior decisions establishing the
    number of blocks, the amount of generation capacity in each
    block, and the purchase price for each block, and may
    propose, on an expedited basis, changes to these previously
    set values, including but not limited to redistributing
    these amounts and the available funds as necessary and
    appropriate, subject to Commission approval as part of the
    periodic plan revision process described in Section
    16-111.5 of the Public Utilities Act. The Agency may define
    different block sizes, purchase prices, or other distinct
    terms and conditions for projects located in different
    utility service territories if the Agency deems it
    necessary to meet the goals in this subsection (c).
        The Adjustable Block program shall include at least the
    following block groups in at least the following amounts,
    which may be adjusted upon review by the Agency and
    approval by the Commission as described in this
    subparagraph (K):
            (i) At least 25% from distributed renewable energy
        generation devices with a nameplate capacity of no more
        than 10 kilowatts.
            (ii) At least 25% from distributed renewable
        energy generation devices with a nameplate capacity of
        more than 10 kilowatts and no more than 2,000
        kilowatts. The Agency may create sub-categories within
        this category to account for the differences between
        projects for small commercial customers, large
        commercial customers, and public or non-profit
        customers.
            (iii) At least 25% from photovoltaic community
        renewable generation projects.
            (iv) The remaining 25% shall be allocated as
        specified by the Agency in the long-term renewable
        resources procurement plan.
        The Adjustable Block program shall be designed to
    ensure that renewable energy credits are procured from
    photovoltaic distributed renewable energy generation
    devices and new photovoltaic community renewable energy
    generation projects in diverse locations and are not
    concentrated in a few geographic areas.
        (L) The procurement of photovoltaic renewable energy
    credits under items (i) through (iv) of subparagraph (K) of
    this paragraph (1) shall be subject to the following
    contract and payment terms:
            (i) The Agency shall procure contracts of at least
        15 years in length.
            (ii) For those renewable energy credits that
        qualify and are procured under item (i) of subparagraph
        (K) of this paragraph (1), the renewable energy credit
        purchase price shall be paid in full by the contracting
        utilities at the time that the facility producing the
        renewable energy credits is interconnected at the
        distribution system level of the utility and
        energized. The electric utility shall receive and
        retire all renewable energy credits generated by the
        project for the first 15 years of operation.
            (iii) For those renewable energy credits that
        qualify and are procured under item (ii) and (iii) of
        subparagraph (K) of this paragraph (1) and any
        additional categories of distributed generation
        included in the long-term renewable resources
        procurement plan and approved by the Commission, 20
        percent of the renewable energy credit purchase price
        shall be paid by the contracting utilities at the time
        that the facility producing the renewable energy
        credits is interconnected at the distribution system
        level of the utility and energized. The remaining
        portion shall be paid ratably over the subsequent
        4-year period. The electric utility shall receive and
        retire all renewable energy credits generated by the
        project for the first 15 years of operation.
            (iv) Each contract shall include provisions to
        ensure the delivery of the renewable energy credits for
        the full term of the contract.
            (v) The utility shall be the counterparty to the
        contracts executed under this subparagraph (L) that
        are approved by the Commission under the process
        described in Section 16-111.5 of the Public Utilities
        Act. No contract shall be executed for an amount that
        is less than one renewable energy credit per year.
            (vi) If, at any time, approved applications for the
        Adjustable Block program exceed funds collected by the
        electric utility or would cause the Agency to exceed
        the limitation described in subparagraph (E) of this
        paragraph (1) on the amount of renewable energy
        resources that may be procured, then the Agency shall
        consider future uncommitted funds to be reserved for
        these contracts on a first-come, first-served basis,
        with the delivery of renewable energy credits required
        beginning at the time that the reserved funds become
        available.
            (vii) Nothing in this Section shall require the
        utility to advance any payment or pay any amounts that
        exceed the actual amount of revenues collected by the
        utility under paragraph (6) of this subsection (c) and
        subsection (k) of Section 16-108 of the Public
        Utilities Act, and contracts executed under this
        Section shall expressly incorporate this limitation.
        (M) The Agency shall be authorized to retain one or
    more experts or expert consulting firms to develop,
    administer, implement, operate, and evaluate the
    Adjustable Block program described in subparagraph (K) of
    this paragraph (1), and the Agency shall retain the
    consultant or consultants in the same manner, to the extent
    practicable, as the Agency retains others to administer
    provisions of this Act, including, but not limited to, the
    procurement administrator. The selection of experts and
    expert consulting firms and the procurement process
    described in this subparagraph (M) are exempt from the
    requirements of Section 20-10 of the Illinois Procurement
    Code, under Section 20-10 of that Code. The Agency shall
    strive to minimize administrative expenses in the
    implementation of the Adjustable Block program.
        The Agency and its consultant or consultants shall
    monitor block activity, share program activity with
    stakeholders and conduct regularly scheduled meetings to
    discuss program activity and market conditions. If
    necessary, the Agency may make prospective administrative
    adjustments to the Adjustable Block program design, such as
    redistributing available funds or making adjustments to
    purchase prices as necessary to achieve the goals of this
    subsection (c). Program modifications to any price,
    capacity block, or other program element that do not
    deviate from the Commission's approved value by more than
    25% shall take effect immediately and are not subject to
    Commission review and approval. Program modifications to
    any price, capacity block, or other program element that
    deviate more than 25% from the Commission's approved value
    must be approved by the Commission as a long-term plan
    amendment under Section 16-111.5 of the Public Utilities
    Act. The Agency shall consider stakeholder feedback when
    making adjustments to the Adjustable Block design and shall
    notify stakeholders in advance of any planned changes.
        (N) The long-term renewable resources procurement plan
    required by this subsection (c) shall include a community
    renewable generation program. The Agency shall establish
    the terms, conditions, and program requirements for
    community renewable generation projects with a goal to
    expand renewable energy generating facility access to a
    broader group of energy consumers, to ensure robust
    participation opportunities for residential and small
    commercial customers and those who cannot install
    renewable energy on their own properties. Any plan approved
    by the Commission shall allow subscriptions to community
    renewable generation projects to be portable and
    transferable. For purposes of this subparagraph (N),
    "portable" means that subscriptions may be retained by the
    subscriber even if the subscriber relocates or changes its
    address within the same utility service territory; and
    "transferable" means that a subscriber may assign or sell
    subscriptions to another person within the same utility
    service territory.
        Electric utilities shall provide a monetary credit to a
    subscriber's subsequent bill for service for the
    proportional output of a community renewable generation
    project attributable to that subscriber as specified in
    Section 16-107.5 of the Public Utilities Act.
        The Agency shall purchase renewable energy credits
    from subscribed shares of photovoltaic community renewable
    generation projects through the Adjustable Block program
    described in subparagraph (K) of this paragraph (1) or
    through the Illinois Solar for All Program described in
    Section 1-56 of this Act. The electric utility shall
    purchase any unsubscribed energy from community renewable
    generation projects that are Qualifying Facilities ("QF")
    under the electric utility's tariff for purchasing the
    output from QFs under Public Utilities Regulatory Policies
    Act of 1978.
        The owners of and any subscribers to a community
    renewable generation project shall not be considered
    public utilities or alternative retail electricity
    suppliers under the Public Utilities Act solely as a result
    of their interest in or subscription to a community
    renewable generation project and shall not be required to
    become an alternative retail electric supplier by
    participating in a community renewable generation project
    with a public utility.
        (O) For the delivery year beginning June 1, 2018, the
    long-term renewable resources procurement plan required by
    this subsection (c) shall provide for the Agency to procure
    contracts to continue offering the Illinois Solar for All
    Program described in subsection (b) of Section 1-56 of this
    Act, and the contracts approved by the Commission shall be
    executed by the utilities that are subject to this
    subsection (c). The long-term renewable resources
    procurement plan shall allocate 5% of the funds available
    under the plan for the applicable delivery year, or
    $10,000,000 per delivery year, whichever is greater, to
    fund the programs, and the plan shall determine the amount
    of funding to be apportioned to the programs identified in
    subsection (b) of Section 1-56 of this Act; provided that
    for the delivery years beginning June 1, 2017, June 1,
    2021, and June 1, 2025, the long-term renewable resources
    procurement plan shall allocate 10% of the funds available
    under the plan for the applicable delivery year, or
    $20,000,000 per delivery year, whichever is greater, and
    $10,000,000 of such funds in such year shall be used by an
    electric utility that serves more than 3,000,000 retail
    customers in the State to implement a Commission-approved
    plan under Section 16-108.12 of the Public Utilities Act.
    In making the determinations required under this
    subparagraph (O), the Commission shall consider the
    experience and performance under the programs and any
    evaluation reports. The Commission shall also provide for
    an independent evaluation of those programs on a periodic
    basis that are funded under this subparagraph (O).
        (2) (Blank).
        (3) (Blank).
        (4) The electric utility shall retire all renewable
    energy credits used to comply with the standard.
        (5) Beginning with the 2010 delivery year and ending
    June 1, 2017, an electric utility subject to this
    subsection (c) shall apply the lesser of the maximum
    alternative compliance payment rate or the most recent
    estimated alternative compliance payment rate for its
    service territory for the corresponding compliance period,
    established pursuant to subsection (d) of Section 16-115D
    of the Public Utilities Act to its retail customers that
    take service pursuant to the electric utility's hourly
    pricing tariff or tariffs. The electric utility shall
    retain all amounts collected as a result of the application
    of the alternative compliance payment rate or rates to such
    customers, and, beginning in 2011, the utility shall
    include in the information provided under item (1) of
    subsection (d) of Section 16-111.5 of the Public Utilities
    Act the amounts collected under the alternative compliance
    payment rate or rates for the prior year ending May 31.
    Notwithstanding any limitation on the procurement of
    renewable energy resources imposed by item (2) of this
    subsection (c), the Agency shall increase its spending on
    the purchase of renewable energy resources to be procured
    by the electric utility for the next plan year by an amount
    equal to the amounts collected by the utility under the
    alternative compliance payment rate or rates in the prior
    year ending May 31.
        (6) The electric utility shall be entitled to recover
    all of its costs associated with the procurement of
    renewable energy credits under plans approved under this
    Section and Section 16-111.5 of the Public Utilities Act.
    These costs shall include associated reasonable expenses
    for implementing the procurement programs, including, but
    not limited to, the costs of administering and evaluating
    the Adjustable Block program, through an automatic
    adjustment clause tariff in accordance with subsection (k)
    of Section 16-108 of the Public Utilities Act.
        (7) Renewable energy credits procured from new
    photovoltaic projects or new distributed renewable energy
    generation devices under this Section after June 1, 2017
    (the effective date of Public Act 99-906) must be procured
    from devices installed by a qualified person in compliance
    with the requirements of Section 16-128A of the Public
    Utilities Act and any rules or regulations adopted
    thereunder.
        In meeting the renewable energy requirements of this
    subsection (c), to the extent feasible and consistent with
    State and federal law, the renewable energy credit
    procurements, Adjustable Block solar program, and
    community renewable generation program shall provide
    employment opportunities for all segments of the
    population and workforce, including minority-owned and
    female-owned business enterprises, and shall not,
    consistent with State and federal law, discriminate based
    on race or socioeconomic status.
    (d) Clean coal portfolio standard.
        (1) The procurement plans shall include electricity
    generated using clean coal. Each utility shall enter into
    one or more sourcing agreements with the initial clean coal
    facility, as provided in paragraph (3) of this subsection
    (d), covering electricity generated by the initial clean
    coal facility representing at least 5% of each utility's
    total supply to serve the load of eligible retail customers
    in 2015 and each year thereafter, as described in paragraph
    (3) of this subsection (d), subject to the limits specified
    in paragraph (2) of this subsection (d). It is the goal of
    the State that by January 1, 2025, 25% of the electricity
    used in the State shall be generated by cost-effective
    clean coal facilities. For purposes of this subsection (d),
    "cost-effective" means that the expenditures pursuant to
    such sourcing agreements do not cause the limit stated in
    paragraph (2) of this subsection (d) to be exceeded and do
    not exceed cost-based benchmarks, which shall be developed
    to assess all expenditures pursuant to such sourcing
    agreements covering electricity generated by clean coal
    facilities, other than the initial clean coal facility, by
    the procurement administrator, in consultation with the
    Commission staff, Agency staff, and the procurement
    monitor and shall be subject to Commission review and
    approval.
        A utility party to a sourcing agreement shall
    immediately retire any emission credits that it receives in
    connection with the electricity covered by such agreement.
        Utilities shall maintain adequate records documenting
    the purchases under the sourcing agreement to comply with
    this subsection (d) and shall file an accounting with the
    load forecast that must be filed with the Agency by July 15
    of each year, in accordance with subsection (d) of Section
    16-111.5 of the Public Utilities Act.
        A utility shall be deemed to have complied with the
    clean coal portfolio standard specified in this subsection
    (d) if the utility enters into a sourcing agreement as
    required by this subsection (d).
        (2) For purposes of this subsection (d), the required
    execution of sourcing agreements with the initial clean
    coal facility for a particular year shall be measured as a
    percentage of the actual amount of electricity
    (megawatt-hours) supplied by the electric utility to
    eligible retail customers in the planning year ending
    immediately prior to the agreement's execution. For
    purposes of this subsection (d), the amount paid per
    kilowatthour means the total amount paid for electric
    service expressed on a per kilowatthour basis. For purposes
    of this subsection (d), the total amount paid for electric
    service includes without limitation amounts paid for
    supply, transmission, distribution, surcharges and add-on
    taxes.
        Notwithstanding the requirements of this subsection
    (d), the total amount paid under sourcing agreements with
    clean coal facilities pursuant to the procurement plan for
    any given year shall be reduced by an amount necessary to
    limit the annual estimated average net increase due to the
    costs of these resources included in the amounts paid by
    eligible retail customers in connection with electric
    service to:
            (A) in 2010, no more than 0.5% of the amount paid
        per kilowatthour by those customers during the year
        ending May 31, 2009;
            (B) in 2011, the greater of an additional 0.5% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2010 or 1% of the amount
        paid per kilowatthour by those customers during the
        year ending May 31, 2009;
            (C) in 2012, the greater of an additional 0.5% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2011 or 1.5% of the
        amount paid per kilowatthour by those customers during
        the year ending May 31, 2009;
            (D) in 2013, the greater of an additional 0.5% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2012 or 2% of the amount
        paid per kilowatthour by those customers during the
        year ending May 31, 2009; and
            (E) thereafter, the total amount paid under
        sourcing agreements with clean coal facilities
        pursuant to the procurement plan for any single year
        shall be reduced by an amount necessary to limit the
        estimated average net increase due to the cost of these
        resources included in the amounts paid by eligible
        retail customers in connection with electric service
        to no more than the greater of (i) 2.015% of the amount
        paid per kilowatthour by those customers during the
        year ending May 31, 2009 or (ii) the incremental amount
        per kilowatthour paid for these resources in 2013.
        These requirements may be altered only as provided by
        statute.
        No later than June 30, 2015, the Commission shall
    review the limitation on the total amount paid under
    sourcing agreements, if any, with clean coal facilities
    pursuant to this subsection (d) and report to the General
    Assembly its findings as to whether that limitation unduly
    constrains the amount of electricity generated by
    cost-effective clean coal facilities that is covered by
    sourcing agreements.
        (3) Initial clean coal facility. In order to promote
    development of clean coal facilities in Illinois, each
    electric utility subject to this Section shall execute a
    sourcing agreement to source electricity from a proposed
    clean coal facility in Illinois (the "initial clean coal
    facility") that will have a nameplate capacity of at least
    500 MW when commercial operation commences, that has a
    final Clean Air Act permit on June 1, 2009 (the effective
    date of Public Act 95-1027), and that will meet the
    definition of clean coal facility in Section 1-10 of this
    Act when commercial operation commences. The sourcing
    agreements with this initial clean coal facility shall be
    subject to both approval of the initial clean coal facility
    by the General Assembly and satisfaction of the
    requirements of paragraph (4) of this subsection (d) and
    shall be executed within 90 days after any such approval by
    the General Assembly. The Agency and the Commission shall
    have authority to inspect all books and records associated
    with the initial clean coal facility during the term of
    such a sourcing agreement. A utility's sourcing agreement
    for electricity produced by the initial clean coal facility
    shall include:
            (A) a formula contractual price (the "contract
        price") approved pursuant to paragraph (4) of this
        subsection (d), which shall:
                (i) be determined using a cost of service
            methodology employing either a level or deferred
            capital recovery component, based on a capital
            structure consisting of 45% equity and 55% debt,
            and a return on equity as may be approved by the
            Federal Energy Regulatory Commission, which in any
            case may not exceed the lower of 11.5% or the rate
            of return approved by the General Assembly
            pursuant to paragraph (4) of this subsection (d);
            and
                (ii) provide that all miscellaneous net
            revenue, including but not limited to net revenue
            from the sale of emission allowances, if any,
            substitute natural gas, if any, grants or other
            support provided by the State of Illinois or the
            United States Government, firm transmission
            rights, if any, by-products produced by the
            facility, energy or capacity derived from the
            facility and not covered by a sourcing agreement
            pursuant to paragraph (3) of this subsection (d) or
            item (5) of subsection (d) of Section 16-115 of the
            Public Utilities Act, whether generated from the
            synthesis gas derived from coal, from SNG, or from
            natural gas, shall be credited against the revenue
            requirement for this initial clean coal facility;
            (B) power purchase provisions, which shall:
                (i) provide that the utility party to such
            sourcing agreement shall pay the contract price
            for electricity delivered under such sourcing
            agreement;
                (ii) require delivery of electricity to the
            regional transmission organization market of the
            utility that is party to such sourcing agreement;
                (iii) require the utility party to such
            sourcing agreement to buy from the initial clean
            coal facility in each hour an amount of energy
            equal to all clean coal energy made available from
            the initial clean coal facility during such hour
            times a fraction, the numerator of which is such
            utility's retail market sales of electricity
            (expressed in kilowatthours sold) in the State
            during the prior calendar month and the
            denominator of which is the total retail market
            sales of electricity (expressed in kilowatthours
            sold) in the State by utilities during such prior
            month and the sales of electricity (expressed in
            kilowatthours sold) in the State by alternative
            retail electric suppliers during such prior month
            that are subject to the requirements of this
            subsection (d) and paragraph (5) of subsection (d)
            of Section 16-115 of the Public Utilities Act,
            provided that the amount purchased by the utility
            in any year will be limited by paragraph (2) of
            this subsection (d); and
                (iv) be considered pre-existing contracts in
            such utility's procurement plans for eligible
            retail customers;
            (C) contract for differences provisions, which
        shall:
                (i) require the utility party to such sourcing
            agreement to contract with the initial clean coal
            facility in each hour with respect to an amount of
            energy equal to all clean coal energy made
            available from the initial clean coal facility
            during such hour times a fraction, the numerator of
            which is such utility's retail market sales of
            electricity (expressed in kilowatthours sold) in
            the utility's service territory in the State
            during the prior calendar month and the
            denominator of which is the total retail market
            sales of electricity (expressed in kilowatthours
            sold) in the State by utilities during such prior
            month and the sales of electricity (expressed in
            kilowatthours sold) in the State by alternative
            retail electric suppliers during such prior month
            that are subject to the requirements of this
            subsection (d) and paragraph (5) of subsection (d)
            of Section 16-115 of the Public Utilities Act,
            provided that the amount paid by the utility in any
            year will be limited by paragraph (2) of this
            subsection (d);
                (ii) provide that the utility's payment
            obligation in respect of the quantity of
            electricity determined pursuant to the preceding
            clause (i) shall be limited to an amount equal to
            (1) the difference between the contract price
            determined pursuant to subparagraph (A) of
            paragraph (3) of this subsection (d) and the
            day-ahead price for electricity delivered to the
            regional transmission organization market of the
            utility that is party to such sourcing agreement
            (or any successor delivery point at which such
            utility's supply obligations are financially
            settled on an hourly basis) (the "reference
            price") on the day preceding the day on which the
            electricity is delivered to the initial clean coal
            facility busbar, multiplied by (2) the quantity of
            electricity determined pursuant to the preceding
            clause (i); and
                (iii) not require the utility to take physical
            delivery of the electricity produced by the
            facility;
            (D) general provisions, which shall:
                (i) specify a term of no more than 30 years,
            commencing on the commercial operation date of the
            facility;
                (ii) provide that utilities shall maintain
            adequate records documenting purchases under the
            sourcing agreements entered into to comply with
            this subsection (d) and shall file an accounting
            with the load forecast that must be filed with the
            Agency by July 15 of each year, in accordance with
            subsection (d) of Section 16-111.5 of the Public
            Utilities Act;
                (iii) provide that all costs associated with
            the initial clean coal facility will be
            periodically reported to the Federal Energy
            Regulatory Commission and to purchasers in
            accordance with applicable laws governing
            cost-based wholesale power contracts;
                (iv) permit the Illinois Power Agency to
            assume ownership of the initial clean coal
            facility, without monetary consideration and
            otherwise on reasonable terms acceptable to the
            Agency, if the Agency so requests no less than 3
            years prior to the end of the stated contract term;
                (v) require the owner of the initial clean coal
            facility to provide documentation to the
            Commission each year, starting in the facility's
            first year of commercial operation, accurately
            reporting the quantity of carbon emissions from
            the facility that have been captured and
            sequestered and report any quantities of carbon
            released from the site or sites at which carbon
            emissions were sequestered in prior years, based
            on continuous monitoring of such sites. If, in any
            year after the first year of commercial operation,
            the owner of the facility fails to demonstrate that
            the initial clean coal facility captured and
            sequestered at least 50% of the total carbon
            emissions that the facility would otherwise emit
            or that sequestration of emissions from prior
            years has failed, resulting in the release of
            carbon dioxide into the atmosphere, the owner of
            the facility must offset excess emissions. Any
            such carbon offsets must be permanent, additional,
            verifiable, real, located within the State of
            Illinois, and legally and practicably enforceable.
            The cost of such offsets for the facility that are
            not recoverable shall not exceed $15 million in any
            given year. No costs of any such purchases of
            carbon offsets may be recovered from a utility or
            its customers. All carbon offsets purchased for
            this purpose and any carbon emission credits
            associated with sequestration of carbon from the
            facility must be permanently retired. The initial
            clean coal facility shall not forfeit its
            designation as a clean coal facility if the
            facility fails to fully comply with the applicable
            carbon sequestration requirements in any given
            year, provided the requisite offsets are
            purchased. However, the Attorney General, on
            behalf of the People of the State of Illinois, may
            specifically enforce the facility's sequestration
            requirement and the other terms of this contract
            provision. Compliance with the sequestration
            requirements and offset purchase requirements
            specified in paragraph (3) of this subsection (d)
            shall be reviewed annually by an independent
            expert retained by the owner of the initial clean
            coal facility, with the advance written approval
            of the Attorney General. The Commission may, in the
            course of the review specified in item (vii),
            reduce the allowable return on equity for the
            facility if the facility willfully fails to comply
            with the carbon capture and sequestration
            requirements set forth in this item (v);
                (vi) include limits on, and accordingly
            provide for modification of, the amount the
            utility is required to source under the sourcing
            agreement consistent with paragraph (2) of this
            subsection (d);
                (vii) require Commission review: (1) to
            determine the justness, reasonableness, and
            prudence of the inputs to the formula referenced in
            subparagraphs (A)(i) through (A)(iii) of paragraph
            (3) of this subsection (d), prior to an adjustment
            in those inputs including, without limitation, the
            capital structure and return on equity, fuel
            costs, and other operations and maintenance costs
            and (2) to approve the costs to be passed through
            to customers under the sourcing agreement by which
            the utility satisfies its statutory obligations.
            Commission review shall occur no less than every 3
            years, regardless of whether any adjustments have
            been proposed, and shall be completed within 9
            months;
                (viii) limit the utility's obligation to such
            amount as the utility is allowed to recover through
            tariffs filed with the Commission, provided that
            neither the clean coal facility nor the utility
            waives any right to assert federal pre-emption or
            any other argument in response to a purported
            disallowance of recovery costs;
                (ix) limit the utility's or alternative retail
            electric supplier's obligation to incur any
            liability until such time as the facility is in
            commercial operation and generating power and
            energy and such power and energy is being delivered
            to the facility busbar;
                (x) provide that the owner or owners of the
            initial clean coal facility, which is the
            counterparty to such sourcing agreement, shall
            have the right from time to time to elect whether
            the obligations of the utility party thereto shall
            be governed by the power purchase provisions or the
            contract for differences provisions;
                (xi) append documentation showing that the
            formula rate and contract, insofar as they relate
            to the power purchase provisions, have been
            approved by the Federal Energy Regulatory
            Commission pursuant to Section 205 of the Federal
            Power Act;
                (xii) provide that any changes to the terms of
            the contract, insofar as such changes relate to the
            power purchase provisions, are subject to review
            under the public interest standard applied by the
            Federal Energy Regulatory Commission pursuant to
            Sections 205 and 206 of the Federal Power Act; and
                (xiii) conform with customary lender
            requirements in power purchase agreements used as
            the basis for financing non-utility generators.
        (4) Effective date of sourcing agreements with the
    initial clean coal facility. Any proposed sourcing
    agreement with the initial clean coal facility shall not
    become effective unless the following reports are prepared
    and submitted and authorizations and approvals obtained:
            (i) Facility cost report. The owner of the initial
        clean coal facility shall submit to the Commission, the
        Agency, and the General Assembly a front-end
        engineering and design study, a facility cost report,
        method of financing (including but not limited to
        structure and associated costs), and an operating and
        maintenance cost quote for the facility (collectively
        "facility cost report"), which shall be prepared in
        accordance with the requirements of this paragraph (4)
        of subsection (d) of this Section, and shall provide
        the Commission and the Agency access to the work
        papers, relied upon documents, and any other backup
        documentation related to the facility cost report.
            (ii) Commission report. Within 6 months following
        receipt of the facility cost report, the Commission, in
        consultation with the Agency, shall submit a report to
        the General Assembly setting forth its analysis of the
        facility cost report. Such report shall include, but
        not be limited to, a comparison of the costs associated
        with electricity generated by the initial clean coal
        facility to the costs associated with electricity
        generated by other types of generation facilities, an
        analysis of the rate impacts on residential and small
        business customers over the life of the sourcing
        agreements, and an analysis of the likelihood that the
        initial clean coal facility will commence commercial
        operation by and be delivering power to the facility's
        busbar by 2016. To assist in the preparation of its
        report, the Commission, in consultation with the
        Agency, may hire one or more experts or consultants,
        the costs of which shall be paid for by the owner of
        the initial clean coal facility. The Commission and
        Agency may begin the process of selecting such experts
        or consultants prior to receipt of the facility cost
        report.
            (iii) General Assembly approval. The proposed
        sourcing agreements shall not take effect unless,
        based on the facility cost report and the Commission's
        report, the General Assembly enacts authorizing
        legislation approving (A) the projected price, stated
        in cents per kilowatthour, to be charged for
        electricity generated by the initial clean coal
        facility, (B) the projected impact on residential and
        small business customers' bills over the life of the
        sourcing agreements, and (C) the maximum allowable
        return on equity for the project; and
            (iv) Commission review. If the General Assembly
        enacts authorizing legislation pursuant to
        subparagraph (iii) approving a sourcing agreement, the
        Commission shall, within 90 days of such enactment,
        complete a review of such sourcing agreement. During
        such time period, the Commission shall implement any
        directive of the General Assembly, resolve any
        disputes between the parties to the sourcing agreement
        concerning the terms of such agreement, approve the
        form of such agreement, and issue an order finding that
        the sourcing agreement is prudent and reasonable.
        The facility cost report shall be prepared as follows:
            (A) The facility cost report shall be prepared by
        duly licensed engineering and construction firms
        detailing the estimated capital costs payable to one or
        more contractors or suppliers for the engineering,
        procurement and construction of the components
        comprising the initial clean coal facility and the
        estimated costs of operation and maintenance of the
        facility. The facility cost report shall include:
                (i) an estimate of the capital cost of the core
            plant based on one or more front end engineering
            and design studies for the gasification island and
            related facilities. The core plant shall include
            all civil, structural, mechanical, electrical,
            control, and safety systems.
                (ii) an estimate of the capital cost of the
            balance of the plant, including any capital costs
            associated with sequestration of carbon dioxide
            emissions and all interconnects and interfaces
            required to operate the facility, such as
            transmission of electricity, construction or
            backfeed power supply, pipelines to transport
            substitute natural gas or carbon dioxide, potable
            water supply, natural gas supply, water supply,
            water discharge, landfill, access roads, and coal
            delivery.
            The quoted construction costs shall be expressed
        in nominal dollars as of the date that the quote is
        prepared and shall include capitalized financing costs
        during construction, taxes, insurance, and other
        owner's costs, and an assumed escalation in materials
        and labor beyond the date as of which the construction
        cost quote is expressed.
            (B) The front end engineering and design study for
        the gasification island and the cost study for the
        balance of plant shall include sufficient design work
        to permit quantification of major categories of
        materials, commodities and labor hours, and receipt of
        quotes from vendors of major equipment required to
        construct and operate the clean coal facility.
            (C) The facility cost report shall also include an
        operating and maintenance cost quote that will provide
        the estimated cost of delivered fuel, personnel,
        maintenance contracts, chemicals, catalysts,
        consumables, spares, and other fixed and variable
        operations and maintenance costs. The delivered fuel
        cost estimate will be provided by a recognized third
        party expert or experts in the fuel and transportation
        industries. The balance of the operating and
        maintenance cost quote, excluding delivered fuel
        costs, will be developed based on the inputs provided
        by duly licensed engineering and construction firms
        performing the construction cost quote, potential
        vendors under long-term service agreements and plant
        operating agreements, or recognized third party plant
        operator or operators.
            The operating and maintenance cost quote
        (including the cost of the front end engineering and
        design study) shall be expressed in nominal dollars as
        of the date that the quote is prepared and shall
        include taxes, insurance, and other owner's costs, and
        an assumed escalation in materials and labor beyond the
        date as of which the operating and maintenance cost
        quote is expressed.
            (D) The facility cost report shall also include an
        analysis of the initial clean coal facility's ability
        to deliver power and energy into the applicable
        regional transmission organization markets and an
        analysis of the expected capacity factor for the
        initial clean coal facility.
            (E) Amounts paid to third parties unrelated to the
        owner or owners of the initial clean coal facility to
        prepare the core plant construction cost quote,
        including the front end engineering and design study,
        and the operating and maintenance cost quote will be
        reimbursed through Coal Development Bonds.
        (5) Re-powering and retrofitting coal-fired power
    plants previously owned by Illinois utilities to qualify as
    clean coal facilities. During the 2009 procurement
    planning process and thereafter, the Agency and the
    Commission shall consider sourcing agreements covering
    electricity generated by power plants that were previously
    owned by Illinois utilities and that have been or will be
    converted into clean coal facilities, as defined by Section
    1-10 of this Act. Pursuant to such procurement planning
    process, the owners of such facilities may propose to the
    Agency sourcing agreements with utilities and alternative
    retail electric suppliers required to comply with
    subsection (d) of this Section and item (5) of subsection
    (d) of Section 16-115 of the Public Utilities Act, covering
    electricity generated by such facilities. In the case of
    sourcing agreements that are power purchase agreements,
    the contract price for electricity sales shall be
    established on a cost of service basis. In the case of
    sourcing agreements that are contracts for differences,
    the contract price from which the reference price is
    subtracted shall be established on a cost of service basis.
    The Agency and the Commission may approve any such utility
    sourcing agreements that do not exceed cost-based
    benchmarks developed by the procurement administrator, in
    consultation with the Commission staff, Agency staff and
    the procurement monitor, subject to Commission review and
    approval. The Commission shall have authority to inspect
    all books and records associated with these clean coal
    facilities during the term of any such contract.
        (6) Costs incurred under this subsection (d) or
    pursuant to a contract entered into under this subsection
    (d) shall be deemed prudently incurred and reasonable in
    amount and the electric utility shall be entitled to full
    cost recovery pursuant to the tariffs filed with the
    Commission.
    (d-5) Zero emission standard.
        (1) Beginning with the delivery year commencing on June
    1, 2017, the Agency shall, for electric utilities that
    serve at least 100,000 retail customers in this State,
    procure contracts with zero emission facilities that are
    reasonably capable of generating cost-effective zero
    emission credits in an amount approximately equal to 16% of
    the actual amount of electricity delivered by each electric
    utility to retail customers in the State during calendar
    year 2014. For an electric utility serving fewer than
    100,000 retail customers in this State that requested,
    under Section 16-111.5 of the Public Utilities Act, that
    the Agency procure power and energy for all or a portion of
    the utility's Illinois load for the delivery year
    commencing June 1, 2016, the Agency shall procure contracts
    with zero emission facilities that are reasonably capable
    of generating cost-effective zero emission credits in an
    amount approximately equal to 16% of the portion of power
    and energy to be procured by the Agency for the utility.
    The duration of the contracts procured under this
    subsection (d-5) shall be for a term of 10 years ending May
    31, 2027. The quantity of zero emission credits to be
    procured under the contracts shall be all of the zero
    emission credits generated by the zero emission facility in
    each delivery year; however, if the zero emission facility
    is owned by more than one entity, then the quantity of zero
    emission credits to be procured under the contracts shall
    be the amount of zero emission credits that are generated
    from the portion of the zero emission facility that is
    owned by the winning supplier.
        The 16% value identified in this paragraph (1) is the
    average of the percentage targets in subparagraph (B) of
    paragraph (1) of subsection (c) of this Section 1-75 of
    this Act for the 5 delivery years beginning June 1, 2017.
        The procurement process shall be subject to the
    following provisions:
            (A) Those zero emission facilities that intend to
        participate in the procurement shall submit to the
        Agency the following eligibility information for each
        zero emission facility on or before the date
        established by the Agency:
                (i) the in-service date and remaining useful
            life of the zero emission facility;
                (ii) the amount of power generated annually
            for each of the years 2005 through 2015, and the
            projected zero emission credits to be generated
            over the remaining useful life of the zero emission
            facility, which shall be used to determine the
            capability of each facility;
                (iii) the annual zero emission facility cost
            projections, expressed on a per megawatthour
            basis, over the next 6 delivery years, which shall
            include the following: operation and maintenance
            expenses; fully allocated overhead costs, which
            shall be allocated using the methodology developed
            by the Institute for Nuclear Power Operations;
            fuel expenditures; non-fuel capital expenditures;
            spent fuel expenditures; a return on working
            capital; the cost of operational and market risks
            that could be avoided by ceasing operation; and any
            other costs necessary for continued operations,
            provided that "necessary" means, for purposes of
            this item (iii), that the costs could reasonably be
            avoided only by ceasing operations of the zero
            emission facility; and
                (iv) a commitment to continue operating, for
            the duration of the contract or contracts executed
            under the procurement held under this subsection
            (d-5), the zero emission facility that produces
            the zero emission credits to be procured in the
            procurement.
            The information described in item (iii) of this
        subparagraph (A) may be submitted on a confidential
        basis and shall be treated and maintained by the
        Agency, the procurement administrator, and the
        Commission as confidential and proprietary and exempt
        from disclosure under subparagraphs (a) and (g) of
        paragraph (1) of Section 7 of the Freedom of
        Information Act. The Office of Attorney General shall
        have access to, and maintain the confidentiality of,
        such information pursuant to Section 6.5 of the
        Attorney General Act.
            (B) The price for each zero emission credit
        procured under this subsection (d-5) for each delivery
        year shall be in an amount that equals the Social Cost
        of Carbon, expressed on a price per megawatthour basis.
        However, to ensure that the procurement remains
        affordable to retail customers in this State if
        electricity prices increase, the price in an
        applicable delivery year shall be reduced below the
        Social Cost of Carbon by the amount ("Price
        Adjustment") by which the market price index for the
        applicable delivery year exceeds the baseline market
        price index for the consecutive 12-month period ending
        May 31, 2016. If the Price Adjustment is greater than
        or equal to the Social Cost of Carbon in an applicable
        delivery year, then no payments shall be due in that
        delivery year. The components of this calculation are
        defined as follows:
                (i) Social Cost of Carbon: The Social Cost of
            Carbon is $16.50 per megawatthour, which is based
            on the U.S. Interagency Working Group on Social
            Cost of Carbon's price in the August 2016 Technical
            Update using a 3% discount rate, adjusted for
            inflation for each year of the program. Beginning
            with the delivery year commencing June 1, 2023, the
            price per megawatthour shall increase by $1 per
            megawatthour, and continue to increase by an
            additional $1 per megawatthour each delivery year
            thereafter.
                (ii) Baseline market price index: The baseline
            market price index for the consecutive 12-month
            period ending May 31, 2016 is $31.40 per
            megawatthour, which is based on the sum of (aa) the
            average day-ahead energy price across all hours of
            such 12-month period at the PJM Interconnection
            LLC Northern Illinois Hub, (bb) 50% multiplied by
            the Base Residual Auction, or its successor,
            capacity price for the rest of the RTO zone group
            determined by PJM Interconnection LLC, divided by
            24 hours per day, and (cc) 50% multiplied by the
            Planning Resource Auction, or its successor,
            capacity price for Zone 4 determined by the
            Midcontinent Independent System Operator, Inc.,
            divided by 24 hours per day.
                (iii) Market price index: The market price
            index for a delivery year shall be the sum of
            projected energy prices and projected capacity
            prices determined as follows:
                    (aa) Projected energy prices: the
                projected energy prices for the applicable
                delivery year shall be calculated once for the
                year using the forward market price for the PJM
                Interconnection, LLC Northern Illinois Hub.
                The forward market price shall be calculated as
                follows: the energy forward prices for each
                month of the applicable delivery year averaged
                for each trade date during the calendar year
                immediately preceding that delivery year to
                produce a single energy forward price for the
                delivery year. The forward market price
                calculation shall use data published by the
                Intercontinental Exchange, or its successor.
                    (bb) Projected capacity prices:
                        (I) For the delivery years commencing
                    June 1, 2017, June 1, 2018, and June 1,
                    2019, the projected capacity price shall
                    be equal to the sum of (1) 50% multiplied
                    by the Base Residual Auction, or its
                    successor, price for the rest of the RTO
                    zone group as determined by PJM
                    Interconnection LLC, divided by 24 hours
                    per day and, (2) 50% multiplied by the
                    resource auction price determined in the
                    resource auction administered by the
                    Midcontinent Independent System Operator,
                    Inc., in which the largest percentage of
                    load cleared for Local Resource Zone 4,
                    divided by 24 hours per day, and where such
                    price is determined by the Midcontinent
                    Independent System Operator, Inc.
                        (II) For the delivery year commencing
                    June 1, 2020, and each year thereafter, the
                    projected capacity price shall be equal to
                    the sum of (1) 50% multiplied by the Base
                    Residual Auction, or its successor, price
                    for the ComEd zone as determined by PJM
                    Interconnection LLC, divided by 24 hours
                    per day, and (2) 50% multiplied by the
                    resource auction price determined in the
                    resource auction administered by the
                    Midcontinent Independent System Operator,
                    Inc., in which the largest percentage of
                    load cleared for Local Resource Zone 4,
                    divided by 24 hours per day, and where such
                    price is determined by the Midcontinent
                    Independent System Operator, Inc.
            For purposes of this subsection (d-5):
                "Rest of the RTO" and "ComEd Zone" shall have
            the meaning ascribed to them by PJM
            Interconnection, LLC.
                "RTO" means regional transmission
            organization.
            (C) No later than 45 days after June 1, 2017 (the
        effective date of Public Act 99-906), the Agency shall
        publish its proposed zero emission standard
        procurement plan. The plan shall be consistent with the
        provisions of this paragraph (1) and shall provide that
        winning bids shall be selected based on public interest
        criteria that include, but are not limited to,
        minimizing carbon dioxide emissions that result from
        electricity consumed in Illinois and minimizing sulfur
        dioxide, nitrogen oxide, and particulate matter
        emissions that adversely affect the citizens of this
        State. In particular, the selection of winning bids
        shall take into account the incremental environmental
        benefits resulting from the procurement, such as any
        existing environmental benefits that are preserved by
        the procurements held under Public Act 99-906 and would
        cease to exist if the procurements were not held,
        including the preservation of zero emission
        facilities. The plan shall also describe in detail how
        each public interest factor shall be considered and
        weighted in the bid selection process to ensure that
        the public interest criteria are applied to the
        procurement and given full effect.
            For purposes of developing the plan, the Agency
        shall consider any reports issued by a State agency,
        board, or commission under House Resolution 1146 of the
        98th General Assembly and paragraph (4) of subsection
        (d) of this Section 1-75 of this Act, as well as
        publicly available analyses and studies performed by
        or for regional transmission organizations that serve
        the State and their independent market monitors.
            Upon publishing of the zero emission standard
        procurement plan, copies of the plan shall be posted
        and made publicly available on the Agency's website.
        All interested parties shall have 10 days following the
        date of posting to provide comment to the Agency on the
        plan. All comments shall be posted to the Agency's
        website. Following the end of the comment period, but
        no more than 60 days later than June 1, 2017 (the
        effective date of Public Act 99-906), the Agency shall
        revise the plan as necessary based on the comments
        received and file its zero emission standard
        procurement plan with the Commission.
            If the Commission determines that the plan will
        result in the procurement of cost-effective zero
        emission credits, then the Commission shall, after
        notice and hearing, but no later than 45 days after the
        Agency filed the plan, approve the plan or approve with
        modification. For purposes of this subsection (d-5),
        "cost effective" means the projected costs of
        procuring zero emission credits from zero emission
        facilities do not cause the limit stated in paragraph
        (2) of this subsection to be exceeded.
            (C-5) As part of the Commission's review and
        acceptance or rejection of the procurement results,
        the Commission shall, in its public notice of
        successful bidders:
                (i) identify how the winning bids satisfy the
            public interest criteria described in subparagraph
            (C) of this paragraph (1) of minimizing carbon
            dioxide emissions that result from electricity
            consumed in Illinois and minimizing sulfur
            dioxide, nitrogen oxide, and particulate matter
            emissions that adversely affect the citizens of
            this State;
                (ii) specifically address how the selection of
            winning bids takes into account the incremental
            environmental benefits resulting from the
            procurement, including any existing environmental
            benefits that are preserved by the procurements
            held under Public Act 99-906 and would have ceased
            to exist if the procurements had not been held,
            such as the preservation of zero emission
            facilities;
                (iii) quantify the environmental benefit of
            preserving the resources identified in item (ii)
            of this subparagraph (C-5), including the
            following:
                    (aa) the value of avoided greenhouse gas
                emissions measured as the product of the zero
                emission facilities' output over the contract
                term multiplied by the U.S. Environmental
                Protection Agency eGrid subregion carbon
                dioxide emission rate and the U.S. Interagency
                Working Group on Social Cost of Carbon's price
                in the August 2016 Technical Update using a 3%
                discount rate, adjusted for inflation for each
                delivery year; and
                    (bb) the costs of replacement with other
                zero carbon dioxide resources, including wind
                and photovoltaic, based upon the simple
                average of the following:
                        (I) the price, or if there is more than
                    one price, the average of the prices, paid
                    for renewable energy credits from new
                    utility-scale wind projects in the
                    procurement events specified in item (i)
                    of subparagraph (G) of paragraph (1) of
                    subsection (c) of this Section 1-75 of this
                    Act; and
                        (II) the price, or if there is more
                    than one price, the average of the prices,
                    paid for renewable energy credits from new
                    utility-scale solar projects and
                    brownfield site photovoltaic projects in
                    the procurement events specified in item
                    (ii) of subparagraph (G) of paragraph (1)
                    of subsection (c) of this Section 1-75 of
                    this Act and, after January 1, 2015,
                    renewable energy credits from photovoltaic
                    distributed generation projects in
                    procurement events held under subsection
                    (c) of this Section 1-75 of this Act.
            Each utility shall enter into binding contractual
        arrangements with the winning suppliers.
            The procurement described in this subsection
        (d-5), including, but not limited to, the execution of
        all contracts procured, shall be completed no later
        than May 10, 2017. Based on the effective date of
        Public Act 99-906, the Agency and Commission may, as
        appropriate, modify the various dates and timelines
        under this subparagraph and subparagraphs (C) and (D)
        of this paragraph (1). The procurement and plan
        approval processes required by this subsection (d-5)
        shall be conducted in conjunction with the procurement
        and plan approval processes required by subsection (c)
        of this Section and Section 16-111.5 of the Public
        Utilities Act, to the extent practicable.
        Notwithstanding whether a procurement event is
        conducted under Section 16-111.5 of the Public
        Utilities Act, the Agency shall immediately initiate a
        procurement process on June 1, 2017 (the effective date
        of Public Act 99-906).
            (D) Following the procurement event described in
        this paragraph (1) and consistent with subparagraph
        (B) of this paragraph (1), the Agency shall calculate
        the payments to be made under each contract for the
        next delivery year based on the market price index for
        that delivery year. The Agency shall publish the
        payment calculations no later than May 25, 2017 and
        every May 25 thereafter.
            (E) Notwithstanding the requirements of this
        subsection (d-5), the contracts executed under this
        subsection (d-5) shall provide that the zero emission
        facility may, as applicable, suspend or terminate
        performance under the contracts in the following
        instances:
                (i) A zero emission facility shall be excused
            from its performance under the contract for any
            cause beyond the control of the resource,
            including, but not restricted to, acts of God,
            flood, drought, earthquake, storm, fire,
            lightning, epidemic, war, riot, civil disturbance
            or disobedience, labor dispute, labor or material
            shortage, sabotage, acts of public enemy,
            explosions, orders, regulations or restrictions
            imposed by governmental, military, or lawfully
            established civilian authorities, which, in any of
            the foregoing cases, by exercise of commercially
            reasonable efforts the zero emission facility
            could not reasonably have been expected to avoid,
            and which, by the exercise of commercially
            reasonable efforts, it has been unable to
            overcome. In such event, the zero emission
            facility shall be excused from performance for the
            duration of the event, including, but not limited
            to, delivery of zero emission credits, and no
            payment shall be due to the zero emission facility
            during the duration of the event.
                (ii) A zero emission facility shall be
            permitted to terminate the contract if legislation
            is enacted into law by the General Assembly that
            imposes or authorizes a new tax, special
            assessment, or fee on the generation of
            electricity, the ownership or leasehold of a
            generating unit, or the privilege or occupation of
            such generation, ownership, or leasehold of
            generation units by a zero emission facility.
            However, the provisions of this item (ii) do not
            apply to any generally applicable tax, special
            assessment or fee, or requirements imposed by
            federal law.
                (iii) A zero emission facility shall be
            permitted to terminate the contract in the event
            that the resource requires capital expenditures in
            excess of $40,000,000 that were neither known nor
            reasonably foreseeable at the time it executed the
            contract and that a prudent owner or operator of
            such resource would not undertake.
                (iv) A zero emission facility shall be
            permitted to terminate the contract in the event
            the Nuclear Regulatory Commission terminates the
            resource's license.
            (F) If the zero emission facility elects to
        terminate a contract under this subparagraph (E) , of
        this paragraph (1), then the Commission shall reopen
        the docket in which the Commission approved the zero
        emission standard procurement plan under subparagraph
        (C) of this paragraph (1) and, after notice and
        hearing, enter an order acknowledging the contract
        termination election if such termination is consistent
        with the provisions of this subsection (d-5).
        (2) For purposes of this subsection (d-5), the amount
    paid per kilowatthour means the total amount paid for
    electric service expressed on a per kilowatthour basis. For
    purposes of this subsection (d-5), the total amount paid
    for electric service includes, without limitation, amounts
    paid for supply, transmission, distribution, surcharges,
    and add-on taxes.
        Notwithstanding the requirements of this subsection
    (d-5), the contracts executed under this subsection (d-5)
    shall provide that the total of zero emission credits
    procured under a procurement plan shall be subject to the
    limitations of this paragraph (2). For each delivery year,
    the contractual volume receiving payments in such year
    shall be reduced for all retail customers based on the
    amount necessary to limit the net increase that delivery
    year to the costs of those credits included in the amounts
    paid by eligible retail customers in connection with
    electric service to no more than 1.65% of the amount paid
    per kilowatthour by eligible retail customers during the
    year ending May 31, 2009. The result of this computation
    shall apply to and reduce the procurement for all retail
    customers, and all those customers shall pay the same
    single, uniform cents per kilowatthour charge under
    subsection (k) of Section 16-108 of the Public Utilities
    Act. To arrive at a maximum dollar amount of zero emission
    credits to be paid for the particular delivery year, the
    resulting per kilowatthour amount shall be applied to the
    actual amount of kilowatthours of electricity delivered by
    the electric utility in the delivery year immediately prior
    to the procurement, to all retail customers in its service
    territory. Unpaid contractual volume for any delivery year
    shall be paid in any subsequent delivery year in which such
    payments can be made without exceeding the amount specified
    in this paragraph (2). The calculations required by this
    paragraph (2) shall be made only once for each procurement
    plan year. Once the determination as to the amount of zero
    emission credits to be paid is made based on the
    calculations set forth in this paragraph (2), no subsequent
    rate impact determinations shall be made and no adjustments
    to those contract amounts shall be allowed. All costs
    incurred under those contracts and in implementing this
    subsection (d-5) shall be recovered by the electric utility
    as provided in this Section.
        No later than June 30, 2019, the Commission shall
    review the limitation on the amount of zero emission
    credits procured under this subsection (d-5) and report to
    the General Assembly its findings as to whether that
    limitation unduly constrains the procurement of
    cost-effective zero emission credits.
        (3) Six years after the execution of a contract under
    this subsection (d-5), the Agency shall determine whether
    the actual zero emission credit payments received by the
    supplier over the 6-year period exceed the Average ZEC
    Payment. In addition, at the end of the term of a contract
    executed under this subsection (d-5), or at the time, if
    any, a zero emission facility's contract is terminated
    under subparagraph (E) of paragraph (1) of this subsection
    (d-5), then the Agency shall determine whether the actual
    zero emission credit payments received by the supplier over
    the term of the contract exceed the Average ZEC Payment,
    after taking into account any amounts previously credited
    back to the utility under this paragraph (3). If the Agency
    determines that the actual zero emission credit payments
    received by the supplier over the relevant period exceed
    the Average ZEC Payment, then the supplier shall credit the
    difference back to the utility. The amount of the credit
    shall be remitted to the applicable electric utility no
    later than 120 days after the Agency's determination, which
    the utility shall reflect as a credit on its retail
    customer bills as soon as practicable; however, the credit
    remitted to the utility shall not exceed the total amount
    of payments received by the facility under its contract.
        For purposes of this Section, the Average ZEC Payment
    shall be calculated by multiplying the quantity of zero
    emission credits delivered under the contract times the
    average contract price. The average contract price shall be
    determined by subtracting the amount calculated under
    subparagraph (B) of this paragraph (3) from the amount
    calculated under subparagraph (A) of this paragraph (3), as
    follows:
            (A) The average of the Social Cost of Carbon, as
        defined in subparagraph (B) of paragraph (1) of this
        subsection (d-5), during the term of the contract.
            (B) The average of the market price indices, as
        defined in subparagraph (B) of paragraph (1) of this
        subsection (d-5), during the term of the contract,
        minus the baseline market price index, as defined in
        subparagraph (B) of paragraph (1) of this subsection
        (d-5).
        If the subtraction yields a negative number, then the
    Average ZEC Payment shall be zero.
        (4) Cost-effective zero emission credits procured from
    zero emission facilities shall satisfy the applicable
    definitions set forth in Section 1-10 of this Act.
        (5) The electric utility shall retire all zero emission
    credits used to comply with the requirements of this
    subsection (d-5).
        (6) Electric utilities shall be entitled to recover all
    of the costs associated with the procurement of zero
    emission credits through an automatic adjustment clause
    tariff in accordance with subsection (k) and (m) of Section
    16-108 of the Public Utilities Act, and the contracts
    executed under this subsection (d-5) shall provide that the
    utilities' payment obligations under such contracts shall
    be reduced if an adjustment is required under subsection
    (m) of Section 16-108 of the Public Utilities Act.
        (7) This subsection (d-5) shall become inoperative on
    January 1, 2028.
    (e) The draft procurement plans are subject to public
comment, as required by Section 16-111.5 of the Public
Utilities Act.
    (f) The Agency shall submit the final procurement plan to
the Commission. The Agency shall revise a procurement plan if
the Commission determines that it does not meet the standards
set forth in Section 16-111.5 of the Public Utilities Act.
    (g) The Agency shall assess fees to each affected utility
to recover the costs incurred in preparation of the annual
procurement plan for the utility.
    (h) The Agency shall assess fees to each bidder to recover
the costs incurred in connection with a competitive procurement
process.
    (i) A renewable energy credit, carbon emission credit, or
zero emission credit can only be used once to comply with a
single portfolio or other standard as set forth in subsection
(c), subsection (d), or subsection (d-5) of this Section,
respectively. A renewable energy credit, carbon emission
credit, or zero emission credit cannot be used to satisfy the
requirements of more than one standard. If more than one type
of credit is issued for the same megawatt hour of energy, only
one credit can be used to satisfy the requirements of a single
standard. After such use, the credit must be retired together
with any other credits issued for the same megawatt hour of
energy.
(Source: P.A. 99-536, eff. 7-8-16; 99-906, eff. 6-1-17;
100-863, eff. 8-14-18; revised 10-18-18.)
 
    Section 205. The Illinois Century Network Act is amended by
changing Section 15 as follows:
 
    (20 ILCS 3921/15)
    Sec. 15. Management of the Illinois Century Network. (a)
The Department of Innovation and Technology shall govern the
staffing and contractual services necessary to support the
activities of the Illinois Century Network.
    (b) (Blank).
(Source: P.A. 100-611, eff. 7-20-18; revised 10-11-18.)
 
    Section 210. The Illinois Criminal Justice Information Act
is amended by changing Section 9.1 as follows:
 
    (20 ILCS 3930/9.1)
    (Text of Section before amendment by P.A. 100-987)
    Sec. 9.1. Criminal Justice Information Projects Fund. The
Criminal Justice Information Projects Fund is hereby created as
a special fund in the State Treasury. Grants and other moneys
obtained by the Authority from governmental entities (other
than the federal government), private sources, and
not-for-profit organizations for use in investigating criminal
justice issues or undertaking other criminal justice
information projects, or pursuant to the uses identified in
Section 21.10 of the Illinois Lottery Law, shall be deposited
into the Fund. Moneys in the Fund may be used by the Authority,
subject to appropriation, for undertaking such projects and for
the operating and other expenses of the Authority incidental to
those projects. Any interest earned on moneys in the Fund must
be deposited into the Fund.
(Source: P.A. 100-647, eff. 7-30-18.)
 
    (Text of Section after amendment by P.A. 100-987)
    Sec. 9.1. Criminal Justice Information Projects Fund. The
Criminal Justice Information Projects Fund is hereby created as
a special fund in the State Treasury. Grants and other moneys
obtained by the Authority from governmental entities (other
than the federal government), private sources, and
not-for-profit organizations for use in investigating criminal
justice issues or undertaking other criminal justice
information projects, or pursuant to the uses identified in
Section 21.10 of the Illinois Lottery Law, shall be deposited
into the Fund. Moneys in the Fund may be used by the Authority,
subject to appropriation, for undertaking such projects and for
the operating and other expenses of the Authority incidental to
those projects, and for the costs associated with making grants
from the Prescription Pill and Drug Disposal Fund. The moneys
deposited into the Criminal Justice Information Projects Fund
under Sections 15-15 and 15-35 of the Criminal and Traffic
Assessment Act shall be appropriated to and administered by the
Illinois Criminal Justice Information Authority for
distribution to fund Department of State Police drug task
forces and Metropolitan Enforcement Groups by dividing the
funds equally by the total number of Department of State Police
drug task forces and Illinois Metropolitan Enforcement Groups.
Any interest earned on moneys in the Fund must be deposited
into the Fund.
(Source: P.A. 100-647, eff. 7-30-18; 100-987, eff. 7-1-19;
revised 9-25-18.)
 
    Section 215. The Illinois Health Facilities Planning Act is
amended by changing Sections 3, 4.2, and 13 as follows:
 
    (20 ILCS 3960/3)  (from Ch. 111 1/2, par. 1153)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 3. Definitions. As used in this Act:
    "Health care facilities" means and includes the following
facilities, organizations, and related persons:
        (1) An ambulatory surgical treatment center required
    to be licensed pursuant to the Ambulatory Surgical
    Treatment Center Act.
        (2) An institution, place, building, or agency
    required to be licensed pursuant to the Hospital Licensing
    Act.
        (3) Skilled and intermediate long term care facilities
    licensed under the Nursing Home Care Act.
            (A) If a demonstration project under the Nursing
        Home Care Act applies for a certificate of need to
        convert to a nursing facility, it shall meet the
        licensure and certificate of need requirements in
        effect as of the date of application.
            (B) Except as provided in item (A) of this
        subsection, this Act does not apply to facilities
        granted waivers under Section 3-102.2 of the Nursing
        Home Care Act.
        (3.5) Skilled and intermediate care facilities
    licensed under the ID/DD Community Care Act or the MC/DD
    Act. No permit or exemption is required for a facility
    licensed under the ID/DD Community Care Act or the MC/DD
    Act prior to the reduction of the number of beds at a
    facility. If there is a total reduction of beds at a
    facility licensed under the ID/DD Community Care Act or the
    MC/DD Act, this is a discontinuation or closure of the
    facility. If a facility licensed under the ID/DD Community
    Care Act or the MC/DD Act reduces the number of beds or
    discontinues the facility, that facility must notify the
    Board as provided in Section 14.1 of this Act.
        (3.7) Facilities licensed under the Specialized Mental
    Health Rehabilitation Act of 2013.
        (4) Hospitals, nursing homes, ambulatory surgical
    treatment centers, or kidney disease treatment centers
    maintained by the State or any department or agency
    thereof.
        (5) Kidney disease treatment centers, including a
    free-standing hemodialysis unit required to meet the
    requirements of 42 CFR 494 in order to be certified for
    participation in Medicare and Medicaid under Titles XVIII
    and XIX of the federal Social Security Act.
            (A) This Act does not apply to a dialysis facility
        that provides only dialysis training, support, and
        related services to individuals with end stage renal
        disease who have elected to receive home dialysis.
            (B) This Act does not apply to a dialysis unit
        located in a licensed nursing home that offers or
        provides dialysis-related services to residents with
        end stage renal disease who have elected to receive
        home dialysis within the nursing home.
            (C) The Board, however, may require dialysis
        facilities and licensed nursing homes under items (A)
        and (B) of this subsection to report statistical
        information on a quarterly basis to the Board to be
        used by the Board to conduct analyses on the need for
        proposed kidney disease treatment centers.
        (6) An institution, place, building, or room used for
    the performance of outpatient surgical procedures that is
    leased, owned, or operated by or on behalf of an
    out-of-state facility.
        (7) An institution, place, building, or room used for
    provision of a health care category of service, including,
    but not limited to, cardiac catheterization and open heart
    surgery.
        (8) An institution, place, building, or room housing
    major medical equipment used in the direct clinical
    diagnosis or treatment of patients, and whose project cost
    is in excess of the capital expenditure minimum.
    "Health care facilities" does not include the following
entities or facility transactions:
        (1) Federally-owned facilities.
        (2) Facilities used solely for healing by prayer or
    spiritual means.
        (3) An existing facility located on any campus facility
    as defined in Section 5-5.8b of the Illinois Public Aid
    Code, provided that the campus facility encompasses 30 or
    more contiguous acres and that the new or renovated
    facility is intended for use by a licensed residential
    facility.
        (4) Facilities licensed under the Supportive
    Residences Licensing Act or the Assisted Living and Shared
    Housing Act.
        (5) Facilities designated as supportive living
    facilities that are in good standing with the program
    established under Section 5-5.01a of the Illinois Public
    Aid Code.
        (6) Facilities established and operating under the
    Alternative Health Care Delivery Act as a children's
    community-based health care center alternative health care
    model demonstration program or as an Alzheimer's Disease
    Management Center alternative health care model
    demonstration program.
        (7) The closure of an entity or a portion of an entity
    licensed under the Nursing Home Care Act, the Specialized
    Mental Health Rehabilitation Act of 2013, the ID/DD
    Community Care Act, or the MC/DD Act, with the exception of
    facilities operated by a county or Illinois Veterans Homes,
    that elect to convert, in whole or in part, to an assisted
    living or shared housing establishment licensed under the
    Assisted Living and Shared Housing Act and with the
    exception of a facility licensed under the Specialized
    Mental Health Rehabilitation Act of 2013 in connection with
    a proposal to close a facility and re-establish the
    facility in another location.
        (8) Any change of ownership of a health care facility
    that is licensed under the Nursing Home Care Act, the
    Specialized Mental Health Rehabilitation Act of 2013, the
    ID/DD Community Care Act, or the MC/DD Act, with the
    exception of facilities operated by a county or Illinois
    Veterans Homes. Changes of ownership of facilities
    licensed under the Nursing Home Care Act must meet the
    requirements set forth in Sections 3-101 through 3-119 of
    the Nursing Home Care Act.
        (9) Any project the Department of Healthcare and Family
    Services certifies was approved by the Hospital
    Transformation Review Committee as a project subject to the
    hospital's transformation under subsection (d-5) of
    Section 14-12 of the Illinois Public Aid Code, provided the
    hospital shall submit the certification to the Board.
    Nothing in this paragraph excludes a health care facility
    from the requirements of this Act after the approved
    transformation project is complete. All other requirements
    under this Act continue to apply. Hospitals that are not
    subject to this Act under this paragraph shall notify the
    Health Facilities and Services Review Board within 30 days
    of the dates that bed changes or service changes occur.
    With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity or
within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion of
a health care facility under contract with such health care
facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups, unless the entity constructs, modifies,
or establishes a health care facility as specifically defined
in this Section. This Act shall apply to construction or
modification and to establishment by such health care facility
of such contracted portion which is subject to facility
licensing requirements, irrespective of the party responsible
for such action or attendant financial obligation.
    "Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
    "Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official capacity
within the last 12 months has involved the providing,
administering or financing of any type of health care facility,
(b) who is engaged in health research or the teaching of
health, (c) who has a material financial interest in any
activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or
ever has been a member of the immediate family of the person
defined by item (a), (b), or (c).
    "State Board" or "Board" means the Health Facilities and
Services Review Board.
    "Construction or modification" means the establishment,
erection, building, alteration, reconstruction, modernization,
improvement, extension, discontinuation, change of ownership,
of or by a health care facility, or the purchase or acquisition
by or through a health care facility of equipment or service
for diagnostic or therapeutic purposes or for facility
administration or operation, or any capital expenditure made by
or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any capital expenditure
made by or on behalf of a health care facility for (i) the
construction or modification of a facility licensed under the
Assisted Living and Shared Housing Act or (ii) a conversion
project undertaken in accordance with Section 30 of the Older
Adult Services Act shall be excluded from any obligations under
this Act.
    "Establish" means the construction of a health care
facility or the replacement of an existing facility on another
site or the initiation of a category of service.
    "Major medical equipment" means medical equipment which is
used for the provision of medical and other health services and
which costs in excess of the capital expenditure minimum,
except that such term does not include medical equipment
acquired by or on behalf of a clinical laboratory to provide
clinical laboratory services if the clinical laboratory is
independent of a physician's office and a hospital and it has
been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section
1861(s) of such Act. In determining whether medical equipment
has a value in excess of the capital expenditure minimum, the
value of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition of such equipment shall be included.
    "Capital expenditure" means an expenditure: (A) made by or
on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an expense
of operation and maintenance, or is made to obtain by lease or
comparable arrangement any facility or part thereof or any
equipment for a facility or part; and which exceeds the capital
expenditure minimum.
    For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and
other activities essential to the acquisition, improvement,
expansion, or replacement of any plant or equipment with
respect to which an expenditure is made shall be included in
determining if such expenditure exceeds the capital
expenditures minimum. Unless otherwise interdependent, or
submitted as one project by the applicant, components of
construction or modification undertaken by means of a single
construction contract or financed through the issuance of a
single debt instrument shall not be grouped together as one
project. Donations of equipment or facilities to a health care
facility which if acquired directly by such facility would be
subject to review under this Act shall be considered capital
expenditures, and a transfer of equipment or facilities for
less than fair market value shall be considered a capital
expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject
to review.
    "Capital expenditure minimum" means $11,500,000 for
projects by hospital applicants, $6,500,000 for applicants for
projects related to skilled and intermediate care long-term
care facilities licensed under the Nursing Home Care Act, and
$3,000,000 for projects by all other applicants, which shall be
annually adjusted to reflect the increase in construction costs
due to inflation, for major medical equipment and for all other
capital expenditures.
    "Financial commitment" means the commitment of at least 33%
of total funds assigned to cover total project cost, which
occurs by the actual expenditure of 33% or more of the total
project cost or the commitment to expend 33% or more of the
total project cost by signed contracts or other legal means.
    "Non-clinical service area" means an area (i) for the
benefit of the patients, visitors, staff, or employees of a
health care facility and (ii) not directly related to the
diagnosis, treatment, or rehabilitation of persons receiving
services from the health care facility. "Non-clinical service
areas" include, but are not limited to, chapels; gift shops;
news stands; computer systems; tunnels, walkways, and
elevators; telephone systems; projects to comply with life
safety codes; educational facilities; student housing;
patient, employee, staff, and visitor dining areas;
administration and volunteer offices; modernization of
structural components (such as roof replacement and masonry
work); boiler repair or replacement; vehicle maintenance and
storage facilities; parking facilities; mechanical systems for
heating, ventilation, and air conditioning; loading docks; and
repair or replacement of carpeting, tile, wall coverings,
window coverings or treatments, or furniture. Solely for the
purpose of this definition, "non-clinical service area" does
not include health and fitness centers.
    "Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and the
word "area" may be used synonymously with the term "areawide".
    "Local" means a subarea of a delineated major area that on
a geographic, demographic, and functional basis may be
considered to be part of such major area. The term "subregion"
may be used synonymously with the term "local".
    "Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
    "Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
    "Director" means the Director of the Illinois Department of
Public Health.
    "Agency" or "Department" means the Illinois Department of
Public Health.
    "Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
    "Out-of-state facility" means a person that is both (i)
licensed as a hospital or as an ambulatory surgery center under
the laws of another state or that qualifies as a hospital or an
ambulatory surgery center under regulations adopted pursuant
to the Social Security Act and (ii) not licensed under the
Ambulatory Surgical Treatment Center Act, the Hospital
Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state
facilities. Affiliates of Illinois licensed health care
facilities 100% owned by an Illinois licensed health care
facility, its parent, or Illinois physicians licensed to
practice medicine in all its branches shall not be considered
out-of-state facilities. Nothing in this definition shall be
construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in
Illinois that is not required to be licensed under the
Ambulatory Surgical Treatment Center Act.
    "Change of ownership of a health care facility" means a
change in the person who has ownership or control of a health
care facility's physical plant and capital assets. A change in
ownership is indicated by the following transactions: sale,
transfer, acquisition, lease, change of sponsorship, or other
means of transferring control.
    "Related person" means any person that: (i) is at least 50%
owned, directly or indirectly, by either the health care
facility or a person owning, directly or indirectly, at least
50% of the health care facility; or (ii) owns, directly or
indirectly, at least 50% of the health care facility.
    "Charity care" means care provided by a health care
facility for which the provider does not expect to receive
payment from the patient or a third-party payer.
    "Freestanding emergency center" means a facility subject
to licensure under Section 32.5 of the Emergency Medical
Services (EMS) Systems Act.
    "Category of service" means a grouping by generic class of
various types or levels of support functions, equipment, care,
or treatment provided to patients or residents, including, but
not limited to, classes such as medical-surgical, pediatrics,
or cardiac catheterization. A category of service may include
subcategories or levels of care that identify a particular
degree or type of care within the category of service. Nothing
in this definition shall be construed to include the practice
of a physician or other licensed health care professional while
functioning in an office providing for the care, diagnosis, or
treatment of patients. A category of service that is subject to
the Board's jurisdiction must be designated in rules adopted by
the Board.
    "State Board Staff Report" means the document that sets
forth the review and findings of the State Board staff, as
prescribed by the State Board, regarding applications subject
to Board jurisdiction.
(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
99-527, eff. 1-1-17; 100-518, eff. 6-1-18; 100-581, eff.
3-12-18; 100-957, eff. 8-19-18; revised 12-13-18.)
 
    (20 ILCS 3960/4.2)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 4.2. Ex parte communications.
    (a) Except in the disposition of matters that agencies are
authorized by law to entertain or dispose of on an ex parte
basis including, but not limited to rulemaking rule making, the
State Board, any State Board member, employee, or a hearing
officer shall not engage in ex parte communication in
connection with the substance of any formally filed application
for a permit with any person or party or the representative of
any party. This subsection (a) applies when the Board, member,
employee, or hearing officer knows, or should know upon
reasonable inquiry, that the application or exemption has been
formally filed with the Board. Nothing in this Section shall
prohibit staff members from providing technical assistance to
applicants. Nothing in this Section shall prohibit staff from
verifying or clarifying an applicant's information as it
prepares the State Board Staff Report. Once an application for
permit or exemption is filed and deemed complete, a written
record of any communication between staff and an applicant
shall be prepared by staff and made part of the public record,
using a prescribed, standardized format, and shall be included
in the application file.
    (b) A State Board member or employee may communicate with
other members or employees and any State Board member or
hearing officer may have the aid and advice of one or more
personal assistants.
    (c) An ex parte communication received by the State Board,
any State Board member, employee, or a hearing officer shall be
made a part of the record of the matter, including all written
communications, all written responses to the communications,
and a memorandum stating the substance of all oral
communications and all responses made and the identity of each
person from whom the ex parte communication was received.
    (d) "Ex parte communication" means a communication between
a person who is not a State Board member or employee and a
State Board member or employee that reflects on the substance
of a pending or impending State Board proceeding and that takes
place outside the record of the proceeding. Communications
regarding matters of procedure and practice, such as the format
of pleading, number of copies required, manner of service, and
status of proceedings, are not considered ex parte
communications. Technical assistance with respect to an
application, not intended to influence any decision on the
application, may be provided by employees to the applicant. Any
assistance shall be documented in writing by the applicant and
employees within 10 business days after the assistance is
provided.
    (e) For purposes of this Section, "employee" means a person
the State Board or the Agency employs on a full-time,
part-time, contract, or intern basis.
    (f) The State Board, State Board member, or hearing
examiner presiding over the proceeding, in the event of a
violation of this Section, must take whatever action is
necessary to ensure that the violation does not prejudice any
party or adversely affect the fairness of the proceedings.
    (g) Nothing in this Section shall be construed to prevent
the State Board or any member of the State Board from
consulting with the attorney for the State Board.
(Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18;
revised 12-13-18.)
 
    (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 13. Investigation of applications for permits. The
State Board shall make or cause to be made such investigations
as it deems necessary in connection with an application for a
permit, or in connection with a determination of whether or not
construction or modification that has been commenced is in
accord with the permit issued by the State Board, or whether
construction or modification has been commenced without a
permit having been obtained. The State Board may issue
subpoenas duces tecum requiring the production of records and
may administer oaths to such witnesses.
    Any circuit court of this State, upon the application of
the State Board or upon the application of any party to such
proceedings, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the State Board,
by a proceeding as for contempt, or otherwise, in the same
manner as production of evidence may be compelled before the
court.
    The State Board shall require all health facilities
operating in this State to provide such reasonable reports at
such times and containing such information as is needed by it
to carry out the purposes and provisions of this Act. Prior to
collecting information from health facilities, the State Board
shall make reasonable efforts through a public process to
consult with health facilities and associations that represent
them to determine whether data and information requests will
result in useful information for health planning, whether
sufficient information is available from other sources, and
whether data requested is routinely collected by health
facilities and is available without retrospective record
review. Data and information requests shall not impose undue
paperwork burdens on health care facilities and personnel.
Health facilities not complying with this requirement shall be
reported to licensing, accrediting, certifying, or payment
agencies as being in violation of State law. Health care
facilities and other parties at interest shall have reasonable
access, under rules established by the State Board, to all
planning information submitted in accord with this Act
pertaining to their area.
    Among the reports to be required by the State Board are
facility questionnaires for health care facilities licensed
under the Ambulatory Surgical Treatment Center Act, the
Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
Community Care Act, the MC/DD Act, or the Specialized Mental
Health Rehabilitation Act of 2013 and health care facilities
that are required to meet the requirements of 42 CFR 494 in
order to be certified for participation in Medicare and
Medicaid under Titles XVIII and XIX of the federal Social
Security Act. These questionnaires shall be conducted on an
annual basis and compiled by the State Board. For health care
facilities licensed under the Nursing Home Care Act or the
Specialized Mental Health Rehabilitation Act of 2013, these
reports shall include, but not be limited to, the
identification of specialty services provided by the facility
to patients, residents, and the community at large. Annual
reports for facilities licensed under the ID/DD Community Care
Act and facilities licensed under the MC/DD Act shall be
different from the annual reports required of other health care
facilities and shall be specific to those facilities licensed
under the ID/DD Community Care Act or the MC/DD Act. The Health
Facilities and Services Review Board shall consult with
associations representing facilities licensed under the ID/DD
Community Care Act and associations representing facilities
licensed under the MC/DD Act when developing the information
requested in these annual reports. For health care facilities
that contain long term care beds, the reports shall also
include the number of staffed long term care beds, physical
capacity for long term care beds at the facility, and long term
care beds available for immediate occupancy. For purposes of
this paragraph, "long term care beds" means beds (i) licensed
under the Nursing Home Care Act, (ii) licensed under the ID/DD
Community Care Act, (iii) licensed under the MC/DD Act, (iv)
licensed under the Hospital Licensing Act, or (v) licensed
under the Specialized Mental Health Rehabilitation Act of 2013
and certified as skilled nursing or nursing facility beds under
Medicaid or Medicare.
(Source: P.A. 99-180, eff. 7-29-15; 100-681, eff. 8-3-18;
100-957, eff. 8-19-18; revised 12-13-18.)
 
    Section 220. The Illinois Plain Language Task Force Act is
amended by changing Section 30 as follows:
 
    (20 ILCS 4090/30)
    Sec. 30. Plain language State government communications.
Recognizing the importance of plain language in communication
with the public:
        (1) the General Assembly shall draft legislation and
    other public-facing documents using plain language when
    practicable; and
        (2) the executive and judicial branches of State
    government are advised to make all efforts to draft
    executive orders, court documents, and other public-facing
    public facing documents using plain language.
(Source: P.A. 100-1108, eff. 8-27-18; revised 10-11-18.)
 
    Section 225. The Illinois Route 66 Centennial Commission
Act is amended by changing Section 45 as follows:
 
    (20 ILCS 5125/45)
    (Section scheduled to be repealed on December 1, 2027)
    Sec. 45. Dissolution of the Commission. No later than June
30, 2027, a final report on the Commission's activities shall
be delivered to the Governor. The Commission shall be dissolved
on June 30, 2027, and any assets remaining in the Illinois
Route 66 Centennial Commission Trust Fund shall be deposited
into in to the General Revenue Fund.
(Source: P.A. 100-649, eff. 1-1-19; revised 10-11-18.)
 
    Section 230. The Illinois State Auditing Act is amended by
changing Section 2-16 as follows:
 
    (30 ILCS 5/2-16)
    Sec. 2-16. Contract aspirational goals. The Auditor
General shall establish aspirational goals for contract awards
substantially in accordance with the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act, unless
otherwise governed by other law. The Auditor General shall not
be subject to the jurisdiction of the Business Enterprise
Council established under the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act with
regard to steps taken to achieve aspirational goals. The
Auditor General shall annually post the Office's utilization of
businesses owned by minorities, women, and persons with
disabilities during the preceding fiscal year on the Office's
Internet websites.
(Source: P.A. 100-801, eff. 8-10-18; revised 9-27-18.)
 
    Section 235. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.886 and
6z-105 and by changing Sections 6p-1, 8.16a, 9.03, 9.04, and
13.2 as follows:
 
    (30 ILCS 105/5.886)
    Sec. 5.886. The VW Settlement Environmental Mitigation
Fund.
(Source: P.A. 100-587, eff. 6-4-18.)
 
    (30 ILCS 105/5.887)
    Sec. 5.887 5.886. The High-Speed Rail Rolling Stock Fund.
(Source: P.A. 100-773, eff. 1-1-19; revised 9-12-18.)
 
    (30 ILCS 105/5.888)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 5.888 5.886. The State Police Law Enforcement
Administration Fund.
(Source: P.A. 100-987, eff. 7-1-19; revised 9-12-18.)
 
    (30 ILCS 105/5.889)
    Sec. 5.889 5.886. The Homelessness Prevention Revenue
Fund.
(Source: P.A. 100-1068, eff. 8-24-18; revised 9-12-18.)
 
    (30 ILCS 105/5.890)
    Sec. 5.890 5.886. The Industrial Hemp Regulatory Fund.
(Source: P.A. 100-1091, eff. 8-26-18; revised 9-12-18.)
 
    (30 ILCS 105/5.892)
    Sec. 5.892 5.886. The Firearm Dealer License Certification
Fund.
(Source: P.A. 100-1178, eff. 1-18-19; revised 1-26-19.)
 
    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
    Sec. 6p-1. The Technology Management Revolving Fund
(formerly known as the Statistical Services Revolving Fund)
shall be initially financed by a transfer of funds from the
General Revenue Fund. Thereafter, all fees and other monies
received by the Department of Innovation and Technology in
payment for information technology and related services
rendered pursuant to subsection (b) of Section 1-30 30 of the
Department of Innovation and Technology Act shall be paid into
the Technology Management Revolving Fund. On and after July 1,
2017, or after sufficient moneys have been received in the
Communications Revolving Fund to pay all Fiscal Year 2017
obligations payable from the Fund, whichever is later, all fees
and other moneys received by the Department of Central
Management Services in payment for communications services
rendered pursuant to the Department of Central Management
Services Law of the Civil Administrative Code of Illinois or
sale of surplus State communications equipment shall be paid
into the Technology Management Revolving Fund. The money in
this fund shall be used by the Department of Innovation and
Technology as reimbursement for expenditures incurred in
rendering information technology and related services and,
beginning July 1, 2017, as reimbursement for expenditures
incurred in relation to communications services.
(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
revised 10-11-18.)
 
    (30 ILCS 105/6z-105)
    Sec. 6z-105. The VW Settlement Environmental Mitigation
Fund. The VW Settlement Environmental Mitigation Fund is
created as a special fund in the State Treasury to receive
moneys from the State Mitigation Trust established pursuant to
the Environmental Mitigation Trust Agreement for State
Beneficiaries ("Trust Agreement") pursuant to consent decrees
in In re: Volkswagen "Clean Diesel" Marketing, Sales Practices,
and Products Liability Litigation, MDL No. 2672 CRB (JSC) ("VW
Settlement"). All funds received by the State from the State
Mitigation Trust shall be deposited into the VW Settlement
Environmental Mitigation Fund to be used, subject to
appropriation by the General Assembly, by the Illinois
Environmental Protection Agency as designated lead agency for
the State of Illinois, to pay for costs of eligible mitigation
actions and related administrative expenditures as allowed
under the VW Settlement, the Trust Agreement, and the State's
Beneficiary Mitigation Plan.
(Source: P.A. 100-587, eff. 6-4-18.)
 
    (30 ILCS 105/6z-106)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 6z-106 6z-105. State Police Law Enforcement
Administration Fund.
    (a) There is created in the State treasury a special fund
known as the State Police Law Enforcement Administration Fund.
The Fund shall receive revenue under subsection (c) of Section
10-5 of the Criminal and Traffic Assessment Act. The Fund may
also receive revenue from grants, donations, appropriations,
and any other legal source.
    (b) The Department of State Police may use moneys in the
Fund to finance any of its lawful purposes or functions;
however, the primary purpose shall be to finance State Police
cadet classes in May and October of each year.
    (c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
    (d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
    (e) The State Police Law Enforcement Administration Fund
shall not be subject to administrative chargebacks.
(Source: P.A. 100-987, eff. 7-1-19; revised 10-8-18.)
 
    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
    Sec. 8.16a. Appropriations for the procurement,
installation, retention, maintenance, and operation of
electronic data processing and information technology devices
and software used by State agencies subject to subsection (b)
of Section 1-30 30 of the Department of Innovation and
Technology Act, the purchase of necessary supplies and
equipment and accessories thereto, and all other expenses
incident to the operation and maintenance of those electronic
data processing and information technology devices and
software are payable from the Technology Management Revolving
Fund. However, no contract shall be entered into or obligation
incurred for any expenditure from the Technology Management
Revolving Fund until after the purpose and amount has been
approved in writing by the Secretary of Innovation and
Technology. Until there are sufficient funds in the Technology
Management Revolving Fund (formerly known as the Statistical
Services Revolving Fund) to carry out the purposes of this
amendatory Act of 1965, however, the State agencies subject to
subsection (b) of Section 1-30 30 of the Department of
Innovation and Technology Act shall, on written approval of the
Secretary of Innovation and Technology, pay the cost of
operating and maintaining electronic data processing systems
from current appropriations as classified and standardized in
the State Finance Act.
(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
revised 10-11-18.)
 
    (30 ILCS 105/9.03)  (from Ch. 127, par. 145d)
    Sec. 9.03. The certification on every State payroll voucher
shall be as follows:
    "I certify that the employees named, their respective
indicated positions and service times, and appropriation to be
charged, as shown on the accompanying payroll sheets are true,
complete, correct and according to the provisions of law; that
such employees are involved in decision making or have direct
line responsibility to a person who has decision making
authority concerning the objectives, functions, goals and
policies of the organizational unit for which the appropriation
was made; that the results of the work performed by these
employees and that substantially all of their working time is
directly related to the objectives, functions, goals, and
policies of the organizational unit for which the appropriation
is made; that all working time was expended in the service of
the State; and that the employees named are entitled to payment
in the amounts indicated. If applicable, the reporting
requirements of Section 5.1 of the Governor's Office of
Management and Budget Act have been met.
............................  ..............................
       (Date)                           (Signature)"
    For departments under the Civil Administrative Code of
Illinois, the foregoing certification shall be executed by the
Chief Executive Officer of the department from whose
appropriation the payment will be made or his designee, in
addition to any other certifications or approvals which may be
required by law.
    The foregoing certification shall not be required for
expenditures from amounts appropriated to the Comptroller for
payment of the salaries of State officers.
    For appropriations for the Office of the Governor enacted
after July 31, 2018 (the effective date of Public Act 100-655)
this amendatory Act of the 100th General Assembly, (1) the
foregoing certification shall be required for expenditures
from amounts appropriated to the Office of the Governor for
payment of salaries of Governor's Office employees and executed
by the Governor, or his or her designee, in addition to any
other certifications or approvals which may be required by law
to be made; and (2) in no event shall salaries of employees of
the Office of the Governor be paid from appropriations other
than those established for that purpose.
(Source: P.A. 100-655, eff. 7-31-18; revised 10-11-18.)
 
    (30 ILCS 105/9.04)  (from Ch. 127, par. 145e)
    Sec. 9.04. The certification on behalf of the State agency
on every State voucher for goods and services other than a
payroll or travel voucher shall be as follows:
    "I certify that the goods or services specified on this
voucher were for the use of this agency and that the
expenditure for such goods or services was authorized and
lawfully incurred; that such goods or services meet all the
required standards set forth in the purchase agreement or
contract to which this voucher relates; and that the amount
shown on this voucher is correct and is approved for payment.
If applicable, the reporting requirements of Section 5.1 of the
Governor's Office of Management and Budget Act have been met.
........................    ............................
        (Date)                           (Signature)"        
    For departments under the Civil Administrative Code of
Illinois, the foregoing certification shall be executed by the
Chief Executive Officer of the department from whose
appropriation the payment will be made or his designee, in
addition to any other certifications or approvals which may be
required by law.
(Source: P.A. 94-793, eff. 5-19-06; revised 10-11-18.)
 
    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
    Sec. 13.2. Transfers among line item appropriations.
    (a) Transfers among line item appropriations from the same
treasury fund for the objects specified in this Section may be
made in the manner provided in this Section when the balance
remaining in one or more such line item appropriations is
insufficient for the purpose for which the appropriation was
made.
    (a-1) No transfers may be made from one agency to another
agency, nor may transfers be made from one institution of
higher education to another institution of higher education
except as provided by subsection (a-4).
    (a-2) Except as otherwise provided in this Section,
transfers may be made only among the objects of expenditure
enumerated in this Section, except that no funds may be
transferred from any appropriation for personal services, from
any appropriation for State contributions to the State
Employees' Retirement System, from any separate appropriation
for employee retirement contributions paid by the employer, nor
from any appropriation for State contribution for employee
group insurance. During State fiscal year 2005, an agency may
transfer amounts among its appropriations within the same
treasury fund for personal services, employee retirement
contributions paid by employer, and State Contributions to
retirement systems; notwithstanding and in addition to the
transfers authorized in subsection (c) of this Section, the
fiscal year 2005 transfers authorized in this sentence may be
made in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund. During
State fiscal year 2007, the Departments of Children and Family
Services, Corrections, Human Services, and Juvenile Justice
may transfer amounts among their respective appropriations
within the same treasury fund for personal services, employee
retirement contributions paid by employer, and State
contributions to retirement systems. During State fiscal year
2010, the Department of Transportation may transfer amounts
among their respective appropriations within the same treasury
fund for personal services, employee retirement contributions
paid by employer, and State contributions to retirement
systems. During State fiscal years 2010 and 2014 only, an
agency may transfer amounts among its respective
appropriations within the same treasury fund for personal
services, employee retirement contributions paid by employer,
and State contributions to retirement systems.
Notwithstanding, and in addition to, the transfers authorized
in subsection (c) of this Section, these transfers may be made
in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund.
    (a-2.5) During State fiscal year 2015 only, the State's
Attorneys Appellate Prosecutor may transfer amounts among its
respective appropriations contained in operational line items
within the same treasury fund. Notwithstanding, and in addition
to, the transfers authorized in subsection (c) of this Section,
these transfers may be made in an amount not to exceed 4% of
the aggregate amount appropriated to the State's Attorneys
Appellate Prosecutor within the same treasury fund.
    (a-3) Further, if an agency receives a separate
appropriation for employee retirement contributions paid by
the employer, any transfer by that agency into an appropriation
for personal services must be accompanied by a corresponding
transfer into the appropriation for employee retirement
contributions paid by the employer, in an amount sufficient to
meet the employer share of the employee contributions required
to be remitted to the retirement system.
    (a-4) Long-Term Care Rebalancing. The Governor may
designate amounts set aside for institutional services
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services to be
transferred to all State agencies responsible for the
administration of community-based long-term care programs,
including, but not limited to, community-based long-term care
programs administered by the Department of Healthcare and
Family Services, the Department of Human Services, and the
Department on Aging, provided that the Director of Healthcare
and Family Services first certifies that the amounts being
transferred are necessary for the purpose of assisting persons
in or at risk of being in institutional care to transition to
community-based settings, including the financial data needed
to prove the need for the transfer of funds. The total amounts
transferred shall not exceed 4% in total of the amounts
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services for each
fiscal year. A notice of the fund transfer must be made to the
General Assembly and posted at a minimum on the Department of
Healthcare and Family Services website, the Governor's Office
of Management and Budget website, and any other website the
Governor sees fit. These postings shall serve as notice to the
General Assembly of the amounts to be transferred. Notice shall
be given at least 30 days prior to transfer.
    (b) In addition to the general transfer authority provided
under subsection (c), the following agencies have the specific
transfer authority granted in this subsection:
    The Department of Healthcare and Family Services is
authorized to make transfers representing savings attributable
to not increasing grants due to the births of additional
children from line items for payments of cash grants to line
items for payments for employment and social services for the
purposes outlined in subsection (f) of Section 4-2 of the
Illinois Public Aid Code.
    The Department of Children and Family Services is
authorized to make transfers not exceeding 2% of the aggregate
amount appropriated to it within the same treasury fund for the
following line items among these same line items: Foster Home
and Specialized Foster Care and Prevention, Institutions and
Group Homes and Prevention, and Purchase of Adoption and
Guardianship Services.
    The Department on Aging is authorized to make transfers not
exceeding 2% of the aggregate amount appropriated to it within
the same treasury fund for the following Community Care Program
line items among these same line items: purchase of services
covered by the Community Care Program and Comprehensive Case
Coordination.
    The State Treasurer is authorized to make transfers among
line item appropriations from the Capital Litigation Trust
Fund, with respect to costs incurred in fiscal years 2002 and
2003 only, when the balance remaining in one or more such line
item appropriations is insufficient for the purpose for which
the appropriation was made, provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
    The State Board of Education is authorized to make
transfers from line item appropriations within the same
treasury fund for General State Aid, General State Aid - Hold
Harmless, and Evidence-Based Funding, provided that no such
transfer may be made unless the amount transferred is no longer
required for the purpose for which that appropriation was made,
to the line item appropriation for Transitional Assistance when
the balance remaining in such line item appropriation is
insufficient for the purpose for which the appropriation was
made.
    The State Board of Education is authorized to make
transfers between the following line item appropriations
within the same treasury fund: Disabled Student
Services/Materials (Section 14-13.01 of the School Code),
Disabled Student Transportation Reimbursement (Section
14-13.01 of the School Code), Disabled Student Tuition -
Private Tuition (Section 14-7.02 of the School Code),
Extraordinary Special Education (Section 14-7.02b of the
School Code), Reimbursement for Free Lunch/Breakfast Program,
Summer School Payments (Section 18-4.3 of the School Code), and
Transportation - Regular/Vocational Reimbursement (Section
29-5 of the School Code). Such transfers shall be made only
when the balance remaining in one or more such line item
appropriations is insufficient for the purpose for which the
appropriation was made and provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
    The Department of Healthcare and Family Services is
authorized to make transfers not exceeding 4% of the aggregate
amount appropriated to it, within the same treasury fund, among
the various line items appropriated for Medical Assistance.
    (c) The sum of such transfers for an agency in a fiscal
year shall not exceed 2% of the aggregate amount appropriated
to it within the same treasury fund for the following objects:
Personal Services; Extra Help; Student and Inmate
Compensation; State Contributions to Retirement Systems; State
Contributions to Social Security; State Contribution for
Employee Group Insurance; Contractual Services; Travel;
Commodities; Printing; Equipment; Electronic Data Processing;
Operation of Automotive Equipment; Telecommunications
Services; Travel and Allowance for Committed, Paroled and
Discharged Prisoners; Library Books; Federal Matching Grants
for Student Loans; Refunds; Workers' Compensation,
Occupational Disease, and Tort Claims; Late Interest Penalties
under the State Prompt Payment Act and Sections 368a and 370a
of the Illinois Insurance Code; and, in appropriations to
institutions of higher education, Awards and Grants.
Notwithstanding the above, any amounts appropriated for
payment of workers' compensation claims to an agency to which
the authority to evaluate, administer and pay such claims has
been delegated by the Department of Central Management Services
may be transferred to any other expenditure object where such
amounts exceed the amount necessary for the payment of such
claims.
    (c-1) Special provisions for State fiscal year 2003.
Notwithstanding any other provision of this Section to the
contrary, for State fiscal year 2003 only, transfers among line
item appropriations to an agency from the same treasury fund
may be made provided that the sum of such transfers for an
agency in State fiscal year 2003 shall not exceed 3% of the
aggregate amount appropriated to that State agency for State
fiscal year 2003 for the following objects: personal services,
except that no transfer may be approved which reduces the
aggregate appropriations for personal services within an
agency; extra help; student and inmate compensation; State
contributions to retirement systems; State contributions to
social security; State contributions for employee group
insurance; contractual services; travel; commodities;
printing; equipment; electronic data processing; operation of
automotive equipment; telecommunications services; travel and
allowance for committed, paroled, and discharged prisoners;
library books; federal matching grants for student loans;
refunds; workers' compensation, occupational disease, and tort
claims; and, in appropriations to institutions of higher
education, awards and grants.
    (c-2) Special provisions for State fiscal year 2005.
Notwithstanding subsections (a), (a-2), and (c), for State
fiscal year 2005 only, transfers may be made among any line
item appropriations from the same or any other treasury fund
for any objects or purposes, without limitation, when the
balance remaining in one or more such line item appropriations
is insufficient for the purpose for which the appropriation was
made, provided that the sum of those transfers by a State
agency shall not exceed 4% of the aggregate amount appropriated
to that State agency for fiscal year 2005.
    (c-3) Special provisions for State fiscal year 2015.
Notwithstanding any other provision of this Section, for State
fiscal year 2015, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2015
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2015. For the purpose of this subsection,
"operational or lump sum expenses" includes the following
objects: personal services; extra help; student and inmate
compensation; State contributions to retirement systems; State
contributions to social security; State contributions for
employee group insurance; contractual services; travel;
commodities; printing; equipment; electronic data processing;
operation of automotive equipment; telecommunications
services; travel and allowance for committed, paroled, and
discharged prisoners; library books; federal matching grants
for student loans; refunds; workers' compensation,
occupational disease, and tort claims; lump sum and other
purposes; and lump sum operations. For the purpose of this
subsection (c-3), "State agency" does not include the Attorney
General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
    (c-4) Special provisions for State fiscal year 2018.
Notwithstanding any other provision of this Section, for State
fiscal year 2018, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2018
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2018. For the purpose of this subsection
(c-4), "operational or lump sum expenses" includes the
following objects: personal services; extra help; student and
inmate compensation; State contributions to retirement
systems; State contributions to social security; State
contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-4), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
    (c-5) Special provisions for State fiscal year 2019.
Notwithstanding any other provision of this Section, for State
fiscal year 2019, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2019
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2019. For the purpose of this subsection
(c-5), "operational or lump sum expenses" includes the
following objects: personal services; extra help; student and
inmate compensation; State contributions to retirement
systems; State contributions to social security; State
contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-5), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
    (d) Transfers among appropriations made to agencies of the
Legislative and Judicial departments and to the
constitutionally elected officers in the Executive branch
require the approval of the officer authorized in Section 10 of
this Act to approve and certify vouchers. Transfers among
appropriations made to the University of Illinois, Southern
Illinois University, Chicago State University, Eastern
Illinois University, Governors State University, Illinois
State University, Northeastern Illinois University, Northern
Illinois University, Western Illinois University, the Illinois
Mathematics and Science Academy and the Board of Higher
Education require the approval of the Board of Higher Education
and the Governor. Transfers among appropriations to all other
agencies require the approval of the Governor.
    The officer responsible for approval shall certify that the
transfer is necessary to carry out the programs and purposes
for which the appropriations were made by the General Assembly
and shall transmit to the State Comptroller a certified copy of
the approval which shall set forth the specific amounts
transferred so that the Comptroller may change his records
accordingly. The Comptroller shall furnish the Governor with
information copies of all transfers approved for agencies of
the Legislative and Judicial departments and transfers
approved by the constitutionally elected officials of the
Executive branch other than the Governor, showing the amounts
transferred and indicating the dates such changes were entered
on the Comptroller's records.
    (e) The State Board of Education, in consultation with the
State Comptroller, may transfer line item appropriations for
General State Aid or Evidence-Based Funding between the Common
School Fund and the Education Assistance Fund. With the advice
and consent of the Governor's Office of Management and Budget,
the State Board of Education, in consultation with the State
Comptroller, may transfer line item appropriations between the
General Revenue Fund and the Education Assistance Fund for the
following programs:
        (1) Disabled Student Personnel Reimbursement (Section
    14-13.01 of the School Code);
        (2) Disabled Student Transportation Reimbursement
    (subsection (b) of Section 14-13.01 of the School Code);
        (3) Disabled Student Tuition - Private Tuition
    (Section 14-7.02 of the School Code);
        (4) Extraordinary Special Education (Section 14-7.02b
    of the School Code);
        (5) Reimbursement for Free Lunch/Breakfast Programs;
        (6) Summer School Payments (Section 18-4.3 of the
    School Code);
        (7) Transportation - Regular/Vocational Reimbursement
    (Section 29-5 of the School Code);
        (8) Regular Education Reimbursement (Section 18-3 of
    the School Code); and
        (9) Special Education Reimbursement (Section 14-7.03
    of the School Code).
(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
eff. 8-31-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18;
100-1064, eff. 8-24-18; revised 10-9-18.)
 
    Section 240. The General Obligation Bond Act is amended by
changing Sections 9 and 11 as follows:
 
    (30 ILCS 330/9)  (from Ch. 127, par. 659)
    Sec. 9. Conditions for issuance and sale of Bonds;
requirements for Bonds.
    (a) Except as otherwise provided in this subsection,
subsection (h), and subsection (i), Bonds shall be issued and
sold from time to time, in one or more series, in such amounts
and at such prices as may be directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. Bonds shall be in such form (either
coupon, registered or book entry), in such denominations,
payable within 25 years from their date, subject to such terms
of redemption with or without premium, bear interest payable at
such times and at such fixed or variable rate or rates, and be
dated as shall be fixed and determined by the Director of the
Governor's Office of Management and Budget in the order
authorizing the issuance and sale of any series of Bonds, which
order shall be approved by the Governor and is herein called a
"Bond Sale Order"; provided however, that interest payable at
fixed or variable rates shall not exceed that permitted in the
Bond Authorization Act, as now or hereafter amended. Bonds
shall be payable at such place or places, within or without the
State of Illinois, and may be made registrable as to either
principal or as to both principal and interest, as shall be
specified in the Bond Sale Order. Bonds may be callable or
subject to purchase and retirement or tender and remarketing as
fixed and determined in the Bond Sale Order. Bonds, other than
Bonds issued under Section 3 of this Act for the costs
associated with the purchase and implementation of information
technology, (i) except for refunding Bonds satisfying the
requirements of Section 16 of this Act and sold during fiscal
year 2009, 2010, 2011, 2017, 2018, or 2019 must be issued with
principal or mandatory redemption amounts in equal amounts,
with the first maturity issued occurring within the fiscal year
in which the Bonds are issued or within the next succeeding
fiscal year and (ii) must mature or be subject to mandatory
redemption each fiscal year thereafter up to 25 years, except
for refunding Bonds satisfying the requirements of Section 16
of this Act and sold during fiscal year 2009, 2010, or 2011
which must mature or be subject to mandatory redemption each
fiscal year thereafter up to 16 years. Bonds issued under
Section 3 of this Act for the costs associated with the
purchase and implementation of information technology must be
issued with principal or mandatory redemption amounts in equal
amounts, with the first maturity issued occurring with the
fiscal year in which the respective bonds are issued or with
the next succeeding fiscal year, with the respective bonds
issued maturing or subject to mandatory redemption each fiscal
year thereafter up to 10 years. Notwithstanding any provision
of this Act to the contrary, the Bonds authorized by Public Act
96-43 shall be payable within 5 years from their date and must
be issued with principal or mandatory redemption amounts in
equal amounts, with payment of principal or mandatory
redemption beginning in the first fiscal year following the
fiscal year in which the Bonds are issued.
    Notwithstanding any provision of this Act to the contrary,
the Bonds authorized by Public Act 96-1497 shall be payable
within 8 years from their date and shall be issued with payment
of maturing principal or scheduled mandatory redemptions in
accordance with the following schedule, except the following
amounts shall be prorated if less than the total additional
amount of Bonds authorized by Public Act 96-1497 are issued:
    Fiscal Year After Issuance    Amount
        1-2                        $0 
        3                          $110,712,120
        4                          $332,136,360
        5                          $664,272,720
        6-8                        $996,409,080
    Notwithstanding any provision of this Act to the contrary,
Income Tax Proceed Bonds issued under Section 7.6 shall be
payable 12 years from the date of sale and shall be issued with
payment of principal or mandatory redemption.
    In the case of any series of Bonds bearing interest at a
variable interest rate ("Variable Rate Bonds"), in lieu of
determining the rate or rates at which such series of Variable
Rate Bonds shall bear interest and the price or prices at which
such Variable Rate Bonds shall be initially sold or remarketed
(in the event of purchase and subsequent resale), the Bond Sale
Order may provide that such interest rates and prices may vary
from time to time depending on criteria established in such
Bond Sale Order, which criteria may include, without
limitation, references to indices or variations in interest
rates as may, in the judgment of a remarketing agent, be
necessary to cause Variable Rate Bonds of such series to be
remarketable from time to time at a price equal to their
principal amount, and may provide for appointment of a bank,
trust company, investment bank, or other financial institution
to serve as remarketing agent in that connection. The Bond Sale
Order may provide that alternative interest rates or provisions
for establishing alternative interest rates, different
security or claim priorities, or different call or amortization
provisions will apply during such times as Variable Rate Bonds
of any series are held by a person providing credit or
liquidity enhancement arrangements for such Bonds as
authorized in subsection (b) of this Section. The Bond Sale
Order may also provide for such variable interest rates to be
established pursuant to a process generally known as an auction
rate process and may provide for appointment of one or more
financial institutions to serve as auction agents and
broker-dealers in connection with the establishment of such
interest rates and the sale and remarketing of such Bonds.
    (b) In connection with the issuance of any series of Bonds,
the State may enter into arrangements to provide additional
security and liquidity for such Bonds, including, without
limitation, bond or interest rate insurance or letters of
credit, lines of credit, bond purchase contracts, or other
arrangements whereby funds are made available to retire or
purchase Bonds, thereby assuring the ability of owners of the
Bonds to sell or redeem their Bonds. The State may enter into
contracts and may agree to pay fees to persons providing such
arrangements, but only under circumstances where the Director
of the Governor's Office of Management and Budget certifies
that he or she reasonably expects the total interest paid or to
be paid on the Bonds, together with the fees for the
arrangements (being treated as if interest), would not, taken
together, cause the Bonds to bear interest, calculated to their
stated maturity, at a rate in excess of the rate that the Bonds
would bear in the absence of such arrangements.
    The State may, with respect to Bonds issued or anticipated
to be issued, participate in and enter into arrangements with
respect to interest rate protection or exchange agreements,
guarantees, or financial futures contracts for the purpose of
limiting, reducing, or managing interest rate exposure. The
authority granted under this paragraph, however, shall not
increase the principal amount of Bonds authorized to be issued
by law. The arrangements may be executed and delivered by the
Director of the Governor's Office of Management and Budget on
behalf of the State. Net payments for such arrangements shall
constitute interest on the Bonds and shall be paid from the
General Obligation Bond Retirement and Interest Fund. The
Director of the Governor's Office of Management and Budget
shall at least annually certify to the Governor and the State
Comptroller his or her estimate of the amounts of such net
payments to be included in the calculation of interest required
to be paid by the State.
    (c) Prior to the issuance of any Variable Rate Bonds
pursuant to subsection (a), the Director of the Governor's
Office of Management and Budget shall adopt an interest rate
risk management policy providing that the amount of the State's
variable rate exposure with respect to Bonds shall not exceed
20%. This policy shall remain in effect while any Bonds are
outstanding and the issuance of Bonds shall be subject to the
terms of such policy. The terms of this policy may be amended
from time to time by the Director of the Governor's Office of
Management and Budget but in no event shall any amendment cause
the permitted level of the State's variable rate exposure with
respect to Bonds to exceed 20%.
    (d) "Build America Bonds" in this Section means Bonds
authorized by Section 54AA of the Internal Revenue Code of
1986, as amended ("Internal Revenue Code"), and bonds issued
from time to time to refund or continue to refund "Build
America Bonds".
    (e) Notwithstanding any other provision of this Section,
Qualified School Construction Bonds shall be issued and sold
from time to time, in one or more series, in such amounts and
at such prices as may be directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. Qualified School Construction Bonds
shall be in such form (either coupon, registered or book
entry), in such denominations, payable within 25 years from
their date, subject to such terms of redemption with or without
premium, and if the Qualified School Construction Bonds are
issued with a supplemental coupon, bear interest payable at
such times and at such fixed or variable rate or rates, and be
dated as shall be fixed and determined by the Director of the
Governor's Office of Management and Budget in the order
authorizing the issuance and sale of any series of Qualified
School Construction Bonds, which order shall be approved by the
Governor and is herein called a "Bond Sale Order"; except that
interest payable at fixed or variable rates, if any, shall not
exceed that permitted in the Bond Authorization Act, as now or
hereafter amended. Qualified School Construction Bonds shall
be payable at such place or places, within or without the State
of Illinois, and may be made registrable as to either principal
or as to both principal and interest, as shall be specified in
the Bond Sale Order. Qualified School Construction Bonds may be
callable or subject to purchase and retirement or tender and
remarketing as fixed and determined in the Bond Sale Order.
Qualified School Construction Bonds must be issued with
principal or mandatory redemption amounts or sinking fund
payments into the General Obligation Bond Retirement and
Interest Fund (or subaccount therefor) in equal amounts, with
the first maturity issued, mandatory redemption payment or
sinking fund payment occurring within the fiscal year in which
the Qualified School Construction Bonds are issued or within
the next succeeding fiscal year, with Qualified School
Construction Bonds issued maturing or subject to mandatory
redemption or with sinking fund payments thereof deposited each
fiscal year thereafter up to 25 years. Sinking fund payments
set forth in this subsection shall be permitted only to the
extent authorized in Section 54F of the Internal Revenue Code
or as otherwise determined by the Director of the Governor's
Office of Management and Budget. "Qualified School
Construction Bonds" in this subsection means Bonds authorized
by Section 54F of the Internal Revenue Code and for bonds
issued from time to time to refund or continue to refund such
"Qualified School Construction Bonds".
    (f) Beginning with the next issuance by the Governor's
Office of Management and Budget to the Procurement Policy Board
of a request for quotation for the purpose of formulating a new
pool of qualified underwriting banks list, all entities
responding to such a request for quotation for inclusion on
that list shall provide a written report to the Governor's
Office of Management and Budget and the Illinois Comptroller.
The written report submitted to the Comptroller shall (i) be
published on the Comptroller's Internet website and (ii) be
used by the Governor's Office of Management and Budget for the
purposes of scoring such a request for quotation. The written
report, at a minimum, shall:
        (1) disclose whether, within the past 3 months,
    pursuant to its credit default swap market-making
    activities, the firm has entered into any State of Illinois
    credit default swaps ("CDS");
        (2) include, in the event of State of Illinois CDS
    activity, disclosure of the firm's cumulative notional
    volume of State of Illinois CDS trades and the firm's
    outstanding gross and net notional amount of State of
    Illinois CDS, as of the end of the current 3-month period;
        (3) indicate, pursuant to the firm's proprietary
    trading activities, disclosure of whether the firm, within
    the past 3 months, has entered into any proprietary trades
    for its own account in State of Illinois CDS;
        (4) include, in the event of State of Illinois
    proprietary trades, disclosure of the firm's outstanding
    gross and net notional amount of proprietary State of
    Illinois CDS and whether the net position is short or long
    credit protection, as of the end of the current 3-month
    period;
        (5) list all time periods during the past 3 months
    during which the firm held net long or net short State of
    Illinois CDS proprietary credit protection positions, the
    amount of such positions, and whether those positions were
    net long or net short credit protection positions; and
        (6) indicate whether, within the previous 3 months, the
    firm released any publicly available research or marketing
    reports that reference State of Illinois CDS and include
    those research or marketing reports as attachments.
    (g) All entities included on a Governor's Office of
Management and Budget's pool of qualified underwriting banks
list shall, as soon as possible after March 18, 2011 (the
effective date of Public Act 96-1554), but not later than
January 21, 2011, and on a quarterly fiscal basis thereafter,
provide a written report to the Governor's Office of Management
and Budget and the Illinois Comptroller. The written reports
submitted to the Comptroller shall be published on the
Comptroller's Internet website. The written reports, at a
minimum, shall:
        (1) disclose whether, within the past 3 months,
    pursuant to its credit default swap market-making
    activities, the firm has entered into any State of Illinois
    credit default swaps ("CDS");
        (2) include, in the event of State of Illinois CDS
    activity, disclosure of the firm's cumulative notional
    volume of State of Illinois CDS trades and the firm's
    outstanding gross and net notional amount of State of
    Illinois CDS, as of the end of the current 3-month period;
        (3) indicate, pursuant to the firm's proprietary
    trading activities, disclosure of whether the firm, within
    the past 3 months, has entered into any proprietary trades
    for its own account in State of Illinois CDS;
        (4) include, in the event of State of Illinois
    proprietary trades, disclosure of the firm's outstanding
    gross and net notional amount of proprietary State of
    Illinois CDS and whether the net position is short or long
    credit protection, as of the end of the current 3-month
    period;
        (5) list all time periods during the past 3 months
    during which the firm held net long or net short State of
    Illinois CDS proprietary credit protection positions, the
    amount of such positions, and whether those positions were
    net long or net short credit protection positions; and
        (6) indicate whether, within the previous 3 months, the
    firm released any publicly available research or marketing
    reports that reference State of Illinois CDS and include
    those research or marketing reports as attachments.
    (h) Notwithstanding any other provision of this Section,
for purposes of maximizing market efficiencies and cost
savings, Income Tax Proceed Bonds may be issued and sold from
time to time, in one or more series, in such amounts and at
such prices as may be directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. Income Tax Proceed Bonds shall be in
such form, either coupon, registered, or book entry, in such
denominations, shall bear interest payable at such times and at
such fixed or variable rate or rates, and be dated as shall be
fixed and determined by the Director of the Governor's Office
of Management and Budget in the order authorizing the issuance
and sale of any series of Income Tax Proceed Bonds, which order
shall be approved by the Governor and is herein called a "Bond
Sale Order"; provided, however, that interest payable at fixed
or variable rates shall not exceed that permitted in the Bond
Authorization Act. Income Tax Proceed Bonds shall be payable at
such place or places, within or without the State of Illinois,
and may be made registrable as to either principal or as to
both principal and interest, as shall be specified in the Bond
Sale Order. Income Tax Proceed Bonds may be callable or subject
to purchase and retirement or tender and remarketing as fixed
and determined in the Bond Sale Order.
    (i) Notwithstanding any other provision of this Section,
for purposes of maximizing market efficiencies and cost
savings, State Pension Obligation Acceleration Bonds may be
issued and sold from time to time, in one or more series, in
such amounts and at such prices as may be directed by the
Governor, upon recommendation by the Director of the Governor's
Office of Management and Budget. State Pension Obligation
Acceleration Bonds shall be in such form, either coupon,
registered, or book entry, in such denominations, shall bear
interest payable at such times and at such fixed or variable
rate or rates, and be dated as shall be fixed and determined by
the Director of the Governor's Office of Management and Budget
in the order authorizing the issuance and sale of any series of
State Pension Obligation Acceleration Bonds, which order shall
be approved by the Governor and is herein called a "Bond Sale
Order"; provided, however, that interest payable at fixed or
variable rates shall not exceed that permitted in the Bond
Authorization Act. State Pension Obligation Acceleration Bonds
shall be payable at such place or places, within or without the
State of Illinois, and may be made registrable as to either
principal or as to both principal and interest, as shall be
specified in the Bond Sale Order. State Pension Obligation
Acceleration Bonds may be callable or subject to purchase and
retirement or tender and remarketing as fixed and determined in
the Bond Sale Order.
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
7-6-17; 100-587, Article 60, Section 60-5, eff. 6-4-18;
100-587, Article 110, Section 110-15, eff. 6-4-18; 100-863,
eff. 8-14-18; revised 10-17-18.)
 
    (30 ILCS 330/11)  (from Ch. 127, par. 661)
    Sec. 11. Sale of Bonds. Except as otherwise provided in
this Section, Bonds shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as is directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year, shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; provided that all Bonds authorized by
Public Act 96-43 and Public Act 96-1497 shall not be included
in determining compliance for any fiscal year with the
requirements of the preceding 2 sentences; and further provided
that refunding Bonds satisfying the requirements of Section 16
of this Act and sold during fiscal year 2009, 2010, 2011, 2017,
2018, or 2019 shall not be subject to the requirements in the
preceding 2 sentences.
    If any Bonds, including refunding Bonds, are to be sold by
negotiated sale, the Director of the Governor's Office of
Management and Budget shall comply with the competitive request
for proposal process set forth in the Illinois Procurement Code
and all other applicable requirements of that Code.
    If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may, from time to time, as Bonds are to be sold,
advertise the sale of the Bonds in at least 2 daily newspapers,
one of which is published in the City of Springfield and one in
the City of Chicago. The sale of the Bonds shall also be
advertised in the volume of the Illinois Procurement Bulletin
that is published by the Department of Central Management
Services, and shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of such
change; provided, however, that all other conditions of the
sale shall continue as originally advertised.
    Executed Bonds shall, upon payment therefor, be delivered
to the purchaser, and the proceeds of Bonds shall be paid into
the State Treasury as directed by Section 12 of this Act.
    All Income Tax Proceed Bonds shall comply with this
Section. Notwithstanding anything to the contrary, however,
for purposes of complying with this Section, Income Tax Proceed
Bonds, regardless of the number of series or issuances sold
thereunder, shall be considered a single issue or series.
Furthermore, for purposes of complying with the competitive
bidding requirements of this Section, the words "at all times"
shall not apply to any such sale of the Income Tax Proceed
Bonds. The Director of the Governor's Office of Management and
Budget shall determine the time and manner of any competitive
sale of the Income Tax Proceed Bonds; however, that sale shall
under no circumstances take place later than 60 days after the
State closes the sale of 75% of the Income Tax Proceed Bonds by
negotiated sale.
    All State Pension Obligation Acceleration Bonds shall
comply with this Section. Notwithstanding anything to the
contrary, however, for purposes of complying with this Section,
State Pension Obligation Acceleration Bonds, regardless of the
number of series or issuances sold thereunder, shall be
considered a single issue or series. Furthermore, for purposes
of complying with the competitive bidding requirements of this
Section, the words "at all times" shall not apply to any such
sale of the State Pension Obligation Acceleration Bonds. The
Director of the Governor's Office of Management and Budget
shall determine the time and manner of any competitive sale of
the State Pension Obligation Acceleration Bonds; however, that
sale shall under no circumstances take place later than 60 days
after the State closes the sale of 75% of the State Pension
Obligation Acceleration Bonds by negotiated sale.
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
7-6-17; 100-587, Article 60, Section 60-5, eff. 6-4-18;
100-587, Article 110, Section 110-15, eff. 6-4-18; 100-863,
eff. 8-4-18; revised 10-10-18.)
 
    Section 245. The Illinois Procurement Code is amended by
changing Sections 1-10, 1-15.100, 20-60, 20-160, and 50-13 as
follows:
 
    (30 ILCS 500/1-10)
    Sec. 1-10. Application.
    (a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any provision
of a contract, entered into based on a solicitation prior to
the implementation date of this Code as described in Article
99, including but not limited to any covenant entered into with
respect to any revenue bonds or similar instruments. All
procurements for which contracts are solicited between the
effective date of Articles 50 and 99 and July 1, 1998 shall be
substantially in accordance with this Code and its intent.
    (b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
        (1) Contracts between the State and its political
    subdivisions or other governments, or between State
    governmental bodies, except as specifically provided in
    this Code.
        (2) Grants, except for the filing requirements of
    Section 20-80.
        (3) Purchase of care, except as provided in Section
    5-30.6 of the Illinois Public Aid Code and this Section.
        (4) Hiring of an individual as employee and not as an
    independent contractor, whether pursuant to an employment
    code or policy or by contract directly with that
    individual.
        (5) Collective bargaining contracts.
        (6) Purchase of real estate, except that notice of this
    type of contract with a value of more than $25,000 must be
    published in the Procurement Bulletin within 10 calendar
    days after the deed is recorded in the county of
    jurisdiction. The notice shall identify the real estate
    purchased, the names of all parties to the contract, the
    value of the contract, and the effective date of the
    contract.
        (7) Contracts necessary to prepare for anticipated
    litigation, enforcement actions, or investigations,
    provided that the chief legal counsel to the Governor shall
    give his or her prior approval when the procuring agency is
    one subject to the jurisdiction of the Governor, and
    provided that the chief legal counsel of any other
    procuring entity subject to this Code shall give his or her
    prior approval when the procuring entity is not one subject
    to the jurisdiction of the Governor.
        (8) (Blank).
        (9) Procurement expenditures by the Illinois
    Conservation Foundation when only private funds are used.
        (10) (Blank).
        (11) Public-private agreements entered into according
    to the procurement requirements of Section 20 of the
    Public-Private Partnerships for Transportation Act and
    design-build agreements entered into according to the
    procurement requirements of Section 25 of the
    Public-Private Partnerships for Transportation Act.
        (12) Contracts for legal, financial, and other
    professional and artistic services entered into on or
    before December 31, 2018 by the Illinois Finance Authority
    in which the State of Illinois is not obligated. Such
    contracts shall be awarded through a competitive process
    authorized by the Board of the Illinois Finance Authority
    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
    50-35, and 50-37 of this Code, as well as the final
    approval by the Board of the Illinois Finance Authority of
    the terms of the contract.
        (13) Contracts for services, commodities, and
    equipment to support the delivery of timely forensic
    science services in consultation with and subject to the
    approval of the Chief Procurement Officer as provided in
    subsection (d) of Section 5-4-3a of the Unified Code of
    Corrections, except for the requirements of Sections
    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
    Code; however, the Chief Procurement Officer may, in
    writing with justification, waive any certification
    required under Article 50 of this Code. For any contracts
    for services which are currently provided by members of a
    collective bargaining agreement, the applicable terms of
    the collective bargaining agreement concerning
    subcontracting shall be followed.
        On and after January 1, 2019, this paragraph (13),
    except for this sentence, is inoperative.
        (14) Contracts for participation expenditures required
    by a domestic or international trade show or exhibition of
    an exhibitor, member, or sponsor.
        (15) Contracts with a railroad or utility that requires
    the State to reimburse the railroad or utilities for the
    relocation of utilities for construction or other public
    purpose. Contracts included within this paragraph (15)
    shall include, but not be limited to, those associated
    with: relocations, crossings, installations, and
    maintenance. For the purposes of this paragraph (15),
    "railroad" means any form of non-highway ground
    transportation that runs on rails or electromagnetic
    guideways and "utility" means: (1) public utilities as
    defined in Section 3-105 of the Public Utilities Act, (2)
    telecommunications carriers as defined in Section 13-202
    of the Public Utilities Act, (3) electric cooperatives as
    defined in Section 3.4 of the Electric Supplier Act, (4)
    telephone or telecommunications cooperatives as defined in
    Section 13-212 of the Public Utilities Act, (5) rural water
    or waste water systems with 10,000 connections or less, (6)
    a holder as defined in Section 21-201 of the Public
    Utilities Act, and (7) municipalities owning or operating
    utility systems consisting of public utilities as that term
    is defined in Section 11-117-2 of the Illinois Municipal
    Code.
        (16) Procurement expenditures necessary for the
    Department of Public Health to provide the delivery of
    timely newborn screening services in accordance with the
    Newborn Metabolic Screening Act.
        (17) (16) Procurement expenditures necessary for the
    Department of Agriculture, the Department of Financial and
    Professional Regulation, the Department of Human Services,
    and the Department of Public Health to implement the
    Compassionate Use of Medical Cannabis Pilot Program and
    Opioid Alternative Pilot Program requirements and ensure
    access to medical cannabis for patients with debilitating
    medical conditions in accordance with the Compassionate
    Use of Medical Cannabis Pilot Program Act.
    Notwithstanding any other provision of law, for contracts
entered into on or after October 1, 2017 under an exemption
provided in any paragraph of this subsection (b), except
paragraph (1), (2), or (5), each State agency shall post to the
appropriate procurement bulletin the name of the contractor, a
description of the supply or service provided, the total amount
of the contract, the term of the contract, and the exception to
the Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the chief
procurement officer.
    (c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
    (d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
    (e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220 of
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or
the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
    (f) (Blank).
    (g) (Blank).
    (h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
    (i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
    (j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
    (k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
    (l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the Illinois
Prepaid Tuition Trust Fund and the earnings thereon.
(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
8-28-18; revised 10-18-18.)
 
    (30 ILCS 500/1-15.100)
    Sec. 1-15.100. State agency. "State agency" means and
includes all boards, commissions, agencies, institutions,
authorities, and bodies politic and corporate of the State,
created by or in accordance with the constitution or statute,
of the executive branch of State government and does include
colleges, universities, and institutions under the
jurisdiction of the governing boards of the University of
Illinois, Southern Illinois University, Illinois State
University, Eastern Illinois University, Northern Illinois
University, Western Illinois University, Chicago State
University, Governors Governor State University, Northeastern
Illinois University, and the Board of Higher Education.
However, this term does not apply to public employee retirement
systems or investment boards that are subject to fiduciary
duties imposed by the Illinois Pension Code or to the
University of Illinois Foundation. "State agency" does not
include units of local government, school districts, community
colleges under the Public Community College Act, and the
Illinois Comprehensive Health Insurance Board.
(Source: P.A. 90-572, eff. 2-6-98; revised 10-11-18.)
 
    (30 ILCS 500/20-60)
    Sec. 20-60. Duration of contracts.
    (a) Maximum duration. A contract may be entered into for
any period of time deemed to be in the best interests of the
State but not exceeding 10 years inclusive, beginning January
1, 2010, of proposed contract renewals. Third parties may lease
State-owned dark fiber networks for any period of time deemed
to be in the best interest of the State, but not exceeding 20
years. The length of a lease for real property or capital
improvements shall be in accordance with the provisions of
Section 40-25. The length of energy conservation program
contracts or energy savings contracts or leases shall be in
accordance with the provisions of Section 25-45. A contract for
bond or mortgage insurance awarded by the Illinois Housing
Development Authority, however, may be entered into for any
period of time less than or equal to the maximum period of time
that the subject bond or mortgage may remain outstanding.
    (b) Subject to appropriation. All contracts made or entered
into shall recite that they are subject to termination and
cancellation in any year for which the General Assembly fails
to make an appropriation to make payments under the terms of
the contract.
    (c) The chief procurement officer shall file a proposed
extension or renewal of a contract with the Procurement Policy
Board prior to entering into any extension or renewal if the
cost associated with the extension or renewal exceeds $249,999.
The Procurement Policy Board may object to the proposed
extension or renewal within 30 calendar days and require a
hearing before the Board prior to entering into the extension
or renewal. If the Procurement Policy Board does not object
within 30 calendar days or takes affirmative action to
recommend the extension or renewal, the chief procurement
officer may enter into the extension or renewal of a contract.
This subsection does not apply to any emergency procurement,
any procurement under Article 40, or any procurement exempted
by Section 1-10(b) of this Code. If any State agency contract
is paid for in whole or in part with federal-aid funds, grants,
or loans and the provisions of this subsection would result in
the loss of those federal-aid funds, grants, or loans, then the
contract is exempt from the provisions of this subsection in
order to remain eligible for those federal-aid funds, grants,
or loans, and the State agency shall file notice of this
exemption with the Procurement Policy Board prior to entering
into the proposed extension or renewal. Nothing in this
subsection permits a chief procurement officer to enter into an
extension or renewal in violation of subsection (a). By August
1 each year, the Procurement Policy Board shall file a report
with the General Assembly identifying for the previous fiscal
year (i) the proposed extensions or renewals that were filed
with the Board and whether the Board objected and (ii) the
contracts exempt from this subsection.
    (d) Notwithstanding the provisions of subsection (a) of
this Section, the Department of Innovation and Technology may
enter into leases for dark fiber networks for any period of
time deemed to be in the best interests of the State but not
exceeding 20 years inclusive. The Department of Innovation and
Technology may lease dark fiber networks from third parties
only for the primary purpose of providing services to (i) to
the offices of Governor, Lieutenant Governor, Attorney
General, Secretary of State, Comptroller, or Treasurer and
State agencies, as defined under Section 5-15 of the Civil
Administrative Code of Illinois or (ii) for anchor
institutions, as defined in Section 7 of the Illinois Century
Network Act. Dark fiber network lease contracts shall be
subject to all other provisions of this Code and any applicable
rules or requirements, including, but not limited to,
publication of lease solicitations, use of standard State
contracting terms and conditions, and approval of vendor
certifications and financial disclosures.
    (e) As used in this Section, "dark fiber network" means a
network of fiber optic cables laid but currently unused by a
third party that the third party is leasing for use as network
infrastructure.
(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
revised 10-11-18.)
 
    (30 ILCS 500/20-160)
    Sec. 20-160. Business entities; certification;
registration with the State Board of Elections.
    (a) For purposes of this Section, the terms "business
entity", "contract", "State contract", "contract with a State
agency", "State agency", "affiliated entity", and "affiliated
person" have the meanings ascribed to those terms in Section
50-37.
    (b) Every bid and offer submitted to and every contract
executed by the State on or after January 1, 2009 (the
effective date of Public Act 95-971) and every submission to a
vendor portal shall contain (1) a certification by the bidder,
offeror, vendor, or contractor that either (i) the bidder,
offeror, vendor, or contractor is not required to register as a
business entity with the State Board of Elections pursuant to
this Section or (ii) the bidder, offeror, vendor, or contractor
has registered as a business entity with the State Board of
Elections and acknowledges a continuing duty to update the
registration and (2) a statement that the contract is voidable
under Section 50-60 for the bidder's, offeror's, vendor's, or
contractor's failure to comply with this Section.
    (c) Each business entity (i) whose aggregate bids and
proposals on State contracts annually total more than $50,000,
(ii) whose aggregate bids and proposals on State contracts
combined with the business entity's aggregate annual total
value of State contracts exceed $50,000, or (iii) whose
contracts with State agencies, in the aggregate, annually total
more than $50,000 shall register with the State Board of
Elections in accordance with Section 9-35 of the Election Code.
A business entity required to register under this subsection
due to item (i) or (ii) has a continuing duty to ensure that
the registration is accurate during the period beginning on the
date of registration and ending on the day after the date the
contract is awarded; any change in information must be reported
to the State Board of Elections 5 business days following such
change or no later than a day before the contract is awarded,
whichever date is earlier. A business entity required to
register under this subsection due to item (iii) has a
continuing duty to ensure that the registration is accurate in
accordance with subsection (e).
    (d) Any business entity, not required under subsection (c)
to register, whose aggregate bids and proposals on State
contracts annually total more than $50,000, or whose aggregate
bids and proposals on State contracts combined with the
business entity's aggregate annual total value of State
contracts exceed $50,000, shall register with the State Board
of Elections in accordance with Section 9-35 of the Election
Code prior to submitting to a State agency the bid or proposal
whose value causes the business entity to fall within the
monetary description of this subsection. A business entity
required to register under this subsection has a continuing
duty to ensure that the registration is accurate during the
period beginning on the date of registration and ending on the
day after the date the contract is awarded. Any change in
information must be reported to the State Board of Elections
within 5 business days following such change or no later than a
day before the contract is awarded, whichever date is earlier.
    (e) A business entity whose contracts with State agencies,
in the aggregate, annually total more than $50,000 must
maintain its registration under this Section and has a
continuing duty to ensure that the registration is accurate for
the duration of the term of office of the incumbent
officeholder awarding the contracts or for a period of 2 years
following the expiration or termination of the contracts,
whichever is longer. A business entity, required to register
under this subsection, has a continuing duty to report any
changes on a quarterly basis to the State Board of Elections
within 14 calendar days following the last day of January,
April, July, and October of each year. Any update pursuant to
this paragraph that is received beyond that date is presumed
late and the civil penalty authorized by subsection (e) of
Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
assessed.
    Also, if a business entity required to register under this
subsection has a pending bid or offer, any change in
information shall be reported to the State Board of Elections
within 7 calendar days following such change or no later than a
day before the contract is awarded, whichever date is earlier.
    (f) A business entity's continuing duty under this Section
to ensure the accuracy of its registration includes the
requirement that the business entity notify the State Board of
Elections of any change in information, including, but not
limited to, changes of affiliated entities or affiliated
persons.
    (g) For any bid or offer for a contract with a State agency
by a business entity required to register under this Section,
the chief procurement officer shall verify that the business
entity is required to register under this Section and is in
compliance with the registration requirements on the date the
bid or offer is due. A chief procurement officer shall not
accept a bid or offer if the business entity is not in
compliance with the registration requirements as of the date
bids or offers are due. Upon discovery of noncompliance with
this Section, if the bidder or offeror made a good faith effort
to comply with registration efforts prior to the date the bid
or offer is due, a chief procurement officer may provide the
bidder or offeror 5 business days to achieve compliance. A
chief procurement officer may extend the time to prove
compliance by as long as necessary in the event that there is a
failure within the State Board of Elections' Election's
registration system.
    (h) A registration, and any changes to a registration, must
include the business entity's verification of accuracy and
subjects the business entity to the penalties of the laws of
this State for perjury.
    In addition to any penalty under Section 9-35 of the
Election Code, intentional, willful, or material failure to
disclose information required for registration shall render
the contract, bid, offer, or other procurement relationship
voidable by the chief procurement officer if he or she deems it
to be in the best interest of the State of Illinois.
    (i) This Section applies regardless of the method of source
selection used in awarding the contract.
(Source: P.A. 100-43, eff. 8-9-17; revised 10-11-18.)
 
    (30 ILCS 500/50-13)
    Sec. 50-13. Conflicts of interest.
    (a) Prohibition. It is unlawful for any person holding an
elective office in this State, holding a seat in the General
Assembly, or appointed to or employed in any of the offices or
agencies of State government and who receives compensation for
such employment in excess of 60% of the salary of the Governor
of the State of Illinois, or who is an officer or employee of
the Capital Development Board or the Illinois Toll Highway
Authority, or who is the spouse or minor child of any such
person to have or acquire any contract, or any direct pecuniary
interest in any contract therein, whether for stationery,
printing, paper, or any services, materials, or supplies, that
will be wholly or partially satisfied by the payment of funds
appropriated by the General Assembly of the State of Illinois
or in any contract of the Capital Development Board or the
Illinois Toll Highway Authority.
    (b) Interests. It is unlawful for any firm, partnership,
association, or corporation, in which any person listed in
subsection (a) is entitled to receive (i) more than 7 1/2% of
the total distributable income or (ii) an amount in excess of
the salary of the Governor, to have or acquire any such
contract or direct pecuniary interest therein.
    (c) Combined interests. It is unlawful for any firm,
partnership, association, or corporation, in which any person
listed in subsection (a) together with his or her spouse or
minor children is entitled to receive (i) more than 15%, in the
aggregate, of the total distributable income or (ii) an amount
in excess of 2 times the salary of the Governor, to have or
acquire any such contract or direct pecuniary interest therein.
    (c-5) Appointees and firms. In addition to any provisions
of this Code, the interests of certain appointees and their
firms are subject to Section 3A-35 of the Illinois Governmental
Ethics Act.
    (d) Securities. Nothing in this Section invalidates the
provisions of any bond or other security previously offered or
to be offered for sale or sold by or for the State of Illinois.
    (e) Prior interests. This Section does not affect the
validity of any contract made between the State and an officer
or employee of the State or member of the General Assembly, his
or her spouse, minor child, or other immediate family member
living in his or her residence or any combination of those
persons if that contract was in existence before his or her
election or employment as an officer, member, or employee. The
contract is voidable, however, if it cannot be completed within
365 calendar days after the officer, member, or employee takes
office or is employed.
    (f) Exceptions.
        (1) Public aid payments. This Section does not apply to
    payments made for a public aid recipient.
        (2) Teaching. This Section does not apply to a contract
    for personal services as a teacher or school administrator
    between a member of the General Assembly or his or her
    spouse, or a State officer or employee or his or her
    spouse, and any school district, public community college
    district, the University of Illinois, Southern Illinois
    University, Illinois State University, Eastern Illinois
    University, Northern Illinois University, Western Illinois
    University, Chicago State University, Governors Governor
    State University, or Northeastern Illinois University.
        (3) Ministerial duties. This Section does not apply to
    a contract for personal services of a wholly ministerial
    character, including but not limited to services as a
    laborer, clerk, typist, stenographer, page, bookkeeper,
    receptionist, or telephone switchboard operator, made by a
    spouse or minor child of an elective or appointive State
    officer or employee or of a member of the General Assembly.
        (4) Child and family services. This Section does not
    apply to payments made to a member of the General Assembly,
    a State officer or employee, his or her spouse or minor
    child acting as a foster parent, homemaker, advocate, or
    volunteer for or in behalf of a child or family served by
    the Department of Children and Family Services.
        (5) Licensed professionals. Contracts with licensed
    professionals, provided they are competitively bid or part
    of a reimbursement program for specific, customary goods
    and services through the Department of Children and Family
    Services, the Department of Human Services, the Department
    of Healthcare and Family Services, the Department of Public
    Health, or the Department on Aging.
    (g) Penalty. A person convicted of a violation of this
Section is guilty of a business offense and shall be fined not
less than $1,000 nor more than $5,000.
(Source: P.A. 98-1076, eff. 1-1-15; revised 10-11-18.)
 
    Section 250. The State Prompt Payment Act is amended by
changing Section 8 as follows:
 
    (30 ILCS 540/8)
    Sec. 8. Vendor Payment Program.
    (a) As used in this Section:
        "Applicant" means any entity seeking to be designated
    as a qualified purchaser.
        "Application period" means the time period when the
    Program is accepting applications as determined by the
    Department of Central Management Services.
        "Assigned penalties" means penalties payable by the
    State in accordance with this Act that are assigned to the
    qualified purchaser of an assigned receivable.
        "Assigned receivable" means the base invoice amount of
    a qualified account receivable and any associated assigned
    penalties due, currently and in the future, in accordance
    with this Act.
        "Assignment agreement" means an agreement executed and
    delivered by a participating vendor and a qualified
    purchaser, in which the participating vendor will assign
    one or more qualified accounts receivable to the qualified
    purchaser and make certain representations and warranties
    in respect thereof.
        "Base invoice amount" means the unpaid principal
    amount of the invoice associated with an assigned
    receivable.
        "Department" means the Department of Central
    Management Services.
        "Medical assistance program" means any program which
    provides medical assistance under Article V of the Illinois
    Public Aid Code, including Medicaid.
        "Participating vendor" means a vendor whose
    application for the sale of a qualified account receivable
    is accepted for purchase by a qualified purchaser under the
    Program terms.
        "Program" means a Vendor Payment Program.
        "Prompt payment penalties" means penalties payable by
    the State in accordance with this Act.
        "Purchase price" means 100% of the base invoice amount
    associated with an assigned receivable minus: (1) any
    deductions against the assigned receivable arising from
    State offsets; and (2) if and to the extent exercised by a
    qualified purchaser, other deductions for amounts owed by
    the participating vendor to the qualified purchaser for
    State offsets applied against other accounts receivable
    assigned by the participating vendor to the qualified
    purchaser under the Program.
        "Qualified account receivable" means an account
    receivable due and payable by the State that is outstanding
    for 90 days or more, is eligible to accrue prompt payment
    penalties under this Act and is verified by the relevant
    State agency. A qualified account receivable shall not
    include any account receivable related to medical
    assistance program (including Medicaid) payments or any
    other accounts receivable, the transfer or assignment of
    which is prohibited by, or otherwise prevented by,
    applicable law.
        "Qualified purchaser" means any entity that, during
    any application period, is approved by the Department of
    Central Management Services to participate in the Program
    on the basis of certain qualifying criteria as determined
    by the Department.
        "State offsets" means any amount deducted from
    payments made by the State in respect of any qualified
    account receivable due to the State's exercise of any
    offset or other contractual rights against a participating
    vendor. For the purpose of this Section, "State offsets"
    include statutorily required administrative fees imposed
    under the State Comptroller Act.
        "Sub-participant" means any individual or entity that
    intends to purchase assigned receivables, directly or
    indirectly, by or through an applicant or qualified
    purchaser for the purposes of the Program.
        "Sub-participant certification" means an instrument
    executed and delivered to the Department of Central
    Management Services by a sub-participant, in which the
    sub-participant certifies its agreement, among others, to
    be bound by the terms and conditions of the Program as a
    condition to its participation in the Program as a
    sub-participant.
    (b) This Section reflects the provisions of Section 900.125
of Title 74 of the Illinois Administrative Code prior to
January 1, 2018. The requirements of this Section establish the
criteria for participation by participating vendors and
qualified purchasers in a Vendor Payment Program. Information
regarding the Vendor Payment Program may be found at the
Internet website for the Department of Central Management
Services.
    (c) The State Comptroller and the Department of Central
Management Services are authorized to establish and implement
the Program under Section 3-3. This Section applies to all
qualified accounts receivable not otherwise excluded from
receiving prompt payment interest under Section 900.120 of
Title 74 of the Illinois Administrative Code. This Section
shall not apply to the purchase of any accounts receivable
related to payments made under a medical assistance program,
including Medicaid payments, or any other purchase of accounts
receivable that is otherwise prohibited by law.
    (d) Under the Program, qualified purchasers may purchase
from participating vendors certain qualified accounts
receivable owed by the State to the participating vendors. A
participating vendor shall not simultaneously apply to sell the
same qualified account receivable to more than one qualified
purchaser. In consideration of the payment of the purchase
price, a participating vendor shall assign to the qualified
purchaser all of its rights to payment of the qualified account
receivable, including all current and future prompt payment
penalties due to that qualified account receivable in
accordance with this Act.
    (e) A vendor may apply to participate in the Program if:
        (1) the vendor is owed an account receivable by the
    State for which prompt payment penalties have commenced
    accruing;
        (2) the vendor's account receivable is eligible to
    accrue prompt payment penalty interest under this Act;
        (3) the vendor's account receivable is not for payments
    under a medical assistance program; and
        (4) the vendor's account receivable is not prohibited
    by, or otherwise prevented by, applicable law from being
    transferred or assigned under this Section.
    (f) The Department shall review and approve or disapprove
each applicant seeking a qualified purchaser designation.
Factors to be considered by the Department in determining
whether an applicant shall be designated as a qualified
purchaser include, but are not limited to, the following:
        (1) the qualified purchaser's agreement to commit a
    minimum purchase amount as established from time to time by
    the Department based upon the current needs of the Program
    and the qualified purchaser's demonstrated ability to fund
    its commitment;
        (2) the demonstrated ability of a qualified
    purchaser's sub-participants to fund their portions of a
    qualified purchaser's minimum purchase commitment;
        (3) the ability of a qualified purchaser and its
    sub-participants to meet standards of responsibility
    substantially in accordance with the requirements of the
    Standards of Responsibility found in subsection (b) of
    Section 1.2046 of Title 44 of the Illinois Administrative
    Code concerning government contracts, procurement, and
    property management;
        (4) the agreement of each qualified purchaser, at its
    sole cost and expense, to administer and facilitate the
    operation of the Program with respect to that qualified
    purchaser, including, without limitation, assisting
    potential participating vendors with the application and
    assignment process;
        (5) the agreement of each qualified purchaser, at its
    sole cost and expense, to establish a website that is
    determined by the Department to be sufficient to administer
    the Program in accordance with the terms and conditions of
    the Program;
        (6) the agreement of each qualified purchaser, at its
    sole cost and expense, to market the Program to potential
    participating vendors;
        (7) the agreement of each qualified purchaser, at its
    sole cost and expense, to educate participating vendors
    about the benefits and risks associated with participation
    in the Program;
        (8) the agreement of each qualified purchaser, at its
    sole cost and expense, to deposit funds into, release funds
    from, and otherwise maintain all required accounts in
    accordance with the terms and conditions of the Program.
    Subject to the Program terms, all required accounts shall
    be maintained and controlled by the qualified purchaser at
    the qualified purchaser's sole cost and at no cost, whether
    in the form of fees or otherwise, to the participating
    vendors;
        (9) the agreement of each qualified purchaser, at its
    sole cost and expense, to submit a monthly written report,
    in an acceptable electronic format, to the State
    Comptroller or its designee and the Department or its
    designee, within 10 days after the end of each month,
    which, unless otherwise specified by the Department, at a
    minimum, shall contain:
            (A) a listing of each assigned receivable
        purchased by that qualified purchaser during the
        month, specifying the base invoice amount and invoice
        date of that assigned receivable and the name of the
        participating vendor, State contract number, voucher
        number, and State agency associated with that assigned
        receivable;
            (B) a listing of each assigned receivable with
        respect to which the qualified purchaser has received
        payment of the base invoice amount from the State
        during that month, including the amount of and date on
        which that payment was made and the name of the
        participating vendor, State contract number, voucher
        number, and State agency associated with the assigned
        receivable, and identifying the relevant application
        period for each assigned receivable;
            (C) a listing of any payments of assigned penalties
        received from the State during the month, including the
        amount of and date on which the payment was made, the
        name of the participating vendor, the voucher number
        for the assigned penalty receivable, and the
        associated assigned receivable, including the State
        contract number, voucher number, and State agency
        associated with the assigned receivable, and
        identifying the relevant application period for each
        assigned receivable;
            (D) the aggregate number and dollar value of
        assigned receivables purchased by the qualified
        purchaser from the date on which that qualified
        purchaser commenced participating in the Program
        through the last day of the month;
            (E) the aggregate number and dollar value of
        assigned receivables purchased by the qualified
        purchaser for which no payment by the State of the base
        invoice amount has yet been received, from the date on
        which the qualified purchaser commenced participating
        in the Program through the last day of the month;
            (F) the aggregate number and dollar value of
        invoices purchased by the qualified purchaser for
        which no voucher has been submitted; and
            (G) any other data the State Comptroller and the
        Department may reasonably request from time to time;
        (10) the agreement of each qualified purchaser to use
    its reasonable best efforts, and for any sub-participant to
    cause a qualified purchaser to use its reasonable best
    efforts, to diligently pursue receipt of assigned
    penalties associated with the assigned receivables,
    including, without limitation, by promptly notifying the
    relevant State agency that an assigned penalty is due and,
    if necessary, seeking payment of assigned penalties
    through the Illinois Court of Claims; and
        (11) the agreement of each qualified purchaser and any
    sub-participant to use their reasonable best efforts to
    implement the Program terms and to perform their
    obligations under the Program in a timely fashion.
    (g) Each qualified purchaser's performance and
implementation of its obligations under subsection (f) shall be
subject to review by the Department and the State Comptroller
at any time to confirm that the qualified purchaser is
undertaking those obligations in a manner consistent with the
terms and conditions of the Program. A qualified purchaser's
failure to so perform its obligations including, without
limitation, its obligations to diligently pursue receipt of
assigned penalties associated with assigned receivables, shall
be grounds for the Department and the State Comptroller to
terminate the qualified purchaser's participation in the
Program under subsection (i). Any such termination shall be
without prejudice to any rights a participating vendor may have
against that qualified purchaser, in law or in equity,
including, without limitation, the right to enforce the terms
of the assignment agreement and of the Program against the
qualified purchaser.
    (h) In determining whether any applicant shall be
designated as a qualified purchaser, the Department shall have
the right to review or approve sub-participants that intend to
purchase assigned receivables, directly or indirectly, by or
through the applicant. The Department reserves the right to
reject or terminate the designation of any applicant as a
qualified purchaser or require an applicant to exclude a
proposed sub-participant in order to become or remain a
qualified purchaser on the basis of a review, whether prior to
or after the designation. Each applicant and each qualified
purchaser has an affirmative obligation to promptly notify the
Department of any change or proposed change in the identity of
the sub-participants that it disclosed to the Department no
later than 3 business days after that change. Each
sub-participant shall be required to execute a sub-participant
certification that will be attached to the corresponding
qualified purchaser designation. Sub-participants shall meet,
at a minimum, the requirements of paragraphs (2), (3), (10),
and (11) of subsection (f).
    (i) The Program, as codified under this Section, shall
continue until terminated or suspended as follows:
        (1) The Program may be terminated or suspended: (A) by
    the State Comptroller, after consulting with the
    Department, by giving 10 days prior written notice to the
    Department and the qualified purchasers in the Program; or
    (B) by the Department, after consulting with the State
    Comptroller, by giving 10 days prior written notice to the
    State Comptroller and the qualified purchasers in the
    Program.
        (2) In the event a qualified purchaser or
    sub-participant breaches or fails to meet any of the terms
    or conditions of the Program, that qualified purchaser or
    sub-participant may be terminated from the Program: (A) by
    the State Comptroller, after consulting with the
    Department. The termination shall be effective immediately
    upon the State Comptroller giving written notice to the
    Department and the qualified purchaser or sub-participant;
    or (B) by the Department, after consulting with the State
    Comptroller. The termination shall be effective
    immediately upon the Department giving written notice to
    the State Comptroller and the qualified purchaser or
    sub-participant.
        (3) A qualified purchaser or sub-participant may
    terminate its participation in the Program, solely with
    respect to its own participation in the Program, in the
    event of any change to this Act from the form that existed
    on the date that the qualified purchaser or the
    sub-participant, as applicable, submitted the necessary
    documentation for admission into the Program if the change
    materially and adversely affects the qualified purchaser's
    or the sub-participant's ability to purchase and receive
    payment on receivables on the terms described in this
    Section.
    If the Program, a qualified purchaser, or a sub-participant
is terminated or suspended under paragraph paragraphs (1) or
(2) of this subsection (i), the Program, qualified purchaser,
or sub-participant may be reinstated only by written agreement
of the State Comptroller and the Department. No termination or
suspension under paragraph paragraphs (1), (2), or (3) of this
subsection (i) shall alter or affect the qualified purchaser's
or sub-participant's obligations with respect to assigned
receivables purchased by or through the qualified purchaser
prior to the termination.
(Source: P.A. 100-1089, eff. 8-24-18; revised 10-11-18.)
 
    Section 255. The Grant Accountability and Transparency Act
is amended by changing Sections 25 and 45 and by renumbering
and changing Section 520 as follows:
 
    (30 ILCS 708/25)
    (Section scheduled to be repealed on July 16, 2020)
    Sec. 25. Supplemental rules. On or before July 1, 2017, the
Governor's Office of Management and Budget, with the advice and
technical assistance of the Illinois Single Audit Commission,
shall adopt supplemental rules pertaining to the following:
        (1) Criteria to define mandatory formula-based grants
    and discretionary grants.
        (2) The award of one-year grants for new applicants.
        (3) The award of competitive grants in 3-year terms
    (one-year initial terms with the option to renew for up to
    2 additional years) to coincide with the federal award.
        (4) The issuance of grants, including:
            (A) public notice of announcements of funding
        opportunities;
            (B) the development of uniform grant applications;
            (C) State agency review of merit of proposals and
        risk posed by applicants;
            (D) specific conditions for individual recipients
        (including the use of a fiscal agent and additional
        corrective conditions);
            (E) certifications and representations;
            (F) pre-award costs;
            (G) performance measures and statewide prioritized
        goals under Section 50-25 of the State Budget Law of
        the Civil Administrative Code of Illinois, commonly
        referred to as "Budgeting for Results"; and
            (H) for mandatory formula grants, the merit of the
        proposal and the risk posed should result in additional
        reporting, monitoring, or measures such as
        reimbursement-basis only.
        (5) The development of uniform budget requirements,
    which shall include:
            (A) mandatory submission of budgets as part of the
        grant application process;
            (B) mandatory requirements regarding contents of
        the budget including, at a minimum, common detail line
        items specified under guidelines issued by the
        Governor's Office of Management and Budget;
            (C) a requirement that the budget allow
        flexibility to add lines describing costs that are
        common for the services provided as outlined in the
        grant application;
            (D) a requirement that the budget include
        information necessary for analyzing cost and
        performance for use in Budgeting for Results; and
            (E) caps on the amount of salaries that may be
        charged to grants based on the limitations imposed by
        federal agencies.
        (6) The development of pre-qualification requirements
    for applicants, including the fiscal condition of the
    organization and the provision of the following
    information:
            (A) organization name;
            (B) Federal Employee Identification Number;
            (C) Data Universal Numbering System (DUNS) number;
            (D) fiscal condition;
            (E) whether the applicant is in good standing with
        the Secretary of State;
            (F) past performance in administering grants;
            (G) whether the applicant is on the Debarred and
        Suspended List maintained by the Governor's Office of
        Management and Budget;
            (H) whether the applicant is on the federal
        Excluded Parties List; and
            (I) whether the applicant is on the Sanctioned
        Party List maintained by the Illinois Department of
        Healthcare and Family Services.
    Nothing in this Act affects the provisions of the Fiscal
Control and Internal Auditing Act nor the requirement that the
management of each State agency is responsible for maintaining
effective internal controls under that Act.
    For public institutions of higher education, the
provisions of this Section apply only to awards funded by State
appropriations and federal pass-through awards from a State
agency to public institutions of higher education.
(Source: P.A. 99-523, eff. 6-30-16; 100-676, eff. 1-1-19;
100-997, eff. 8-20-18; revised 10-9-18.)
 
    (30 ILCS 708/45)
    (Section scheduled to be repealed on July 16, 2020)
    Sec. 45. Applicability.
    (a) The requirements established under this Act apply to
State grant-making agencies that make State and federal
pass-through awards to non-federal entities. These
requirements apply to all costs related to State and federal
pass-through awards. The requirements established under this
Act do not apply to private awards.
    (a-5) Nothing in this Act shall prohibit the use of State
funds for purposes of federal match or maintenance of effort.
    (b) The terms and conditions of State, federal, and
pass-through awards apply to subawards and subrecipients
unless a particular Section of this Act or the terms and
conditions of the State or federal award specifically indicate
otherwise. Non-federal entities shall comply with requirements
of this Act regardless of whether the non-federal entity is a
recipient or subrecipient of a State or federal pass-through
award. Pass-through entities shall comply with the
requirements set forth under the rules adopted under subsection
(a) of Section 20 of this Act, but not to any requirements in
this Act directed towards State or federal awarding agencies,
unless the requirements of the State or federal awards indicate
otherwise.
    When a non-federal entity is awarded a cost-reimbursement
contract, only 2 CFR 200.330 through 200.332 are incorporated
by reference into the contract. However, when the Cost
Accounting Standards are applicable to the contract, they take
precedence over the requirements of this Act unless they are in
conflict with Subpart F of 2 CFR 200. In addition, costs that
are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C.
4304(a), as described in the Federal Acquisition Regulations,
subpart 31.2 and subpart 31.603, are always unallowable. For
requirements other than those covered in Subpart D of 2 CFR
200.330 through 200.332, the terms of the contract and the
Federal Acquisition Regulations apply.
    With the exception of Subpart F of 2 CFR 200, which is
required by the Single Audit Act, in any circumstances where
the provisions of federal statutes or regulations differ from
the provisions of this Act, the provision of the federal
statutes or regulations govern. This includes, for agreements
with Indian tribes, the provisions of the Indian
Self-Determination and Education and Assistance Act, as
amended, 25 U.S.C. 450-458ddd-2.
    (c) State grant-making agencies may apply subparts A
through E of 2 CFR 200 to for-profit entities, foreign public
entities, or foreign organizations, except where the awarding
agency determines that the application of these subparts would
be inconsistent with the international obligations of the
United States or the statute or regulations of a foreign
government.
    (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
different types of awards. The same applicability applies to
this Act.
    (e) (Blank). for
    (f) For public institutions of higher education, the
provisions of this Act apply only to awards funded by State
appropriations and federal pass-through awards from a State
agency to public institutions of higher education.
    (g) Each grant-making agency shall enhance its processes to
monitor and address noncompliance with reporting requirements
and with program performance standards. Where applicable, the
process may include a corrective action plan. The monitoring
process shall include a plan for tracking and documenting
performance-based contracting decisions.
(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18;
revised 10-5-18.)
 
    (30 ILCS 708/97)  (was 30 ILCS 708/520)
    Sec. 97 520. Separate accounts for State grant funds.
Notwithstanding any provision of law to the contrary, all
grants made and any grant agreement entered into, renewed, or
extended on or after August 20, 2018 (the effective date of
Public Act 100-997) this amendatory Act of the 100th General
Assembly, between a State grant-making agency and a nonprofit
organization, shall require the nonprofit organization
receiving grant funds to maintain those funds in an account
which is separate and distinct from any account holding
non-grant funds. Except as otherwise provided in an agreement
between a State grant-making agency and a nonprofit
organization, the grant funds held in a separate account by a
nonprofit organization shall not be used for non-grant-related
activities, and any unused grant funds shall be returned to the
State grant-making agency.
(Source: P.A. 100-997, eff. 8-20-18; revised 10-15-18.)
 
    Section 260. The State Mandates Act is amended by changing
Sections 8.41 and 8.42 as follows:
 
    (30 ILCS 805/8.41)
    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by Public Act 100-23,
100-239, 100-281, 100-455, or 100-544, 100-621, 100-700, or
100-743 this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-23, eff. 7-6-17; 100-239, eff. 8-18-17;
100-281, eff. 8-24-17; 100-455, eff. 8-25-17; 100-544, eff.
11-8-17; 100-621, eff. 7-20-18; 100-700, eff. 8-3-18; 100-743,
eff. 8-10-18; 100-863, eff. 8-14-18; revised 10-3-18.)
 
    (30 ILCS 805/8.42)
    (Text of Section before amendment by P.A. 100-1171)
    Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by Public Act 100-587 or
100-1144 this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-587, eff. 6-4-18; 100-1144, eff. 11-28-18;
revised 1-8-19.)
 
    (Text of Section after amendment by P.A. 100-1171)
    Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by Public Act 100-587,
100-1144, or 100-1171 this amendatory Act of the 100th General
Assembly.
(Source: P.A. 100-587, eff. 6-4-18; 100-1144, eff. 11-28-18;
100-1171, eff. 6-1-19; revised 1-8-19.)
 
    Section 265. The Illinois Income Tax Act is amended by
changing Sections 203, 220, 221, 226, and 901 and by setting
forth and renumbering multiple versions of Section 227 as
follows:
 
    (35 ILCS 5/203)  (from Ch. 120, par. 2-203)
    Sec. 203. Base income defined.
    (a) Individuals.
        (1) In general. In the case of an individual, base
    income means an amount equal to the taxpayer's adjusted
    gross income for the taxable year as modified by paragraph
    (2).
        (2) Modifications. The adjusted gross income referred
    to in paragraph (1) shall be modified by adding thereto the
    sum of the following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest or dividends during the
        taxable year to the extent excluded from gross income
        in the computation of adjusted gross income, except
        stock dividends of qualified public utilities
        described in Section 305(e) of the Internal Revenue
        Code;
            (B) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income in
        the computation of adjusted gross income for the
        taxable year;
            (C) An amount equal to the amount received during
        the taxable year as a recovery or refund of real
        property taxes paid with respect to the taxpayer's
        principal residence under the Revenue Act of 1939 and
        for which a deduction was previously taken under
        subparagraph (L) of this paragraph (2) prior to July 1,
        1991, the retrospective application date of Article 4
        of Public Act 87-17. In the case of multi-unit or
        multi-use structures and farm dwellings, the taxes on
        the taxpayer's principal residence shall be that
        portion of the total taxes for the entire property
        which is attributable to such principal residence;
            (D) An amount equal to the amount of the capital
        gain deduction allowable under the Internal Revenue
        Code, to the extent deducted from gross income in the
        computation of adjusted gross income;
            (D-5) An amount, to the extent not included in
        adjusted gross income, equal to the amount of money
        withdrawn by the taxpayer in the taxable year from a
        medical care savings account and the interest earned on
        the account in the taxable year of a withdrawal
        pursuant to subsection (b) of Section 20 of the Medical
        Care Savings Account Act or subsection (b) of Section
        20 of the Medical Care Savings Account Act of 2000;
            (D-10) For taxable years ending after December 31,
        1997, an amount equal to any eligible remediation costs
        that the individual deducted in computing adjusted
        gross income and for which the individual claims a
        credit under subsection (l) of Section 201;
            (D-15) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of the
        Internal Revenue Code;
            (D-16) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (D-15), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (Z) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was allowed in any taxable year to make a subtraction
        modification under subparagraph (Z), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (D-17) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact that foreign person's business activity outside
        the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income under Sections 951 through 964
        of the Internal Revenue Code and amounts included in
        gross income under Section 78 of the Internal Revenue
        Code) with respect to the stock of the same person to
        whom the interest was paid, accrued, or incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract or
            agreement entered into at arm's-length rates and
            terms and the principal purpose for the payment is
            not federal or Illinois tax avoidance; or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (D-18) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income under Sections 951 through 964 of the Internal
        Revenue Code and amounts included in gross income under
        Section 78 of the Internal Revenue Code) with respect
        to the stock of the same person to whom the intangible
        expenses and costs were directly or indirectly paid,
        incurred, or accrued. The preceding sentence does not
        apply to the extent that the same dividends caused a
        reduction to the addition modification required under
        Section 203(a)(2)(D-17) of this Act. As used in this
        subparagraph, the term "intangible expenses and costs"
        includes (1) expenses, losses, and costs for, or
        related to, the direct or indirect acquisition, use,
        maintenance or management, ownership, sale, exchange,
        or any other disposition of intangible property; (2)
        losses incurred, directly or indirectly, from
        factoring transactions or discounting transactions;
        (3) royalty, patent, technical, and copyright fees;
        (4) licensing fees; and (5) other similar expenses and
        costs. For purposes of this subparagraph, "intangible
        property" includes patents, patent applications, trade
        names, trademarks, service marks, copyrights, mask
        works, trade secrets, and similar types of intangible
        assets.
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who is
            subject in a foreign country or state, other than a
            state which requires mandatory unitary reporting,
            to a tax on or measured by net income with respect
            to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if the
            taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an alternative
            method of apportionment under Section 304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (D-19) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the stock
        of the same person to whom the premiums and costs were
        directly or indirectly paid, incurred, or accrued. The
        preceding sentence does not apply to the extent that
        the same dividends caused a reduction to the addition
        modification required under Section 203(a)(2)(D-17) or
        Section 203(a)(2)(D-18) of this Act.
            (D-20) For taxable years beginning on or after
        January 1, 2002 and ending on or before December 31,
        2006, in the case of a distribution from a qualified
        tuition program under Section 529 of the Internal
        Revenue Code, other than (i) a distribution from a
        College Savings Pool created under Section 16.5 of the
        State Treasurer Act or (ii) a distribution from the
        Illinois Prepaid Tuition Trust Fund, an amount equal to
        the amount excluded from gross income under Section
        529(c)(3)(B). For taxable years beginning on or after
        January 1, 2007, in the case of a distribution from a
        qualified tuition program under Section 529 of the
        Internal Revenue Code, other than (i) a distribution
        from a College Savings Pool created under Section 16.5
        of the State Treasurer Act, (ii) a distribution from
        the Illinois Prepaid Tuition Trust Fund, or (iii) a
        distribution from a qualified tuition program under
        Section 529 of the Internal Revenue Code that (I)
        adopts and determines that its offering materials
        comply with the College Savings Plans Network's
        disclosure principles and (II) has made reasonable
        efforts to inform in-state residents of the existence
        of in-state qualified tuition programs by informing
        Illinois residents directly and, where applicable, to
        inform financial intermediaries distributing the
        program to inform in-state residents of the existence
        of in-state qualified tuition programs at least
        annually, an amount equal to the amount excluded from
        gross income under Section 529(c)(3)(B).
            For the purposes of this subparagraph (D-20), a
        qualified tuition program has made reasonable efforts
        if it makes disclosures (which may use the term
        "in-state program" or "in-state plan" and need not
        specifically refer to Illinois or its qualified
        programs by name) (i) directly to prospective
        participants in its offering materials or makes a
        public disclosure, such as a website posting; and (ii)
        where applicable, to intermediaries selling the
        out-of-state program in the same manner that the
        out-of-state program distributes its offering
        materials;
            (D-20.5) For taxable years beginning on or after
        January 1, 2018, in the case of a distribution from a
        qualified ABLE program under Section 529A of the
        Internal Revenue Code, other than a distribution from a
        qualified ABLE program created under Section 16.6 of
        the State Treasurer Act, an amount equal to the amount
        excluded from gross income under Section 529A(c)(1)(B)
        of the Internal Revenue Code;
            (D-21) For taxable years beginning on or after
        January 1, 2007, in the case of transfer of moneys from
        a qualified tuition program under Section 529 of the
        Internal Revenue Code that is administered by the State
        to an out-of-state program, an amount equal to the
        amount of moneys previously deducted from base income
        under subsection (a)(2)(Y) of this Section;
            (D-21.5) For taxable years beginning on or after
        January 1, 2018, in the case of the transfer of moneys
        from a qualified tuition program under Section 529 or a
        qualified ABLE program under Section 529A of the
        Internal Revenue Code that is administered by this
        State to an ABLE account established under an
        out-of-state ABLE account program, an amount equal to
        the contribution component of the transferred amount
        that was previously deducted from base income under
        subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
        Section;
            (D-22) For taxable years beginning on or after
        January 1, 2009, and prior to January 1, 2018, in the
        case of a nonqualified withdrawal or refund of moneys
        from a qualified tuition program under Section 529 of
        the Internal Revenue Code administered by the State
        that is not used for qualified expenses at an eligible
        education institution, an amount equal to the
        contribution component of the nonqualified withdrawal
        or refund that was previously deducted from base income
        under subsection (a)(2)(y) of this Section, provided
        that the withdrawal or refund did not result from the
        beneficiary's death or disability. For taxable years
        beginning on or after January 1, 2018: (1) in the case
        of a nonqualified withdrawal or refund, as defined
        under Section 16.5 of the State Treasurer Act, of
        moneys from a qualified tuition program under Section
        529 of the Internal Revenue Code administered by the
        State, an amount equal to the contribution component of
        the nonqualified withdrawal or refund that was
        previously deducted from base income under subsection
        (a)(2)(Y) of this Section, and (2) in the case of a
        nonqualified withdrawal or refund from a qualified
        ABLE program under Section 529A of the Internal Revenue
        Code administered by the State that is not used for
        qualified disability expenses, an amount equal to the
        contribution component of the nonqualified withdrawal
        or refund that was previously deducted from base income
        under subsection (a)(2)(HH) of this Section;
            (D-23) An amount equal to the credit allowable to
        the taxpayer under Section 218(a) of this Act,
        determined without regard to Section 218(c) of this
        Act;
            (D-24) For taxable years ending on or after
        December 31, 2017, an amount equal to the deduction
        allowed under Section 199 of the Internal Revenue Code
        for the taxable year;
    and by deducting from the total so obtained the sum of the
    following amounts:
            (E) For taxable years ending before December 31,
        2001, any amount included in such total in respect of
        any compensation (including but not limited to any
        compensation paid or accrued to a serviceman while a
        prisoner of war or missing in action) paid to a
        resident by reason of being on active duty in the Armed
        Forces of the United States and in respect of any
        compensation paid or accrued to a resident who as a
        governmental employee was a prisoner of war or missing
        in action, and in respect of any compensation paid to a
        resident in 1971 or thereafter for annual training
        performed pursuant to Sections 502 and 503, Title 32,
        United States Code as a member of the Illinois National
        Guard or, beginning with taxable years ending on or
        after December 31, 2007, the National Guard of any
        other state. For taxable years ending on or after
        December 31, 2001, any amount included in such total in
        respect of any compensation (including but not limited
        to any compensation paid or accrued to a serviceman
        while a prisoner of war or missing in action) paid to a
        resident by reason of being a member of any component
        of the Armed Forces of the United States and in respect
        of any compensation paid or accrued to a resident who
        as a governmental employee was a prisoner of war or
        missing in action, and in respect of any compensation
        paid to a resident in 2001 or thereafter by reason of
        being a member of the Illinois National Guard or,
        beginning with taxable years ending on or after
        December 31, 2007, the National Guard of any other
        state. The provisions of this subparagraph (E) are
        exempt from the provisions of Section 250;
            (F) An amount equal to all amounts included in such
        total pursuant to the provisions of Sections 402(a),
        402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the
        Internal Revenue Code, or included in such total as
        distributions under the provisions of any retirement
        or disability plan for employees of any governmental
        agency or unit, or retirement payments to retired
        partners, which payments are excluded in computing net
        earnings from self employment by Section 1402 of the
        Internal Revenue Code and regulations adopted pursuant
        thereto;
            (G) The valuation limitation amount;
            (H) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (I) An amount equal to all amounts included in such
        total pursuant to the provisions of Section 111 of the
        Internal Revenue Code as a recovery of items previously
        deducted from adjusted gross income in the computation
        of taxable income;
            (J) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in a River Edge
        Redevelopment Zone or zones created under the River
        Edge Redevelopment Zone Act, and conducts
        substantially all of its operations in a River Edge
        Redevelopment Zone or zones. This subparagraph (J) is
        exempt from the provisions of Section 250;
            (K) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated a
        High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (J) of paragraph (2) of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (K);
            (L) For taxable years ending after December 31,
        1983, an amount equal to all social security benefits
        and railroad retirement benefits included in such
        total pursuant to Sections 72(r) and 86 of the Internal
        Revenue Code;
            (M) With the exception of any amounts subtracted
        under subparagraph (N), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a)(2), and 265(a)(2) 265(2) of the Internal
        Revenue Code, and all amounts of expenses allocable to
        interest and disallowed as deductions by Section
        265(a)(1) 265(1) of the Internal Revenue Code; and (ii)
        for taxable years ending on or after August 13, 1999,
        Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of
        the Internal Revenue Code, plus, for taxable years
        ending on or after December 31, 2011, Section 45G(e)(3)
        of the Internal Revenue Code and, for taxable years
        ending on or after December 31, 2008, any amount
        included in gross income under Section 87 of the
        Internal Revenue Code; the provisions of this
        subparagraph are exempt from the provisions of Section
        250;
            (N) An amount equal to all amounts included in such
        total which are exempt from taxation by this State
        either by reason of its statutes or Constitution or by
        reason of the Constitution, treaties or statutes of the
        United States; provided that, in the case of any
        statute of this State that exempts income derived from
        bonds or other obligations from the tax imposed under
        this Act, the amount exempted shall be the interest net
        of bond premium amortization;
            (O) An amount equal to any contribution made to a
        job training project established pursuant to the Tax
        Increment Allocation Redevelopment Act;
            (P) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code or of any itemized deduction
        taken from adjusted gross income in the computation of
        taxable income for restoration of substantial amounts
        held under claim of right for the taxable year;
            (Q) An amount equal to any amounts included in such
        total, received by the taxpayer as an acceleration in
        the payment of life, endowment or annuity benefits in
        advance of the time they would otherwise be payable as
        an indemnity for a terminal illness;
            (R) An amount equal to the amount of any federal or
        State bonus paid to veterans of the Persian Gulf War;
            (S) An amount, to the extent included in adjusted
        gross income, equal to the amount of a contribution
        made in the taxable year on behalf of the taxpayer to a
        medical care savings account established under the
        Medical Care Savings Account Act or the Medical Care
        Savings Account Act of 2000 to the extent the
        contribution is accepted by the account administrator
        as provided in that Act;
            (T) An amount, to the extent included in adjusted
        gross income, equal to the amount of interest earned in
        the taxable year on a medical care savings account
        established under the Medical Care Savings Account Act
        or the Medical Care Savings Account Act of 2000 on
        behalf of the taxpayer, other than interest added
        pursuant to item (D-5) of this paragraph (2);
            (U) For one taxable year beginning on or after
        January 1, 1994, an amount equal to the total amount of
        tax imposed and paid under subsections (a) and (b) of
        Section 201 of this Act on grant amounts received by
        the taxpayer under the Nursing Home Grant Assistance
        Act during the taxpayer's taxable years 1992 and 1993;
            (V) Beginning with tax years ending on or after
        December 31, 1995 and ending with tax years ending on
        or before December 31, 2004, an amount equal to the
        amount paid by a taxpayer who is a self-employed
        taxpayer, a partner of a partnership, or a shareholder
        in a Subchapter S corporation for health insurance or
        long-term care insurance for that taxpayer or that
        taxpayer's spouse or dependents, to the extent that the
        amount paid for that health insurance or long-term care
        insurance may be deducted under Section 213 of the
        Internal Revenue Code, has not been deducted on the
        federal income tax return of the taxpayer, and does not
        exceed the taxable income attributable to that
        taxpayer's income, self-employment income, or
        Subchapter S corporation income; except that no
        deduction shall be allowed under this item (V) if the
        taxpayer is eligible to participate in any health
        insurance or long-term care insurance plan of an
        employer of the taxpayer or the taxpayer's spouse. The
        amount of the health insurance and long-term care
        insurance subtracted under this item (V) shall be
        determined by multiplying total health insurance and
        long-term care insurance premiums paid by the taxpayer
        times a number that represents the fractional
        percentage of eligible medical expenses under Section
        213 of the Internal Revenue Code of 1986 not actually
        deducted on the taxpayer's federal income tax return;
            (W) For taxable years beginning on or after January
        1, 1998, all amounts included in the taxpayer's federal
        gross income in the taxable year from amounts converted
        from a regular IRA to a Roth IRA. This paragraph is
        exempt from the provisions of Section 250;
            (X) For taxable year 1999 and thereafter, an amount
        equal to the amount of any (i) distributions, to the
        extent includible in gross income for federal income
        tax purposes, made to the taxpayer because of his or
        her status as a victim of persecution for racial or
        religious reasons by Nazi Germany or any other Axis
        regime or as an heir of the victim and (ii) items of
        income, to the extent includible in gross income for
        federal income tax purposes, attributable to, derived
        from or in any way related to assets stolen from,
        hidden from, or otherwise lost to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime immediately prior to,
        during, and immediately after World War II, including,
        but not limited to, interest on the proceeds receivable
        as insurance under policies issued to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime by European insurance
        companies immediately prior to and during World War II;
        provided, however, this subtraction from federal
        adjusted gross income does not apply to assets acquired
        with such assets or with the proceeds from the sale of
        such assets; provided, further, this paragraph shall
        only apply to a taxpayer who was the first recipient of
        such assets after their recovery and who is a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime or as an heir of the
        victim. The amount of and the eligibility for any
        public assistance, benefit, or similar entitlement is
        not affected by the inclusion of items (i) and (ii) of
        this paragraph in gross income for federal income tax
        purposes. This paragraph is exempt from the provisions
        of Section 250;
            (Y) For taxable years beginning on or after January
        1, 2002 and ending on or before December 31, 2004,
        moneys contributed in the taxable year to a College
        Savings Pool account under Section 16.5 of the State
        Treasurer Act, except that amounts excluded from gross
        income under Section 529(c)(3)(C)(i) of the Internal
        Revenue Code shall not be considered moneys
        contributed under this subparagraph (Y). For taxable
        years beginning on or after January 1, 2005, a maximum
        of $10,000 contributed in the taxable year to (i) a
        College Savings Pool account under Section 16.5 of the
        State Treasurer Act or (ii) the Illinois Prepaid
        Tuition Trust Fund, except that amounts excluded from
        gross income under Section 529(c)(3)(C)(i) of the
        Internal Revenue Code shall not be considered moneys
        contributed under this subparagraph (Y). For purposes
        of this subparagraph, contributions made by an
        employer on behalf of an employee, or matching
        contributions made by an employee, shall be treated as
        made by the employee. This subparagraph (Y) is exempt
        from the provisions of Section 250;
            (Z) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not including
            the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied by
                0.429); and
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0.
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (Z) is exempt from the provisions of
        Section 250;
            (AA) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (D-15), then
        an amount equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (D-15), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction under
        this subparagraph only once with respect to any one
        piece of property.
            This subparagraph (AA) is exempt from the
        provisions of Section 250;
            (BB) Any amount included in adjusted gross income,
        other than salary, received by a driver in a
        ridesharing arrangement using a motor vehicle;
            (CC) The amount of (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction with
        a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of that addition modification, and (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer that
        is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of that
        addition modification. This subparagraph (CC) is
        exempt from the provisions of Section 250;
            (DD) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(a)(2)(D-17) for
        interest paid, accrued, or incurred, directly or
        indirectly, to the same person. This subparagraph (DD)
        is exempt from the provisions of Section 250;
            (EE) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(a)(2)(D-18) for
        intangible expenses and costs paid, accrued, or
        incurred, directly or indirectly, to the same foreign
        person. This subparagraph (EE) is exempt from the
        provisions of Section 250;
            (FF) An amount equal to any amount awarded to the
        taxpayer during the taxable year by the Court of Claims
        under subsection (c) of Section 8 of the Court of
        Claims Act for time unjustly served in a State prison.
        This subparagraph (FF) is exempt from the provisions of
        Section 250;
            (GG) For taxable years ending on or after December
        31, 2011, in the case of a taxpayer who was required to
        add back any insurance premiums under Section
        203(a)(2)(D-19), such taxpayer may elect to subtract
        that part of a reimbursement received from the
        insurance company equal to the amount of the expense or
        loss (including expenses incurred by the insurance
        company) that would have been taken into account as a
        deduction for federal income tax purposes if the
        expense or loss had been uninsured. If a taxpayer makes
        the election provided for by this subparagraph (GG),
        the insurer to which the premiums were paid must add
        back to income the amount subtracted by the taxpayer
        pursuant to this subparagraph (GG). This subparagraph
        (GG) is exempt from the provisions of Section 250; and
            (HH) For taxable years beginning on or after
        January 1, 2018 and prior to January 1, 2023, a maximum
        of $10,000 contributed in the taxable year to a
        qualified ABLE account under Section 16.6 of the State
        Treasurer Act, except that amounts excluded from gross
        income under Section 529(c)(3)(C)(i) or Section
        529A(c)(1)(C) of the Internal Revenue Code shall not be
        considered moneys contributed under this subparagraph
        (HH). For purposes of this subparagraph (HH),
        contributions made by an employer on behalf of an
        employee, or matching contributions made by an
        employee, shall be treated as made by the employee.
 
    (b) Corporations.
        (1) In general. In the case of a corporation, base
    income means an amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
        (2) Modifications. The taxable income referred to in
    paragraph (1) shall be modified by adding thereto the sum
    of the following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest and all distributions
        received from regulated investment companies during
        the taxable year to the extent excluded from gross
        income in the computation of taxable income;
            (B) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income in
        the computation of taxable income for the taxable year;
            (C) In the case of a regulated investment company,
        an amount equal to the excess of (i) the net long-term
        capital gain for the taxable year, over (ii) the amount
        of the capital gain dividends designated as such in
        accordance with Section 852(b)(3)(C) of the Internal
        Revenue Code and any amount designated under Section
        852(b)(3)(D) of the Internal Revenue Code,
        attributable to the taxable year (this amendatory Act
        of 1995 (Public Act 89-89) is declarative of existing
        law and is not a new enactment);
            (D) The amount of any net operating loss deduction
        taken in arriving at taxable income, other than a net
        operating loss carried forward from a taxable year
        ending prior to December 31, 1986;
            (E) For taxable years in which a net operating loss
        carryback or carryforward from a taxable year ending
        prior to December 31, 1986 is an element of taxable
        income under paragraph (1) of subsection (e) or
        subparagraph (E) of paragraph (2) of subsection (e),
        the amount by which addition modifications other than
        those provided by this subparagraph (E) exceeded
        subtraction modifications in such earlier taxable
        year, with the following limitations applied in the
        order that they are listed:
                (i) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall be reduced by the amount of
            addition modification under this subparagraph (E)
            which related to that net operating loss and which
            was taken into account in calculating the base
            income of an earlier taxable year, and
                (ii) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall not exceed the amount of
            such carryback or carryforward;
            For taxable years in which there is a net operating
        loss carryback or carryforward from more than one other
        taxable year ending prior to December 31, 1986, the
        addition modification provided in this subparagraph
        (E) shall be the sum of the amounts computed
        independently under the preceding provisions of this
        subparagraph (E) for each such taxable year;
            (E-5) For taxable years ending after December 31,
        1997, an amount equal to any eligible remediation costs
        that the corporation deducted in computing adjusted
        gross income and for which the corporation claims a
        credit under subsection (l) of Section 201;
            (E-10) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of the
        Internal Revenue Code;
            (E-11) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (E-10), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (T) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was allowed in any taxable year to make a subtraction
        modification under subparagraph (T), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (E-12) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact the foreign person's business activity outside
        the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income pursuant to Sections 951
        through 964 of the Internal Revenue Code and amounts
        included in gross income under Section 78 of the
        Internal Revenue Code) with respect to the stock of the
        same person to whom the interest was paid, accrued, or
        incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract or
            agreement entered into at arm's-length rates and
            terms and the principal purpose for the payment is
            not federal or Illinois tax avoidance; or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (E-13) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income pursuant to Sections 951 through 964 of the
        Internal Revenue Code and amounts included in gross
        income under Section 78 of the Internal Revenue Code)
        with respect to the stock of the same person to whom
        the intangible expenses and costs were directly or
        indirectly paid, incurred, or accrued. The preceding
        sentence shall not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(b)(2)(E-12) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes (1) expenses,
        losses, and costs for, or related to, the direct or
        indirect acquisition, use, maintenance or management,
        ownership, sale, exchange, or any other disposition of
        intangible property; (2) losses incurred, directly or
        indirectly, from factoring transactions or discounting
        transactions; (3) royalty, patent, technical, and
        copyright fees; (4) licensing fees; and (5) other
        similar expenses and costs. For purposes of this
        subparagraph, "intangible property" includes patents,
        patent applications, trade names, trademarks, service
        marks, copyrights, mask works, trade secrets, and
        similar types of intangible assets.
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who is
            subject in a foreign country or state, other than a
            state which requires mandatory unitary reporting,
            to a tax on or measured by net income with respect
            to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if the
            taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an alternative
            method of apportionment under Section 304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (E-14) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the stock
        of the same person to whom the premiums and costs were
        directly or indirectly paid, incurred, or accrued. The
        preceding sentence does not apply to the extent that
        the same dividends caused a reduction to the addition
        modification required under Section 203(b)(2)(E-12) or
        Section 203(b)(2)(E-13) of this Act;
            (E-15) For taxable years beginning after December
        31, 2008, any deduction for dividends paid by a captive
        real estate investment trust that is allowed to a real
        estate investment trust under Section 857(b)(2)(B) of
        the Internal Revenue Code for dividends paid;
            (E-16) An amount equal to the credit allowable to
        the taxpayer under Section 218(a) of this Act,
        determined without regard to Section 218(c) of this
        Act;
            (E-17) For taxable years ending on or after
        December 31, 2017, an amount equal to the deduction
        allowed under Section 199 of the Internal Revenue Code
        for the taxable year;
    and by deducting from the total so obtained the sum of the
    following amounts:
            (F) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (G) An amount equal to any amount included in such
        total under Section 78 of the Internal Revenue Code;
            (H) In the case of a regulated investment company,
        an amount equal to the amount of exempt interest
        dividends as defined in subsection (b)(5) of Section
        852 of the Internal Revenue Code, paid to shareholders
        for the taxable year;
            (I) With the exception of any amounts subtracted
        under subparagraph (J), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a)(2), and 265(a)(2) and amounts disallowed as
        interest expense by Section 291(a)(3) of the Internal
        Revenue Code, and all amounts of expenses allocable to
        interest and disallowed as deductions by Section
        265(a)(1) of the Internal Revenue Code; and (ii) for
        taxable years ending on or after August 13, 1999,
        Sections 171(a)(2), 265, 280C, 291(a)(3), and
        832(b)(5)(B)(i) of the Internal Revenue Code, plus,
        for tax years ending on or after December 31, 2011,
        amounts disallowed as deductions by Section 45G(e)(3)
        of the Internal Revenue Code and, for taxable years
        ending on or after December 31, 2008, any amount
        included in gross income under Section 87 of the
        Internal Revenue Code and the policyholders' share of
        tax-exempt interest of a life insurance company under
        Section 807(a)(2)(B) of the Internal Revenue Code (in
        the case of a life insurance company with gross income
        from a decrease in reserves for the tax year) or
        Section 807(b)(1)(B) of the Internal Revenue Code (in
        the case of a life insurance company allowed a
        deduction for an increase in reserves for the tax
        year); the provisions of this subparagraph are exempt
        from the provisions of Section 250;
            (J) An amount equal to all amounts included in such
        total which are exempt from taxation by this State
        either by reason of its statutes or Constitution or by
        reason of the Constitution, treaties or statutes of the
        United States; provided that, in the case of any
        statute of this State that exempts income derived from
        bonds or other obligations from the tax imposed under
        this Act, the amount exempted shall be the interest net
        of bond premium amortization;
            (K) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in a River Edge
        Redevelopment Zone or zones created under the River
        Edge Redevelopment Zone Act and conducts substantially
        all of its operations in a River Edge Redevelopment
        Zone or zones. This subparagraph (K) is exempt from the
        provisions of Section 250;
            (L) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated a
        High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (K) of paragraph 2 of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (L);
            (M) For any taxpayer that is a financial
        organization within the meaning of Section 304(c) of
        this Act, an amount included in such total as interest
        income from a loan or loans made by such taxpayer to a
        borrower, to the extent that such a loan is secured by
        property which is eligible for the River Edge
        Redevelopment Zone Investment Credit. To determine the
        portion of a loan or loans that is secured by property
        eligible for a Section 201(f) investment credit to the
        borrower, the entire principal amount of the loan or
        loans between the taxpayer and the borrower should be
        divided into the basis of the Section 201(f) investment
        credit property which secures the loan or loans, using
        for this purpose the original basis of such property on
        the date that it was placed in service in the River
        Edge Redevelopment Zone. The subtraction modification
        available to the taxpayer in any year under this
        subsection shall be that portion of the total interest
        paid by the borrower with respect to such loan
        attributable to the eligible property as calculated
        under the previous sentence. This subparagraph (M) is
        exempt from the provisions of Section 250;
            (M-1) For any taxpayer that is a financial
        organization within the meaning of Section 304(c) of
        this Act, an amount included in such total as interest
        income from a loan or loans made by such taxpayer to a
        borrower, to the extent that such a loan is secured by
        property which is eligible for the High Impact Business
        Investment Credit. To determine the portion of a loan
        or loans that is secured by property eligible for a
        Section 201(h) investment credit to the borrower, the
        entire principal amount of the loan or loans between
        the taxpayer and the borrower should be divided into
        the basis of the Section 201(h) investment credit
        property which secures the loan or loans, using for
        this purpose the original basis of such property on the
        date that it was placed in service in a federally
        designated Foreign Trade Zone or Sub-Zone located in
        Illinois. No taxpayer that is eligible for the
        deduction provided in subparagraph (M) of paragraph
        (2) of this subsection shall be eligible for the
        deduction provided under this subparagraph (M-1). The
        subtraction modification available to taxpayers in any
        year under this subsection shall be that portion of the
        total interest paid by the borrower with respect to
        such loan attributable to the eligible property as
        calculated under the previous sentence;
            (N) Two times any contribution made during the
        taxable year to a designated zone organization to the
        extent that the contribution (i) qualifies as a
        charitable contribution under subsection (c) of
        Section 170 of the Internal Revenue Code and (ii) must,
        by its terms, be used for a project approved by the
        Department of Commerce and Economic Opportunity under
        Section 11 of the Illinois Enterprise Zone Act or under
        Section 10-10 of the River Edge Redevelopment Zone Act.
        This subparagraph (N) is exempt from the provisions of
        Section 250;
            (O) An amount equal to: (i) 85% for taxable years
        ending on or before December 31, 1992, or, a percentage
        equal to the percentage allowable under Section
        243(a)(1) of the Internal Revenue Code of 1986 for
        taxable years ending after December 31, 1992, of the
        amount by which dividends included in taxable income
        and received from a corporation that is not created or
        organized under the laws of the United States or any
        state or political subdivision thereof, including, for
        taxable years ending on or after December 31, 1988,
        dividends received or deemed received or paid or deemed
        paid under Sections 951 through 965 of the Internal
        Revenue Code, exceed the amount of the modification
        provided under subparagraph (G) of paragraph (2) of
        this subsection (b) which is related to such dividends,
        and including, for taxable years ending on or after
        December 31, 2008, dividends received from a captive
        real estate investment trust; plus (ii) 100% of the
        amount by which dividends, included in taxable income
        and received, including, for taxable years ending on or
        after December 31, 1988, dividends received or deemed
        received or paid or deemed paid under Sections 951
        through 964 of the Internal Revenue Code and including,
        for taxable years ending on or after December 31, 2008,
        dividends received from a captive real estate
        investment trust, from any such corporation specified
        in clause (i) that would but for the provisions of
        Section 1504(b)(3) of the Internal Revenue Code be
        treated as a member of the affiliated group which
        includes the dividend recipient, exceed the amount of
        the modification provided under subparagraph (G) of
        paragraph (2) of this subsection (b) which is related
        to such dividends. This subparagraph (O) is exempt from
        the provisions of Section 250 of this Act;
            (P) An amount equal to any contribution made to a
        job training project established pursuant to the Tax
        Increment Allocation Redevelopment Act;
            (Q) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code;
            (R) On and after July 20, 1999, in the case of an
        attorney-in-fact with respect to whom an interinsurer
        or a reciprocal insurer has made the election under
        Section 835 of the Internal Revenue Code, 26 U.S.C.
        835, an amount equal to the excess, if any, of the
        amounts paid or incurred by that interinsurer or
        reciprocal insurer in the taxable year to the
        attorney-in-fact over the deduction allowed to that
        interinsurer or reciprocal insurer with respect to the
        attorney-in-fact under Section 835(b) of the Internal
        Revenue Code for the taxable year; the provisions of
        this subparagraph are exempt from the provisions of
        Section 250;
            (S) For taxable years ending on or after December
        31, 1997, in the case of a Subchapter S corporation, an
        amount equal to all amounts of income allocable to a
        shareholder subject to the Personal Property Tax
        Replacement Income Tax imposed by subsections (c) and
        (d) of Section 201 of this Act, including amounts
        allocable to organizations exempt from federal income
        tax by reason of Section 501(a) of the Internal Revenue
        Code. This subparagraph (S) is exempt from the
        provisions of Section 250;
            (T) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not including
            the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied by
                0.429); and
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0.
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (T) is exempt from the provisions of
        Section 250;
            (U) If the taxpayer sells, transfers, abandons, or
        otherwise disposes of property for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (E-10), then an amount
        equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (E-10), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction under
        this subparagraph only once with respect to any one
        piece of property.
            This subparagraph (U) is exempt from the
        provisions of Section 250;
            (V) The amount of: (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction with
        a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of such addition modification, (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer that
        is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of such
        addition modification, and (iii) any insurance premium
        income (net of deductions allocable thereto) taken
        into account for the taxable year with respect to a
        transaction with a taxpayer that is required to make an
        addition modification with respect to such transaction
        under Section 203(a)(2)(D-19), Section
        203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
        203(d)(2)(D-9), but not to exceed the amount of that
        addition modification. This subparagraph (V) is exempt
        from the provisions of Section 250;
            (W) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(b)(2)(E-12) for
        interest paid, accrued, or incurred, directly or
        indirectly, to the same person. This subparagraph (W)
        is exempt from the provisions of Section 250;
            (X) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(b)(2)(E-13) for
        intangible expenses and costs paid, accrued, or
        incurred, directly or indirectly, to the same foreign
        person. This subparagraph (X) is exempt from the
        provisions of Section 250;
            (Y) For taxable years ending on or after December
        31, 2011, in the case of a taxpayer who was required to
        add back any insurance premiums under Section
        203(b)(2)(E-14), such taxpayer may elect to subtract
        that part of a reimbursement received from the
        insurance company equal to the amount of the expense or
        loss (including expenses incurred by the insurance
        company) that would have been taken into account as a
        deduction for federal income tax purposes if the
        expense or loss had been uninsured. If a taxpayer makes
        the election provided for by this subparagraph (Y), the
        insurer to which the premiums were paid must add back
        to income the amount subtracted by the taxpayer
        pursuant to this subparagraph (Y). This subparagraph
        (Y) is exempt from the provisions of Section 250; and
            (Z) The difference between the nondeductible
        controlled foreign corporation dividends under Section
        965(e)(3) of the Internal Revenue Code over the taxable
        income of the taxpayer, computed without regard to
        Section 965(e)(2)(A) of the Internal Revenue Code, and
        without regard to any net operating loss deduction.
        This subparagraph (Z) is exempt from the provisions of
        Section 250.
        (3) Special rule. For purposes of paragraph (2)(A),
    "gross income" in the case of a life insurance company, for
    tax years ending on and after December 31, 1994, and prior
    to December 31, 2011, shall mean the gross investment
    income for the taxable year and, for tax years ending on or
    after December 31, 2011, shall mean all amounts included in
    life insurance gross income under Section 803(a)(3) of the
    Internal Revenue Code.
 
    (c) Trusts and estates.
        (1) In general. In the case of a trust or estate, base
    income means an amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
        (2) Modifications. Subject to the provisions of
    paragraph (3), the taxable income referred to in paragraph
    (1) shall be modified by adding thereto the sum of the
    following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest or dividends during the
        taxable year to the extent excluded from gross income
        in the computation of taxable income;
            (B) In the case of (i) an estate, $600; (ii) a
        trust which, under its governing instrument, is
        required to distribute all of its income currently,
        $300; and (iii) any other trust, $100, but in each such
        case, only to the extent such amount was deducted in
        the computation of taxable income;
            (C) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income in
        the computation of taxable income for the taxable year;
            (D) The amount of any net operating loss deduction
        taken in arriving at taxable income, other than a net
        operating loss carried forward from a taxable year
        ending prior to December 31, 1986;
            (E) For taxable years in which a net operating loss
        carryback or carryforward from a taxable year ending
        prior to December 31, 1986 is an element of taxable
        income under paragraph (1) of subsection (e) or
        subparagraph (E) of paragraph (2) of subsection (e),
        the amount by which addition modifications other than
        those provided by this subparagraph (E) exceeded
        subtraction modifications in such taxable year, with
        the following limitations applied in the order that
        they are listed:
                (i) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall be reduced by the amount of
            addition modification under this subparagraph (E)
            which related to that net operating loss and which
            was taken into account in calculating the base
            income of an earlier taxable year, and
                (ii) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall not exceed the amount of
            such carryback or carryforward;
            For taxable years in which there is a net operating
        loss carryback or carryforward from more than one other
        taxable year ending prior to December 31, 1986, the
        addition modification provided in this subparagraph
        (E) shall be the sum of the amounts computed
        independently under the preceding provisions of this
        subparagraph (E) for each such taxable year;
            (F) For taxable years ending on or after January 1,
        1989, an amount equal to the tax deducted pursuant to
        Section 164 of the Internal Revenue Code if the trust
        or estate is claiming the same tax for purposes of the
        Illinois foreign tax credit under Section 601 of this
        Act;
            (G) An amount equal to the amount of the capital
        gain deduction allowable under the Internal Revenue
        Code, to the extent deducted from gross income in the
        computation of taxable income;
            (G-5) For taxable years ending after December 31,
        1997, an amount equal to any eligible remediation costs
        that the trust or estate deducted in computing adjusted
        gross income and for which the trust or estate claims a
        credit under subsection (l) of Section 201;
            (G-10) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of the
        Internal Revenue Code; and
            (G-11) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (G-10), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (R) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was allowed in any taxable year to make a subtraction
        modification under subparagraph (R), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (G-12) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact that the foreign person's business activity
        outside the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income pursuant to Sections 951
        through 964 of the Internal Revenue Code and amounts
        included in gross income under Section 78 of the
        Internal Revenue Code) with respect to the stock of the
        same person to whom the interest was paid, accrued, or
        incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract or
            agreement entered into at arm's-length rates and
            terms and the principal purpose for the payment is
            not federal or Illinois tax avoidance; or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (G-13) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income pursuant to Sections 951 through 964 of the
        Internal Revenue Code and amounts included in gross
        income under Section 78 of the Internal Revenue Code)
        with respect to the stock of the same person to whom
        the intangible expenses and costs were directly or
        indirectly paid, incurred, or accrued. The preceding
        sentence shall not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(c)(2)(G-12) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes: (1)
        expenses, losses, and costs for or related to the
        direct or indirect acquisition, use, maintenance or
        management, ownership, sale, exchange, or any other
        disposition of intangible property; (2) losses
        incurred, directly or indirectly, from factoring
        transactions or discounting transactions; (3) royalty,
        patent, technical, and copyright fees; (4) licensing
        fees; and (5) other similar expenses and costs. For
        purposes of this subparagraph, "intangible property"
        includes patents, patent applications, trade names,
        trademarks, service marks, copyrights, mask works,
        trade secrets, and similar types of intangible assets.
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who is
            subject in a foreign country or state, other than a
            state which requires mandatory unitary reporting,
            to a tax on or measured by net income with respect
            to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if the
            taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an alternative
            method of apportionment under Section 304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (G-14) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the stock
        of the same person to whom the premiums and costs were
        directly or indirectly paid, incurred, or accrued. The
        preceding sentence does not apply to the extent that
        the same dividends caused a reduction to the addition
        modification required under Section 203(c)(2)(G-12) or
        Section 203(c)(2)(G-13) of this Act;
            (G-15) An amount equal to the credit allowable to
        the taxpayer under Section 218(a) of this Act,
        determined without regard to Section 218(c) of this
        Act;
            (G-16) For taxable years ending on or after
        December 31, 2017, an amount equal to the deduction
        allowed under Section 199 of the Internal Revenue Code
        for the taxable year;
    and by deducting from the total so obtained the sum of the
    following amounts:
            (H) An amount equal to all amounts included in such
        total pursuant to the provisions of Sections 402(a),
        402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the
        Internal Revenue Code or included in such total as
        distributions under the provisions of any retirement
        or disability plan for employees of any governmental
        agency or unit, or retirement payments to retired
        partners, which payments are excluded in computing net
        earnings from self employment by Section 1402 of the
        Internal Revenue Code and regulations adopted pursuant
        thereto;
            (I) The valuation limitation amount;
            (J) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (K) An amount equal to all amounts included in
        taxable income as modified by subparagraphs (A), (B),
        (C), (D), (E), (F) and (G) which are exempt from
        taxation by this State either by reason of its statutes
        or Constitution or by reason of the Constitution,
        treaties or statutes of the United States; provided
        that, in the case of any statute of this State that
        exempts income derived from bonds or other obligations
        from the tax imposed under this Act, the amount
        exempted shall be the interest net of bond premium
        amortization;
            (L) With the exception of any amounts subtracted
        under subparagraph (K), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
        and all amounts of expenses allocable to interest and
        disallowed as deductions by Section 265(a)(1) 265(1)
        of the Internal Revenue Code; and (ii) for taxable
        years ending on or after August 13, 1999, Sections
        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
        Internal Revenue Code, plus, (iii) for taxable years
        ending on or after December 31, 2011, Section 45G(e)(3)
        of the Internal Revenue Code and, for taxable years
        ending on or after December 31, 2008, any amount
        included in gross income under Section 87 of the
        Internal Revenue Code; the provisions of this
        subparagraph are exempt from the provisions of Section
        250;
            (M) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in a River Edge
        Redevelopment Zone or zones created under the River
        Edge Redevelopment Zone Act and conducts substantially
        all of its operations in a River Edge Redevelopment
        Zone or zones. This subparagraph (M) is exempt from the
        provisions of Section 250;
            (N) An amount equal to any contribution made to a
        job training project established pursuant to the Tax
        Increment Allocation Redevelopment Act;
            (O) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated a
        High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (M) of paragraph (2) of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (O);
            (P) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code;
            (Q) For taxable year 1999 and thereafter, an amount
        equal to the amount of any (i) distributions, to the
        extent includible in gross income for federal income
        tax purposes, made to the taxpayer because of his or
        her status as a victim of persecution for racial or
        religious reasons by Nazi Germany or any other Axis
        regime or as an heir of the victim and (ii) items of
        income, to the extent includible in gross income for
        federal income tax purposes, attributable to, derived
        from or in any way related to assets stolen from,
        hidden from, or otherwise lost to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime immediately prior to,
        during, and immediately after World War II, including,
        but not limited to, interest on the proceeds receivable
        as insurance under policies issued to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime by European insurance
        companies immediately prior to and during World War II;
        provided, however, this subtraction from federal
        adjusted gross income does not apply to assets acquired
        with such assets or with the proceeds from the sale of
        such assets; provided, further, this paragraph shall
        only apply to a taxpayer who was the first recipient of
        such assets after their recovery and who is a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime or as an heir of the
        victim. The amount of and the eligibility for any
        public assistance, benefit, or similar entitlement is
        not affected by the inclusion of items (i) and (ii) of
        this paragraph in gross income for federal income tax
        purposes. This paragraph is exempt from the provisions
        of Section 250;
            (R) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not including
            the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied by
                0.429); and
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0.
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (R) is exempt from the provisions of
        Section 250;
            (S) If the taxpayer sells, transfers, abandons, or
        otherwise disposes of property for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (G-10), then an amount
        equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (G-10), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction under
        this subparagraph only once with respect to any one
        piece of property.
            This subparagraph (S) is exempt from the
        provisions of Section 250;
            (T) The amount of (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction with
        a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of such addition modification and (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer that
        is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of such
        addition modification. This subparagraph (T) is exempt
        from the provisions of Section 250;
            (U) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(c)(2)(G-12) for
        interest paid, accrued, or incurred, directly or
        indirectly, to the same person. This subparagraph (U)
        is exempt from the provisions of Section 250;
            (V) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(c)(2)(G-13) for
        intangible expenses and costs paid, accrued, or
        incurred, directly or indirectly, to the same foreign
        person. This subparagraph (V) is exempt from the
        provisions of Section 250;
            (W) in the case of an estate, an amount equal to
        all amounts included in such total pursuant to the
        provisions of Section 111 of the Internal Revenue Code
        as a recovery of items previously deducted by the
        decedent from adjusted gross income in the computation
        of taxable income. This subparagraph (W) is exempt from
        Section 250;
            (X) an amount equal to the refund included in such
        total of any tax deducted for federal income tax
        purposes, to the extent that deduction was added back
        under subparagraph (F). This subparagraph (X) is
        exempt from the provisions of Section 250; and
            (Y) For taxable years ending on or after December
        31, 2011, in the case of a taxpayer who was required to
        add back any insurance premiums under Section
        203(c)(2)(G-14), such taxpayer may elect to subtract
        that part of a reimbursement received from the
        insurance company equal to the amount of the expense or
        loss (including expenses incurred by the insurance
        company) that would have been taken into account as a
        deduction for federal income tax purposes if the
        expense or loss had been uninsured. If a taxpayer makes
        the election provided for by this subparagraph (Y), the
        insurer to which the premiums were paid must add back
        to income the amount subtracted by the taxpayer
        pursuant to this subparagraph (Y). This subparagraph
        (Y) is exempt from the provisions of Section 250.
        (3) Limitation. The amount of any modification
    otherwise required under this subsection shall, under
    regulations prescribed by the Department, be adjusted by
    any amounts included therein which were properly paid,
    credited, or required to be distributed, or permanently set
    aside for charitable purposes pursuant to Internal Revenue
    Code Section 642(c) during the taxable year.
 
    (d) Partnerships.
        (1) In general. In the case of a partnership, base
    income means an amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
        (2) Modifications. The taxable income referred to in
    paragraph (1) shall be modified by adding thereto the sum
    of the following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest or dividends during the
        taxable year to the extent excluded from gross income
        in the computation of taxable income;
            (B) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income for
        the taxable year;
            (C) The amount of deductions allowed to the
        partnership pursuant to Section 707 (c) of the Internal
        Revenue Code in calculating its taxable income;
            (D) An amount equal to the amount of the capital
        gain deduction allowable under the Internal Revenue
        Code, to the extent deducted from gross income in the
        computation of taxable income;
            (D-5) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of the
        Internal Revenue Code;
            (D-6) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (D-5), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (O) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was allowed in any taxable year to make a subtraction
        modification under subparagraph (O), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (D-7) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact the foreign person's business activity outside
        the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income pursuant to Sections 951
        through 964 of the Internal Revenue Code and amounts
        included in gross income under Section 78 of the
        Internal Revenue Code) with respect to the stock of the
        same person to whom the interest was paid, accrued, or
        incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract or
            agreement entered into at arm's-length rates and
            terms and the principal purpose for the payment is
            not federal or Illinois tax avoidance; or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act; and
            (D-8) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income pursuant to Sections 951 through 964 of the
        Internal Revenue Code and amounts included in gross
        income under Section 78 of the Internal Revenue Code)
        with respect to the stock of the same person to whom
        the intangible expenses and costs were directly or
        indirectly paid, incurred or accrued. The preceding
        sentence shall not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(d)(2)(D-7) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes (1) expenses,
        losses, and costs for, or related to, the direct or
        indirect acquisition, use, maintenance or management,
        ownership, sale, exchange, or any other disposition of
        intangible property; (2) losses incurred, directly or
        indirectly, from factoring transactions or discounting
        transactions; (3) royalty, patent, technical, and
        copyright fees; (4) licensing fees; and (5) other
        similar expenses and costs. For purposes of this
        subparagraph, "intangible property" includes patents,
        patent applications, trade names, trademarks, service
        marks, copyrights, mask works, trade secrets, and
        similar types of intangible assets;
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who is
            subject in a foreign country or state, other than a
            state which requires mandatory unitary reporting,
            to a tax on or measured by net income with respect
            to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if the
            taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an alternative
            method of apportionment under Section 304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (D-9) For taxable years ending on or after December
        31, 2008, an amount equal to the amount of insurance
        premium expenses and costs otherwise allowed as a
        deduction in computing base income, and that were paid,
        accrued, or incurred, directly or indirectly, to a
        person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the stock
        of the same person to whom the premiums and costs were
        directly or indirectly paid, incurred, or accrued. The
        preceding sentence does not apply to the extent that
        the same dividends caused a reduction to the addition
        modification required under Section 203(d)(2)(D-7) or
        Section 203(d)(2)(D-8) of this Act;
            (D-10) An amount equal to the credit allowable to
        the taxpayer under Section 218(a) of this Act,
        determined without regard to Section 218(c) of this
        Act;
            (D-11) For taxable years ending on or after
        December 31, 2017, an amount equal to the deduction
        allowed under Section 199 of the Internal Revenue Code
        for the taxable year;
    and by deducting from the total so obtained the following
    amounts:
            (E) The valuation limitation amount;
            (F) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (G) An amount equal to all amounts included in
        taxable income as modified by subparagraphs (A), (B),
        (C) and (D) which are exempt from taxation by this
        State either by reason of its statutes or Constitution
        or by reason of the Constitution, treaties or statutes
        of the United States; provided that, in the case of any
        statute of this State that exempts income derived from
        bonds or other obligations from the tax imposed under
        this Act, the amount exempted shall be the interest net
        of bond premium amortization;
            (H) Any income of the partnership which
        constitutes personal service income as defined in
        Section 1348(b)(1) of the Internal Revenue Code (as in
        effect December 31, 1981) or a reasonable allowance for
        compensation paid or accrued for services rendered by
        partners to the partnership, whichever is greater;
        this subparagraph (H) is exempt from the provisions of
        Section 250;
            (I) An amount equal to all amounts of income
        distributable to an entity subject to the Personal
        Property Tax Replacement Income Tax imposed by
        subsections (c) and (d) of Section 201 of this Act
        including amounts distributable to organizations
        exempt from federal income tax by reason of Section
        501(a) of the Internal Revenue Code; this subparagraph
        (I) is exempt from the provisions of Section 250;
            (J) With the exception of any amounts subtracted
        under subparagraph (G), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a)(2), and 265(a)(2) 265(2) of the Internal
        Revenue Code, and all amounts of expenses allocable to
        interest and disallowed as deductions by Section
        265(a)(1) 265(1) of the Internal Revenue Code; and (ii)
        for taxable years ending on or after August 13, 1999,
        Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of
        the Internal Revenue Code, plus, (iii) for taxable
        years ending on or after December 31, 2011, Section
        45G(e)(3) of the Internal Revenue Code and, for taxable
        years ending on or after December 31, 2008, any amount
        included in gross income under Section 87 of the
        Internal Revenue Code; the provisions of this
        subparagraph are exempt from the provisions of Section
        250;
            (K) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in a River Edge
        Redevelopment Zone or zones created under the River
        Edge Redevelopment Zone Act and conducts substantially
        all of its operations from a River Edge Redevelopment
        Zone or zones. This subparagraph (K) is exempt from the
        provisions of Section 250;
            (L) An amount equal to any contribution made to a
        job training project established pursuant to the Real
        Property Tax Increment Allocation Redevelopment Act;
            (M) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated a
        High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (K) of paragraph (2) of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (M);
            (N) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code;
            (O) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not including
            the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied by
                0.429); and
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0.
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (O) is exempt from the provisions of
        Section 250;
            (P) If the taxpayer sells, transfers, abandons, or
        otherwise disposes of property for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (D-5), then an amount
        equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (D-5), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction under
        this subparagraph only once with respect to any one
        piece of property.
            This subparagraph (P) is exempt from the
        provisions of Section 250;
            (Q) The amount of (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction with
        a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of such addition modification and (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer that
        is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of such
        addition modification. This subparagraph (Q) is exempt
        from Section 250;
            (R) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(d)(2)(D-7) for interest
        paid, accrued, or incurred, directly or indirectly, to
        the same person. This subparagraph (R) is exempt from
        Section 250;
            (S) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(d)(2)(D-8) for
        intangible expenses and costs paid, accrued, or
        incurred, directly or indirectly, to the same person.
        This subparagraph (S) is exempt from Section 250; and
            (T) For taxable years ending on or after December
        31, 2011, in the case of a taxpayer who was required to
        add back any insurance premiums under Section
        203(d)(2)(D-9), such taxpayer may elect to subtract
        that part of a reimbursement received from the
        insurance company equal to the amount of the expense or
        loss (including expenses incurred by the insurance
        company) that would have been taken into account as a
        deduction for federal income tax purposes if the
        expense or loss had been uninsured. If a taxpayer makes
        the election provided for by this subparagraph (T), the
        insurer to which the premiums were paid must add back
        to income the amount subtracted by the taxpayer
        pursuant to this subparagraph (T). This subparagraph
        (T) is exempt from the provisions of Section 250.
 
    (e) Gross income; adjusted gross income; taxable income.
        (1) In general. Subject to the provisions of paragraph
    (2) and subsection (b)(3), for purposes of this Section and
    Section 803(e), a taxpayer's gross income, adjusted gross
    income, or taxable income for the taxable year shall mean
    the amount of gross income, adjusted gross income or
    taxable income properly reportable for federal income tax
    purposes for the taxable year under the provisions of the
    Internal Revenue Code. Taxable income may be less than
    zero. However, for taxable years ending on or after
    December 31, 1986, net operating loss carryforwards from
    taxable years ending prior to December 31, 1986, may not
    exceed the sum of federal taxable income for the taxable
    year before net operating loss deduction, plus the excess
    of addition modifications over subtraction modifications
    for the taxable year. For taxable years ending prior to
    December 31, 1986, taxable income may never be an amount in
    excess of the net operating loss for the taxable year as
    defined in subsections (c) and (d) of Section 172 of the
    Internal Revenue Code, provided that when taxable income of
    a corporation (other than a Subchapter S corporation),
    trust, or estate is less than zero and addition
    modifications, other than those provided by subparagraph
    (E) of paragraph (2) of subsection (b) for corporations or
    subparagraph (E) of paragraph (2) of subsection (c) for
    trusts and estates, exceed subtraction modifications, an
    addition modification must be made under those
    subparagraphs for any other taxable year to which the
    taxable income less than zero (net operating loss) is
    applied under Section 172 of the Internal Revenue Code or
    under subparagraph (E) of paragraph (2) of this subsection
    (e) applied in conjunction with Section 172 of the Internal
    Revenue Code.
        (2) Special rule. For purposes of paragraph (1) of this
    subsection, the taxable income properly reportable for
    federal income tax purposes shall mean:
            (A) Certain life insurance companies. In the case
        of a life insurance company subject to the tax imposed
        by Section 801 of the Internal Revenue Code, life
        insurance company taxable income, plus the amount of
        distribution from pre-1984 policyholder surplus
        accounts as calculated under Section 815a of the
        Internal Revenue Code;
            (B) Certain other insurance companies. In the case
        of mutual insurance companies subject to the tax
        imposed by Section 831 of the Internal Revenue Code,
        insurance company taxable income;
            (C) Regulated investment companies. In the case of
        a regulated investment company subject to the tax
        imposed by Section 852 of the Internal Revenue Code,
        investment company taxable income;
            (D) Real estate investment trusts. In the case of a
        real estate investment trust subject to the tax imposed
        by Section 857 of the Internal Revenue Code, real
        estate investment trust taxable income;
            (E) Consolidated corporations. In the case of a
        corporation which is a member of an affiliated group of
        corporations filing a consolidated income tax return
        for the taxable year for federal income tax purposes,
        taxable income determined as if such corporation had
        filed a separate return for federal income tax purposes
        for the taxable year and each preceding taxable year
        for which it was a member of an affiliated group. For
        purposes of this subparagraph, the taxpayer's separate
        taxable income shall be determined as if the election
        provided by Section 243(b)(2) of the Internal Revenue
        Code had been in effect for all such years;
            (F) Cooperatives. In the case of a cooperative
        corporation or association, the taxable income of such
        organization determined in accordance with the
        provisions of Section 1381 through 1388 of the Internal
        Revenue Code, but without regard to the prohibition
        against offsetting losses from patronage activities
        against income from nonpatronage activities; except
        that a cooperative corporation or association may make
        an election to follow its federal income tax treatment
        of patronage losses and nonpatronage losses. In the
        event such election is made, such losses shall be
        computed and carried over in a manner consistent with
        subsection (a) of Section 207 of this Act and
        apportioned by the apportionment factor reported by
        the cooperative on its Illinois income tax return filed
        for the taxable year in which the losses are incurred.
        The election shall be effective for all taxable years
        with original returns due on or after the date of the
        election. In addition, the cooperative may file an
        amended return or returns, as allowed under this Act,
        to provide that the election shall be effective for
        losses incurred or carried forward for taxable years
        occurring prior to the date of the election. Once made,
        the election may only be revoked upon approval of the
        Director. The Department shall adopt rules setting
        forth requirements for documenting the elections and
        any resulting Illinois net loss and the standards to be
        used by the Director in evaluating requests to revoke
        elections. Public Act 96-932 is declaratory of
        existing law;
            (G) Subchapter S corporations. In the case of: (i)
        a Subchapter S corporation for which there is in effect
        an election for the taxable year under Section 1362 of
        the Internal Revenue Code, the taxable income of such
        corporation determined in accordance with Section
        1363(b) of the Internal Revenue Code, except that
        taxable income shall take into account those items
        which are required by Section 1363(b)(1) of the
        Internal Revenue Code to be separately stated; and (ii)
        a Subchapter S corporation for which there is in effect
        a federal election to opt out of the provisions of the
        Subchapter S Revision Act of 1982 and have applied
        instead the prior federal Subchapter S rules as in
        effect on July 1, 1982, the taxable income of such
        corporation determined in accordance with the federal
        Subchapter S rules as in effect on July 1, 1982; and
            (H) Partnerships. In the case of a partnership,
        taxable income determined in accordance with Section
        703 of the Internal Revenue Code, except that taxable
        income shall take into account those items which are
        required by Section 703(a)(1) to be separately stated
        but which would be taken into account by an individual
        in calculating his taxable income.
        (3) Recapture of business expenses on disposition of
    asset or business. Notwithstanding any other law to the
    contrary, if in prior years income from an asset or
    business has been classified as business income and in a
    later year is demonstrated to be non-business income, then
    all expenses, without limitation, deducted in such later
    year and in the 2 immediately preceding taxable years
    related to that asset or business that generated the
    non-business income shall be added back and recaptured as
    business income in the year of the disposition of the asset
    or business. Such amount shall be apportioned to Illinois
    using the greater of the apportionment fraction computed
    for the business under Section 304 of this Act for the
    taxable year or the average of the apportionment fractions
    computed for the business under Section 304 of this Act for
    the taxable year and for the 2 immediately preceding
    taxable years.
 
    (f) Valuation limitation amount.
        (1) In general. The valuation limitation amount
    referred to in subsections (a)(2)(G), (c)(2)(I) and
    (d)(2)(E) is an amount equal to:
            (A) The sum of the pre-August 1, 1969 appreciation
        amounts (to the extent consisting of gain reportable
        under the provisions of Section 1245 or 1250 of the
        Internal Revenue Code) for all property in respect of
        which such gain was reported for the taxable year; plus
            (B) The lesser of (i) the sum of the pre-August 1,
        1969 appreciation amounts (to the extent consisting of
        capital gain) for all property in respect of which such
        gain was reported for federal income tax purposes for
        the taxable year, or (ii) the net capital gain for the
        taxable year, reduced in either case by any amount of
        such gain included in the amount determined under
        subsection (a)(2)(F) or (c)(2)(H).
        (2) Pre-August 1, 1969 appreciation amount.
            (A) If the fair market value of property referred
        to in paragraph (1) was readily ascertainable on August
        1, 1969, the pre-August 1, 1969 appreciation amount for
        such property is the lesser of (i) the excess of such
        fair market value over the taxpayer's basis (for
        determining gain) for such property on that date
        (determined under the Internal Revenue Code as in
        effect on that date), or (ii) the total gain realized
        and reportable for federal income tax purposes in
        respect of the sale, exchange or other disposition of
        such property.
            (B) If the fair market value of property referred
        to in paragraph (1) was not readily ascertainable on
        August 1, 1969, the pre-August 1, 1969 appreciation
        amount for such property is that amount which bears the
        same ratio to the total gain reported in respect of the
        property for federal income tax purposes for the
        taxable year, as the number of full calendar months in
        that part of the taxpayer's holding period for the
        property ending July 31, 1969 bears to the number of
        full calendar months in the taxpayer's entire holding
        period for the property.
            (C) The Department shall prescribe such
        regulations as may be necessary to carry out the
        purposes of this paragraph.
 
    (g) Double deductions. Unless specifically provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.
 
    (h) Legislative intention. Except as expressly provided by
this Section there shall be no modifications or limitations on
the amounts of income, gain, loss or deduction taken into
account in determining gross income, adjusted gross income or
taxable income for federal income tax purposes for the taxable
year, or in the amount of such items entering into the
computation of base income and net income under this Act for
such taxable year, whether in respect of property values as of
August 1, 1969 or otherwise.
(Source: P.A. 100-22, eff. 7-6-17; 100-905, eff. 8-17-18;
revised 10-29-18.)
 
    (35 ILCS 5/220)
    Sec. 220. Angel investment credit.
    (a) As used in this Section:
    "Applicant" means a corporation, partnership, limited
liability company, or a natural person that makes an investment
in a qualified new business venture. The term "applicant" does
not include (i) a corporation, partnership, limited liability
company, or a natural person who has a direct or indirect
ownership interest of at least 51% in the profits, capital, or
value of the qualified new business venture receiving the
investment or (ii) a related member.
    "Claimant" means an applicant certified by the Department
who files a claim for a credit under this Section.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Investment" means money (or its equivalent) given to a
qualified new business venture, at a risk of loss, in
consideration for an equity interest of the qualified new
business venture. The Department may adopt rules to permit
certain forms of contingent equity investments to be considered
eligible for a tax credit under this Section.
    "Qualified new business venture" means a business that is
registered with the Department under this Section.
    "Related member" means a person that, with respect to the
applicant, is any one of the following:
        (1) An individual, if the individual and the members of
    the individual's family (as defined in Section 318 of the
    Internal Revenue Code) own directly, indirectly,
    beneficially, or constructively, in the aggregate, at
    least 50% of the value of the outstanding profits, capital,
    stock, or other ownership interest in the qualified new
    business venture that is the recipient of the applicant's
    investment.
        (2) A partnership, estate, or trust and any partner or
    beneficiary, if the partnership, estate, or trust and its
    partners or beneficiaries own directly, indirectly,
    beneficially, or constructively, in the aggregate, at
    least 50% of the profits, capital, stock, or other
    ownership interest in the qualified new business venture
    that is the recipient of the applicant's investment.
        (3) A corporation, and any party related to the
    corporation in a manner that would require an attribution
    of stock from the corporation under the attribution rules
    of Section 318 of the Internal Revenue Code, if the
    applicant and any other related member own, in the
    aggregate, directly, indirectly, beneficially, or
    constructively, at least 50% of the value of the
    outstanding stock of the qualified new business venture
    that is the recipient of the applicant's investment.
        (4) A corporation and any party related to that
    corporation in a manner that would require an attribution
    of stock from the corporation to the party or from the
    party to the corporation under the attribution rules of
    Section 318 of the Internal Revenue Code, if the
    corporation and all such related parties own, in the
    aggregate, at least 50% of the profits, capital, stock, or
    other ownership interest in the qualified new business
    venture that is the recipient of the applicant's
    investment.
        (5) A person to or from whom there is attribution of
    ownership of stock in the qualified new business venture
    that is the recipient of the applicant's investment in
    accordance with Section 1563(e) of the Internal Revenue
    Code, except that for purposes of determining whether a
    person is a related member under this paragraph, "20%"
    shall be substituted for "5%" whenever "5%" appears in
    Section 1563(e) of the Internal Revenue Code.
    (b) For taxable years beginning after December 31, 2010,
and ending on or before December 31, 2021, subject to the
limitations provided in this Section, a claimant may claim, as
a credit against the tax imposed under subsections (a) and (b)
of Section 201 of this Act, an amount equal to 25% of the
claimant's investment made directly in a qualified new business
venture. In order for an investment in a qualified new business
venture to be eligible for tax credits, the business must have
applied for and received certification under subsection (e) for
the taxable year in which the investment was made prior to the
date on which the investment was made. The credit under this
Section may not exceed the taxpayer's Illinois income tax
liability for the taxable year. If the amount of the credit
exceeds the tax liability for the year, the excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit year. The credit
shall be applied to the earliest year for which there is a tax
liability. If there are credits from more than one tax year
that are available to offset a liability, the earlier credit
shall be applied first. In the case of a partnership or
Subchapter S Corporation, the credit is allowed to the partners
or shareholders in accordance with the determination of income
and distributive share of income under Sections 702 and 704 and
Subchapter S of the Internal Revenue Code.
    (c) The minimum amount an applicant must invest in any
single qualified new business venture in order to be eligible
for a credit under this Section is $10,000. The maximum amount
of an applicant's total investment made in any single qualified
new business venture that may be used as the basis for a credit
under this Section is $2,000,000.
    (d) The Department shall implement a program to certify an
applicant for an angel investment credit. Upon satisfactory
review, the Department shall issue a tax credit certificate
stating the amount of the tax credit to which the applicant is
entitled. The Department shall annually certify that: (i) each
qualified new business venture that receives an angel
investment under this Section has maintained a minimum
employment threshold, as defined by rule, in the State (and
continues to maintain a minimum employment threshold in the
State for a period of no less than 3 years from the issue date
of the last tax credit certificate issued by the Department
with respect to such business pursuant to this Section); and
(ii) the claimant's investment has been made and remains,
except in the event of a qualifying liquidity event, in the
qualified new business venture for no less than 3 years.
    If an investment for which a claimant is allowed a credit
under subsection (b) is held by the claimant for less than 3
years, other than as a result of a permitted sale of the
investment to person who is not a related member, the claimant
shall pay to the Department of Revenue, in the manner
prescribed by the Department of Revenue, the aggregate amount
of the disqualified credits that the claimant received related
to the subject investment.
    If the Department determines that a qualified new business
venture failed to maintain a minimum employment threshold in
the State through the date which is 3 years from the issue date
of the last tax credit certificate issued by the Department
with respect to the subject business pursuant to this Section,
the claimant or claimants shall pay to the Department of
Revenue, in the manner prescribed by the Department of Revenue,
the aggregate amount of the disqualified credits that claimant
or claimants received related to investments in that business.
    (e) The Department shall implement a program to register
qualified new business ventures for purposes of this Section. A
business desiring registration under this Section shall be
required to submit a full and complete application to the
Department. A submitted application shall be effective only for
the taxable year in which it is submitted, and a business
desiring registration under this Section shall be required to
submit a separate application in and for each taxable year for
which the business desires registration. Further, if at any
time prior to the acceptance of an application for registration
under this Section by the Department one or more events occurs
which makes the information provided in that application
materially false or incomplete (in whole or in part), the
business shall promptly notify the Department of the same. Any
failure of a business to promptly provide the foregoing
information to the Department may, at the discretion of the
Department, result in a revocation of a previously approved
application for that business, or disqualification of the
business from future registration under this Section, or both.
The Department may register the business only if all of the
following conditions are satisfied:
        (1) it has its principal place of business in this
    State;
        (2) at least 51% of the employees employed by the
    business are employed in this State;
        (3) the business has the potential for increasing jobs
    in this State, increasing capital investment in this State,
    or both, as determined by the Department, and either of the
    following apply:
            (A) it is principally engaged in innovation in any
        of the following: manufacturing; biotechnology;
        nanotechnology; communications; agricultural sciences;
        clean energy creation or storage technology;
        processing or assembling products, including medical
        devices, pharmaceuticals, computer software, computer
        hardware, semiconductors, other innovative technology
        products, or other products that are produced using
        manufacturing methods that are enabled by applying
        proprietary technology; or providing services that are
        enabled by applying proprietary technology; or
            (B) it is undertaking pre-commercialization
        activity related to proprietary technology that
        includes conducting research, developing a new product
        or business process, or developing a service that is
        principally reliant on applying proprietary
        technology;
        (4) it is not principally engaged in real estate
    development, insurance, banking, lending, lobbying,
    political consulting, professional services provided by
    attorneys, accountants, business consultants, physicians,
    or health care consultants, wholesale or retail trade,
    leisure, hospitality, transportation, or construction,
    except construction of power production plants that derive
    energy from a renewable energy resource, as defined in
    Section 1 of the Illinois Power Agency Act;
        (5) at the time it is first certified:
            (A) it has fewer than 100 employees;
            (B) it has been in operation in Illinois for not
        more than 10 consecutive years prior to the year of
        certification; and
            (C) it has received not more than $10,000,000 in
        aggregate investments;
        (5.1) it agrees to maintain a minimum employment
    threshold in the State of Illinois prior to the date which
    is 3 years from the issue date of the last tax credit
    certificate issued by the Department with respect to that
    business pursuant to this Section;
        (6) (blank); and
        (7) it has received not more than $4,000,000 in
    investments that qualified for tax credits under this
    Section.
    (f) The Department, in consultation with the Department of
Revenue, shall adopt rules to administer this Section. The
aggregate amount of the tax credits that may be claimed under
this Section for investments made in qualified new business
ventures shall be limited at $10,000,000 per calendar year, of
which $500,000 shall be reserved for investments made in
qualified new business ventures which are minority-owned
businesses, women-owned female-owned businesses, or businesses
owned by a person with a disability (as those terms are used
and defined in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act), and an additional $500,000
shall be reserved for investments made in qualified new
business ventures with their principal place of business in
counties with a population of not more than 250,000. The
foregoing annual allowable amounts shall be allocated by the
Department, on a per calendar quarter basis and prior to the
commencement of each calendar year, in such proportion as
determined by the Department, provided that: (i) the amount
initially allocated by the Department for any one calendar
quarter shall not exceed 35% of the total allowable amount;
(ii) any portion of the allocated allowable amount remaining
unused as of the end of any of the first 3 calendar quarters of
a given calendar year shall be rolled into, and added to, the
total allocated amount for the next available calendar quarter;
and (iii) the reservation of tax credits for investments in
minority-owned businesses, women-owned businesses, businesses
owned by a person with a disability, and in businesses in
counties with a population of not more than 250,000 is limited
to the first 3 calendar quarters of a given calendar year,
after which they may be claimed by investors in any qualified
new business venture.
    (g) A claimant may not sell or otherwise transfer a credit
awarded under this Section to another person.
    (h) On or before March 1 of each year, the Department shall
report to the Governor and to the General Assembly on the tax
credit certificates awarded under this Section for the prior
calendar year.
        (1) This report must include, for each tax credit
    certificate awarded:
            (A) the name of the claimant and the amount of
        credit awarded or allocated to that claimant;
            (B) the name and address (including the county) of
        the qualified new business venture that received the
        investment giving rise to the credit, the North
        American Industry Classification System (NAICS) code
        applicable to that qualified new business venture, and
        the number of employees of the qualified new business
        venture; and
            (C) the date of approval by the Department of each
        claimant's tax credit certificate.
        (2) The report must also include:
            (A) the total number of applicants and the total
        number of claimants, including the amount of each tax
        credit certificate awarded to a claimant under this
        Section in the prior calendar year;
            (B) the total number of applications from
        businesses seeking registration under this Section,
        the total number of new qualified business ventures
        registered by the Department, and the aggregate amount
        of investment upon which tax credit certificates were
        issued in the prior calendar year; and
            (C) the total amount of tax credit certificates
        sought by applicants, the amount of each tax credit
        certificate issued to a claimant, the aggregate amount
        of all tax credit certificates issued in the prior
        calendar year and the aggregate amount of tax credit
        certificates issued as authorized under this Section
        for all calendar years.
    (i) For each business seeking registration under this
Section after December 31, 2016, the Department shall require
the business to include in its application the North American
Industry Classification System (NAICS) code applicable to the
business and the number of employees of the business at the
time of application. Each business registered by the Department
as a qualified new business venture that receives an investment
giving rise to the issuance of a tax credit certificate
pursuant to this Section shall, for each of the 3 years
following the issue date of the last tax credit certificate
issued by the Department with respect to such business pursuant
to this Section, report to the Department the following:
        (1) the number of employees and the location at which
    those employees are employed, both as of the end of each
    year;
        (2) the amount of additional new capital investment
    raised as of the end of each year, if any; and
        (3) the terms of any liquidity event occurring during
    such year; for the purposes of this Section, a "liquidity
    event" means any event that would be considered an exit for
    an illiquid investment, including any event that allows the
    equity holders of the business (or any material portion
    thereof) to cash out some or all of their respective equity
    interests.
(Source: P.A. 100-328, eff. 1-1-18; 100-686, eff. 1-1-19;
100-863, eff. 8-14-18; revised 10-5-18.)
 
    (35 ILCS 5/221)
    Sec. 221. Rehabilitation costs; qualified historic
properties; River Edge Redevelopment Zone.
    (a) For taxable years that begin on or after January 1,
2012 and begin prior to January 1, 2018, there shall be allowed
a tax credit against the tax imposed by subsections (a) and (b)
of Section 201 of this Act in an amount equal to 25% of
qualified expenditures incurred by a qualified taxpayer during
the taxable year in the restoration and preservation of a
qualified historic structure located in a River Edge
Redevelopment Zone pursuant to a qualified rehabilitation
plan, provided that the total amount of such expenditures (i)
must equal $5,000 or more and (ii) must exceed 50% of the
purchase price of the property.
    (a-1) For taxable years that begin on or after January 1,
2018 and end prior to January 1, 2022, there shall be allowed a
tax credit against the tax imposed by subsections (a) and (b)
of Section 201 of this Act in an aggregate amount equal to 25%
of qualified expenditures incurred by a qualified taxpayer in
the restoration and preservation of a qualified historic
structure located in a River Edge Redevelopment Zone pursuant
to a qualified rehabilitation plan, provided that the total
amount of such expenditures must (i) equal $5,000 or more and
(ii) exceed the adjusted basis of the qualified historic
structure on the first day the qualified rehabilitation plan
begins. For any rehabilitation project, regardless of duration
or number of phases, the project's compliance with the
foregoing provisions (i) and (ii) shall be determined based on
the aggregate amount of qualified expenditures for the entire
project and may include expenditures incurred under subsection
(a), this subsection, or both subsection (a) and this
subsection. If the qualified rehabilitation plan spans
multiple years, the aggregate credit for the entire project
shall be allowed in the last taxable year, except for phased
rehabilitation projects, which may receive credits upon
completion of each phase. Before obtaining the first phased
credit: (A) the total amount of such expenditures must meet the
requirements of provisions (i) and (ii) of this subsection; (B)
the rehabilitated portion of the qualified historic structure
must be placed in service; and (C) the requirements of
subsection (b) must be met.
    (b) To obtain a tax credit pursuant to this Section, the
taxpayer must apply with the Department of Natural Resources.
The Department of Natural Resources shall determine the amount
of eligible rehabilitation costs and expenses within 45 days of
receipt of a complete application. The taxpayer must submit a
certification of costs prepared by an independent certified
public accountant that certifies (i) the project expenses, (ii)
whether those expenses are qualified expenditures, and (iii)
that the qualified expenditures exceed the adjusted basis of
the qualified historic structure on the first day the qualified
rehabilitation plan commenced. The Department of Natural
Resources is authorized, but not required, to accept this
certification of costs to determine the amount of qualified
expenditures and the amount of the credit. The Department of
Natural Resources shall provide guidance as to the minimum
standards to be followed in the preparation of such
certification. The Department of Natural Resources and the
National Park Service shall determine whether the
rehabilitation is consistent with the United States Secretary
of the Interior's Standards for Rehabilitation.
    (b-1) Upon completion of the project and approval of the
complete application, the Department of Natural Resources
shall issue a single certificate in the amount of the eligible
credits equal to 25% of qualified expenditures incurred during
the eligible taxable years, as defined in subsections (a) and
(a-1), excepting any credits awarded under subsection (a) prior
to January 1, 2019 (the effective date of Public Act 100-629)
this amendatory Act of the 100th General Assembly and any
phased credits issued prior to the eligible taxable year under
subsection (a-1). At the time the certificate is issued, an
issuance fee up to the maximum amount of 2% of the amount of
the credits issued by the certificate may be collected from the
applicant to administer the provisions of this Section. If
collected, this issuance fee shall be deposited into the
Historic Property Administrative Fund, a special fund created
in the State treasury. Subject to appropriation, moneys in the
Historic Property Administrative Fund shall be provided to the
Department of Natural Resources as reimbursement Department of
Natural Resources for the costs associated with administering
this Section.
    (c) The taxpayer must attach the certificate to the tax
return on which the credits are to be claimed. The tax credit
under this Section may not reduce the taxpayer's liability to
less than zero. If the amount of the credit exceeds the tax
liability for the year, the excess credit may be carried
forward and applied to the tax liability of the 5 taxable years
following the excess credit year.
    (c-1) Subject to appropriation, moneys in the Historic
Property Administrative Fund shall be used, on a biennial basis
beginning at the end of the second fiscal year after January 1,
2019 (the effective date of Public Act 100-629) this amendatory
Act of the 100th General Assembly, to hire a qualified third
party to prepare a biennial report to assess the overall
economic impact to the State from the qualified rehabilitation
projects under this Section completed in that year and in
previous years. The overall economic impact shall include at
least: (1) the direct and indirect or induced economic impacts
of completed projects; (2) temporary, permanent, and
construction jobs created; (3) sales, income, and property tax
generation before, during construction, and after completion;
and (4) indirect neighborhood impact after completion. The
report shall be submitted to the Governor and the General
Assembly. The report to the General Assembly shall be filed
with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct.
    (c-2) The Department of Natural Resources may adopt rules
to implement this Section in addition to the rules expressly
authorized in this Section.
    (d) As used in this Section, the following terms have the
following meanings.
    "Phased rehabilitation" means a project that is completed
in phases, as defined under Section 47 of the federal Internal
Revenue Code and pursuant to National Park Service regulations
at 36 C.F.R. 67.
    "Placed in service" means the date when the property is
placed in a condition or state of readiness and availability
for a specifically assigned function as defined under Section
47 of the federal Internal Revenue Code and federal Treasury
Regulation Sections 1.46 and 1.48.
    "Qualified expenditure" means all the costs and expenses
defined as qualified rehabilitation expenditures under Section
47 of the federal Internal Revenue Code that were incurred in
connection with a qualified historic structure.
    "Qualified historic structure" means a certified historic
structure as defined under Section 47(c)(3) of the federal
Internal Revenue Code.
    "Qualified rehabilitation plan" means a project that is
approved by the Department of Natural Resources and the
National Park Service as being consistent with the United
States Secretary of the Interior's Standards for
Rehabilitation.
    "Qualified taxpayer" means the owner of the qualified
historic structure or any other person who qualifies for the
federal rehabilitation credit allowed by Section 47 of the
federal Internal Revenue Code with respect to that qualified
historic structure. Partners, shareholders of subchapter S
corporations, and owners of limited liability companies (if the
limited liability company is treated as a partnership for
purposes of federal and State income taxation) are entitled to
a credit under this Section to be determined in accordance with
the determination of income and distributive share of income
under Sections 702 and 703 and subchapter S of the Internal
Revenue Code, provided that credits granted to a partnership, a
limited liability company taxed as a partnership, or other
multiple owners of property shall be passed through to the
partners, members, or owners respectively on a pro rata basis
or pursuant to an executed agreement among the partners,
members, or owners documenting any alternate distribution
method.
(Source: P.A. 99-914, eff. 12-20-16; 100-236, eff. 8-18-17;
100-629, eff. 1-1-19; 100-695, eff. 8-3-18; revised 10-18-18.)
 
    (35 ILCS 5/226)
    Sec. 226. Natural disaster credit.
    (a) For taxable years that begin on or after January 1,
2017 and begin prior to January 1, 2019, each taxpayer who owns
qualified real property located in a county in Illinois that
was declared a State disaster area by the Governor due to
flooding in 2017 or 2018 is entitled to a credit against the
taxes imposed by subsections (a) and (b) of Section 201 of this
Act in an amount equal to the lesser of $750 or the deduction
allowed (whether or not the taxpayer determines taxable income
under subsection (b) of Section 63 of the Internal Revenue
Code) with respect to the qualified property under Section 165
of the Internal Revenue Code, determined without regard to the
limitations imposed under subsection (h) of that Section. The
township assessor or, if the township assessor is unable, the
chief county assessment officer of the county in which the
property is located, shall issue a certificate to the taxpayer
identifying the taxpayer's property as damaged as a result of
the natural disaster. The certificate shall include the name
and address of the property owner, as well as the property
index number or permanent index number (PIN) of the damaged
property. The taxpayer shall attach a copy of such certificate
to the taxpayer's return for the taxable year for which the
credit is allowed.
    (b) In no event shall a credit under this Section reduce a
taxpayer's liability to less than zero. If the amount of credit
exceeds the tax liability for the year, the excess may be
carried forward and applied to the tax liability for the 5
taxable years following the excess credit year. The tax credit
shall be applied to the earliest year for which there is a tax
liability. If there are credits for more than one year that are
available to offset liability, the earlier credit shall be
applied first.
    (c) If the taxpayer is a partnership or Subchapter S
corporation, the credit shall be allowed to the partners or
shareholders in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
Subchapter S of the Internal Revenue Code.
    (d) A taxpayer is not entitled to the credit under this
Section if the taxpayer receives a Natural Disaster Homestead
Exemption under Section 15-173 of the Property Tax Code with
respect to the qualified real property as a result of the
natural disaster.
    (e) The township assessor or, if the township assessor is
unable to certify, the chief county assessment officer of the
county in which the property is located, shall certify to the
Department a listing of the properties located within the
county that have been damaged as a result of the natural
disaster (including the name and address of the property owner
and the property index number or permanent index number (PIN)
of each damage property).
    (f) As used in this Section:
        (1) "Qualified real property" means real property that
    is: (i) the taxpayer's principal residence or owned by a
    small business; (ii) damaged during the taxable year as a
    result of a disaster; and (iii) not used in a rental or
    leasing business.
        (2) "Small business" has the meaning given to that term
    in Section 1-75 of the Illinois Administrative Procedure
    Act.
    (g) Nothing in this Act prohibits the disclosure of
information by officials of a county or municipality involving
reports of damaged property or the owners of damaged property
if that disclosure is made to a township or county assessment
official in connection with a credit obtained or sought under
this Section.
(Source: P.A. 100-555, eff. 11-16-17; 100-587, eff. 6-4-18;
100-731, eff. 1-1-19; revised 8-30-18.)
 
    (35 ILCS 5/227)
    Sec. 227. Adoption credit.
    (a) Beginning with tax years ending on or after December
31, 2018, in the case of an individual taxpayer there shall be
allowed a credit against the tax imposed by subsections (a) and
(b) of Section 201 in an amount equal to the amount of the
federal adoption tax credit received pursuant to Section 23 of
the Internal Revenue Code with respect to the adoption of a
qualifying dependent child, subject to the limitations set
forth in this subsection and subsection (b). The aggregate
amount of qualified adoption expenses which may be taken into
account under this Section for all taxable years with respect
to the adoption of a qualifying dependent child by the taxpayer
shall not exceed $2,000 ($1,000 in the case of a married
individual filing a separate return). The credit under this
Section shall be allowed: (i) in the case of any expense paid
or incurred before the taxable year in which such adoption
becomes final, for the taxable year following the taxable year
during which such expense is paid or incurred, and (ii) in the
case of an expense paid or incurred during or after the taxable
year in which such adoption becomes final, for the taxable year
in which such expense is paid or incurred. No credit shall be
allowed under this Section for any expense to the extent that
funds for such expense are received under any federal, State,
or local program. For purposes of this Section, spouses filing
a joint return shall be considered one taxpayer.
    For a non-resident or part-year resident, the amount of the
credit under this Section shall be in proportion to the amount
of income attributable to this State.
    (b) Increased credit amount for resident children. With
respect to the adoption of an eligible child who is at least
one year old and resides in Illinois at the time the expenses
are paid or incurred, subsection (a) shall be applied by
substituting $5,000 ($2,500 in the case of a married individual
filing a separate return) for $2,000.
    (c) In no event shall a credit under this Section reduce
the taxpayer's liability to less than zero. If the amount of
the credit exceeds the income tax liability for the applicable
tax year, the excess may be carried forward and applied to the
tax liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest year
for which there is a tax liability. If there are credits from
more than one year that are available to offset a liability,
the earlier credit shall be applied first.
    (d) The term "qualified adoption expenses" shall have the
same meaning as under Section 23(d) of the Internal Revenue
Code.
(Source: P.A. 100-587, eff. 6-4-18.)
 
    (35 ILCS 5/228)
    Sec. 228 227. Historic preservation credit. For tax years
beginning on or after January 1, 2019 and ending on or before
December 31, 2023, a taxpayer who qualifies for a credit under
the Historic Preservation Tax Credit Act is entitled to a
credit against the taxes imposed under subsections (a) and (b)
of Section 201 of this Act as provided in that Act. If the
taxpayer is a partnership or Subchapter S corporation, the
credit shall be allowed to the partners or shareholders in
accordance with the determination of income and distributive
share of income under Sections 702 and 704 and Subchapter S of
the Internal Revenue Code. If the amount of any tax credit
awarded under this Section exceeds the qualified taxpayer's
income tax liability for the year in which the qualified
rehabilitation plan was placed in service, the excess amount
may be carried forward as provided in the Historic Preservation
Tax Credit Act.
(Source: P.A. 100-629, eff. 1-1-19; revised 10-9-18.)
 
    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
    Sec. 901. Collection authority.
    (a) In general. The Department shall collect the taxes
imposed by this Act. The Department shall collect certified
past due child support amounts under Section 2505-650 of the
Department of Revenue Law of the Civil Administrative Code of
Illinois. Except as provided in subsections (b), (c), (e), (f),
(g), and (h) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury; money
collected pursuant to subsections (c) and (d) of Section 201 of
this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law of the Civil Administrative Code of Illinois shall
be paid into the Child Support Enforcement Trust Fund, a
special fund outside the State Treasury, or to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code, as directed by the Department of
Healthcare and Family Services.
    (b) Local Government Distributive Fund. Beginning August
1, 1969, and continuing through June 30, 1994, the Treasurer
shall transfer each month from the General Revenue Fund to a
special fund in the State treasury, to be known as the "Local
Government Distributive Fund", an amount equal to 1/12 of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of this Act during the preceding month.
Beginning July 1, 1994, and continuing through June 30, 1995,
the Treasurer shall transfer each month from the General
Revenue Fund to the Local Government Distributive Fund an
amount equal to 1/11 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1995 and
continuing through January 31, 2011, the Treasurer shall
transfer each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to the net of (i)
1/10 of the net revenue realized from the tax imposed by
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act during the preceding month (ii) minus, beginning July
1, 2003 and ending June 30, 2004, $6,666,666, and beginning
July 1, 2004, zero. Beginning February 1, 2011, and continuing
through January 31, 2015, the Treasurer shall transfer each
month from the General Revenue Fund to the Local Government
Distributive Fund an amount equal to the sum of (i) 6% (10% of
the ratio of the 3% individual income tax rate prior to 2011 to
the 5% individual income tax rate after 2010) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon individuals, trusts, and
estates during the preceding month and (ii) 6.86% (10% of the
ratio of the 4.8% corporate income tax rate prior to 2011 to
the 7% corporate income tax rate after 2010) of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon corporations during the preceding
month. Beginning February 1, 2015 and continuing through July
31, 2017, the Treasurer shall transfer each month from the
General Revenue Fund to the Local Government Distributive Fund
an amount equal to the sum of (i) 8% (10% of the ratio of the 3%
individual income tax rate prior to 2011 to the 3.75%
individual income tax rate after 2014) of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon individuals, trusts, and estates
during the preceding month and (ii) 9.14% (10% of the ratio of
the 4.8% corporate income tax rate prior to 2011 to the 5.25%
corporate income tax rate after 2014) of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon corporations during the preceding
month. Beginning August 1, 2017, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to the sum of (i)
6.06% (10% of the ratio of the 3% individual income tax rate
prior to 2011 to the 4.95% individual income tax rate after
July 1, 2017) of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act upon
individuals, trusts, and estates during the preceding month and
(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax
rate prior to 2011 to the 7% corporate income tax rate after
July 1, 2017) of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act upon
corporations during the preceding month. Net revenue realized
for a month shall be defined as the revenue from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
which is deposited in the General Revenue Fund, the Education
Assistance Fund, the Income Tax Surcharge Local Government
Distributive Fund, the Fund for the Advancement of Education,
and the Commitment to Human Services Fund during the month
minus the amount paid out of the General Revenue Fund in State
warrants during that same month as refunds to taxpayers for
overpayment of liability under the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (b) to be
transferred by the Treasurer into the Local Government
Distributive Fund from the General Revenue Fund shall be
directly deposited into the Local Government Distributive Fund
as the revenue is realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
    For State fiscal year 2018 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2018 shall be reduced by 10%.
    For State fiscal year 2019 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2019 shall be reduced by 5%.
    (c) Deposits Into Income Tax Refund Fund.
        (1) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(1), (2), and
    (3) of Section 201 of this Act into a fund in the State
    treasury known as the Income Tax Refund Fund. The
    Department shall deposit 6% of such amounts during the
    period beginning January 1, 1989 and ending on June 30,
    1989. Beginning with State fiscal year 1990 and for each
    fiscal year thereafter, the percentage deposited into the
    Income Tax Refund Fund during a fiscal year shall be the
    Annual Percentage. For fiscal years 1999 through 2001, the
    Annual Percentage shall be 7.1%. For fiscal year 2003, the
    Annual Percentage shall be 8%. For fiscal year 2004, the
    Annual Percentage shall be 11.7%. Upon the effective date
    of Public Act 93-839 (July 30, 2004), the Annual Percentage
    shall be 10% for fiscal year 2005. For fiscal year 2006,
    the Annual Percentage shall be 9.75%. For fiscal year 2007,
    the Annual Percentage shall be 9.75%. For fiscal year 2008,
    the Annual Percentage shall be 7.75%. For fiscal year 2009,
    the Annual Percentage shall be 9.75%. For fiscal year 2010,
    the Annual Percentage shall be 9.75%. For fiscal year 2011,
    the Annual Percentage shall be 8.75%. For fiscal year 2012,
    the Annual Percentage shall be 8.75%. For fiscal year 2013,
    the Annual Percentage shall be 9.75%. For fiscal year 2014,
    the Annual Percentage shall be 9.5%. For fiscal year 2015,
    the Annual Percentage shall be 10%. For fiscal year 2018,
    the Annual Percentage shall be 9.8%. For fiscal year 2019,
    the Annual Percentage shall be 9.7%. For all other fiscal
    years, the Annual Percentage shall be calculated as a
    fraction, the numerator of which shall be the amount of
    refunds approved for payment by the Department during the
    preceding fiscal year as a result of overpayment of tax
    liability under subsections (a) and (b)(1), (2), and (3) of
    Section 201 of this Act plus the amount of such refunds
    remaining approved but unpaid at the end of the preceding
    fiscal year, minus the amounts transferred into the Income
    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
    and the denominator of which shall be the amounts which
    will be collected pursuant to subsections (a) and (b)(1),
    (2), and (3) of Section 201 of this Act during the
    preceding fiscal year; except that in State fiscal year
    2002, the Annual Percentage shall in no event exceed 7.6%.
    The Director of Revenue shall certify the Annual Percentage
    to the Comptroller on the last business day of the fiscal
    year immediately preceding the fiscal year for which it is
    to be effective.
        (2) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(6), (7), and
    (8), (c) and (d) of Section 201 of this Act into a fund in
    the State treasury known as the Income Tax Refund Fund. The
    Department shall deposit 18% of such amounts during the
    period beginning January 1, 1989 and ending on June 30,
    1989. Beginning with State fiscal year 1990 and for each
    fiscal year thereafter, the percentage deposited into the
    Income Tax Refund Fund during a fiscal year shall be the
    Annual Percentage. For fiscal years 1999, 2000, and 2001,
    the Annual Percentage shall be 19%. For fiscal year 2003,
    the Annual Percentage shall be 27%. For fiscal year 2004,
    the Annual Percentage shall be 32%. Upon the effective date
    of Public Act 93-839 (July 30, 2004), the Annual Percentage
    shall be 24% for fiscal year 2005. For fiscal year 2006,
    the Annual Percentage shall be 20%. For fiscal year 2007,
    the Annual Percentage shall be 17.5%. For fiscal year 2008,
    the Annual Percentage shall be 15.5%. For fiscal year 2009,
    the Annual Percentage shall be 17.5%. For fiscal year 2010,
    the Annual Percentage shall be 17.5%. For fiscal year 2011,
    the Annual Percentage shall be 17.5%. For fiscal year 2012,
    the Annual Percentage shall be 17.5%. For fiscal year 2013,
    the Annual Percentage shall be 14%. For fiscal year 2014,
    the Annual Percentage shall be 13.4%. For fiscal year 2015,
    the Annual Percentage shall be 14%. For fiscal year 2018,
    the Annual Percentage shall be 17.5%. For fiscal year 2019,
    the Annual Percentage shall be 15.5%. For all other fiscal
    years, the Annual Percentage shall be calculated as a
    fraction, the numerator of which shall be the amount of
    refunds approved for payment by the Department during the
    preceding fiscal year as a result of overpayment of tax
    liability under subsections (a) and (b)(6), (7), and (8),
    (c) and (d) of Section 201 of this Act plus the amount of
    such refunds remaining approved but unpaid at the end of
    the preceding fiscal year, and the denominator of which
    shall be the amounts which will be collected pursuant to
    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
    Section 201 of this Act during the preceding fiscal year;
    except that in State fiscal year 2002, the Annual
    Percentage shall in no event exceed 23%. The Director of
    Revenue shall certify the Annual Percentage to the
    Comptroller on the last business day of the fiscal year
    immediately preceding the fiscal year for which it is to be
    effective.
        (3) The Comptroller shall order transferred and the
    Treasurer shall transfer from the Tobacco Settlement
    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
    in January, 2001, (ii) $35,000,000 in January, 2002, and
    (iii) $35,000,000 in January, 2003.
    (d) Expenditures from Income Tax Refund Fund.
        (1) Beginning January 1, 1989, money in the Income Tax
    Refund Fund shall be expended exclusively for the purpose
    of paying refunds resulting from overpayment of tax
    liability under Section 201 of this Act and for making
    transfers pursuant to this subsection (d).
        (2) The Director shall order payment of refunds
    resulting from overpayment of tax liability under Section
    201 of this Act from the Income Tax Refund Fund only to the
    extent that amounts collected pursuant to Section 201 of
    this Act and transfers pursuant to this subsection (d) and
    item (3) of subsection (c) have been deposited and retained
    in the Fund.
        (3) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Income Tax Refund Fund to the Personal Property Tax
    Replacement Fund an amount, certified by the Director to
    the Comptroller, equal to the excess of the amount
    collected pursuant to subsections (c) and (d) of Section
    201 of this Act deposited into the Income Tax Refund Fund
    during the fiscal year over the amount of refunds resulting
    from overpayment of tax liability under subsections (c) and
    (d) of Section 201 of this Act paid from the Income Tax
    Refund Fund during the fiscal year.
        (4) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Personal Property Tax Replacement Fund to the Income Tax
    Refund Fund an amount, certified by the Director to the
    Comptroller, equal to the excess of the amount of refunds
    resulting from overpayment of tax liability under
    subsections (c) and (d) of Section 201 of this Act paid
    from the Income Tax Refund Fund during the fiscal year over
    the amount collected pursuant to subsections (c) and (d) of
    Section 201 of this Act deposited into the Income Tax
    Refund Fund during the fiscal year.
        (4.5) As soon as possible after the end of fiscal year
    1999 and of each fiscal year thereafter, the Director shall
    order transferred and the State Treasurer and State
    Comptroller shall transfer from the Income Tax Refund Fund
    to the General Revenue Fund any surplus remaining in the
    Income Tax Refund Fund as of the end of such fiscal year;
    excluding for fiscal years 2000, 2001, and 2002 amounts
    attributable to transfers under item (3) of subsection (c)
    less refunds resulting from the earned income tax credit.
        (5) This Act shall constitute an irrevocable and
    continuing appropriation from the Income Tax Refund Fund
    for the purpose of paying refunds upon the order of the
    Director in accordance with the provisions of this Section.
    (e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund. On
July 1, 1991, and thereafter, of the amounts collected pursuant
to subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 7.3% into the Education Assistance Fund in the State
Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
    (f) Deposits into the Fund for the Advancement of
Education. Beginning February 1, 2015, the Department shall
deposit the following portions of the revenue realized from the
tax imposed upon individuals, trusts, and estates by
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, into the Fund for the
Advancement of Education:
        (1) beginning February 1, 2015, and prior to February
    1, 2025, 1/30; and
        (2) beginning February 1, 2025, 1/26.
    If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (f) on or after the effective date of the reduction.
    (g) Deposits into the Commitment to Human Services Fund.
Beginning February 1, 2015, the Department shall deposit the
following portions of the revenue realized from the tax imposed
upon individuals, trusts, and estates by subsections (a) and
(b) of Section 201 of this Act, minus deposits into the Income
Tax Refund Fund, into the Commitment to Human Services Fund:
        (1) beginning February 1, 2015, and prior to February
    1, 2025, 1/30; and
        (2) beginning February 1, 2025, 1/26.
    If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (g) on or after the effective date of the reduction.
    (h) Deposits into the Tax Compliance and Administration
Fund. Beginning on the first day of the first calendar month to
occur on or after August 26, 2014 (the effective date of Public
Act 98-1098), each month the Department shall pay into the Tax
Compliance and Administration Fund, to be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,
eff. 7-6-17; 100-587, eff. 6-4-18; 100-621, eff. 7-20-18;
100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; revised 1-8-19.)
 
    Section 270. The Economic Development for a Growing Economy
Tax Credit Act is amended by changing Section 5-20 as follows:
 
    (35 ILCS 10/5-20)
    Sec. 5-20. Application for a project to create and retain
new jobs.
    (a) Any Taxpayer proposing a project located or planned to
be located in Illinois may request consideration for
designation of its project, by formal written letter of request
or by formal application to the Department, in which the
Applicant states its intent to make at least a specified level
of investment and intends to hire or retain a specified number
of full-time employees at a designated location in Illinois. As
circumstances require, the Department may require a formal
application from an Applicant and a formal letter of request
for assistance.
    (b) In order to qualify for Credits under this Act, an
Applicant's project must:
        (1) if the Applicant has more than 100 employees,
    involve an investment of at least $2,500,000 in capital
    improvements to be placed in service within the State as a
    direct result of the project; if the Applicant has 100 or
    fewer employees, then there is no capital investment
    requirement;
        (1.5) if the Applicant has more than 100 employees,
    employ a number of new employees in the State equal to the
    lesser of (A) 10% of the number of full-time employees
    employed by the applicant world-wide on the date the
    application is filed with the Department or (B) 50 New
    Employees; and, if the Applicant has 100 or fewer
    employees, employ a number of new employees in the State
    equal to the lesser of (A) 5% of the number of full-time
    employees employed by the applicant world-wide on the date
    the application is filed with the Department or (B) 50 New
    Employees; and
        (2) (blank);
        (3) (blank); and
        (4) include an annual sexual harassment policy report
    as provided under Section 5-58.
    (c) After receipt of an application, the Department may
enter into an Agreement with the Applicant if the application
is accepted in accordance with Section 5-25.
(Source: P.A. 100-511, eff. 9-18-17; 100-698, eff. 1-1-19;
revised 10-1-18.)
 
    Section 275. The Film Production Services Tax Credit Act of
2008 is amended by changing Section 45 as follows:
 
    (35 ILCS 16/45)
    Sec. 45. Evaluation of tax credit program; reports to the
General Assembly.
    (a) The Department shall evaluate the tax credit program.
The evaluation must include an assessment of the effectiveness
of the program in creating and retaining new jobs in Illinois
and of the revenue impact of the program, and may include a
review of the practices and experiences of other states or
nations with similar programs. Upon completion of this
evaluation, the Department shall determine the overall success
of the program, and may make a recommendation to extend,
modify, or not extend the program based on this evaluation.
    (b) At the end of each fiscal quarter, the Department must
submit to the General Assembly a report that includes, without
limitation, the following information:
        (1) the economic impact of the tax credit program,
    including the number of jobs created and retained,
    including whether the job positions are entry level,
    management, talent-related, vendor-related, or
    production-related;
        (2) the amount of film production spending brought to
    Illinois, including the amount of spending and type of
    Illinois vendors hired in connection with an accredited
    production; and
        (3) an overall picture of whether the human
    infrastructure of the motion picture industry in Illinois
    reflects the geographical, racial and ethnic, gender, and
    income-level diversity of the State of Illinois.
    (c) At the end of each fiscal year, the Department must
submit to the General Assembly a report that includes the
following information:
        (1) an identification of each vendor that provided
    goods or services that were included in an accredited
    production's Illinois production spending, provided that
    the accredited production's Illinois production spending
    attributable to that vendor exceeds, in the aggregate,
    $10,000 or 10% of the accredited production's Illinois
    production spending, whichever is less;
        (2) the amount paid to each identified vendor by the
    accredited production;
        (3) for each identified vendor, a statement as to
    whether the vendor is a minority-owned business or a
    women-owned business, as defined under Section 2 of the
    Business Enterprise for Minorities, Women, and Persons
    with Disabilities Act, based on the best efforts of an
    accredited production; and
        (4) a description of any steps taken by the Department
    to encourage accredited productions to use vendors who are
    a minority-owned business or a women-owned business.
(Source: P.A. 100-391, eff. 8-25-17; 100-603, eff. 7-13-18;
revised 7-31-18.)
 
    Section 280. The Historic Preservation Tax Credit Act is
amended by changing Section 10 as follows:
 
    (35 ILCS 31/10)
    Sec. 10. Allowable credit.
    (a) To the extent authorized by this Act, for taxable years
beginning on or after January 1, 2019 and ending on or before
December 31, 2023, there shall be allowed a tax credit against
the tax imposed by subsections (a) and (b) of Section 201 of
the Illinois Income Tax Act in an aggregate amount equal to 25%
of qualified expenditures incurred by a qualified taxpayer
undertaking a qualified rehabilitation plan of a qualified
historic structure, provided that the total amount of such
expenditures must (i) equal $5,000 or more or (ii) exceed the
adjusted basis of the qualified historic structure on the first
day the qualified rehabilitation plan commenced. If the
qualified rehabilitation plan spans multiple years, the
aggregate credit for the entire project shall be allowed in the
last taxable year.
    (b) To obtain a tax credit pursuant to this Section, the
taxpayer must apply with the Division. The Division shall
determine the amount of eligible rehabilitation expenditures
within 45 days after receipt of a complete application. The
taxpayer must provide to the Division a third-party cost
certification conducted by a certified public accountant
verifying (i) the qualified and non-qualified rehabilitation
expenses and (ii) that the qualified expenditures exceed the
adjusted basis of the qualified historic structure on the first
day the qualified rehabilitation plan commenced. The
accountant shall provide appropriate review and testing of
invoices. The Division is authorized, but not required, to
accept this third-party cost certification to determine the
amount of qualified expenditures. The Division and the National
Park Service shall determine whether the rehabilitation is
consistent with the Standards of the Secretary of the United
States Department of the Interior.
    (c) If the amount of any tax credit awarded under this Act
exceeds the qualified taxpayer's income tax liability for the
year in which the qualified rehabilitation plan was placed in
service, the excess amount may be carried forward for deduction
from the taxpayer's income tax liability in the next succeeding
year or years until the total amount of the credit has been
used, except that a credit may not be carried forward for
deduction after the tenth taxable year after the taxable year
in which the qualified rehabilitation plan was placed in
service. Upon completion and review of the project, the
Division shall issue a single certificate in the amount of the
eligible credits equal to 25% of the qualified expenditures
incurred during the eligible taxable years. At the time the
certificate is issued, an issuance fee up to the maximum amount
of 2% of the amount of the credits issued by the certificate
may be collected from the applicant to administer the Act. If
collected, this issuance fee shall be directed to the Division
Historic Property Administrative Fund or other such fund as
appropriate for use of the Division in the administration of
the Historic Preservation Tax Credit Program. The taxpayer must
attach the certificate or legal documentation of her or his
proportional share of the certificate to the tax return on
which the credits are to be claimed. The tax credit under this
Section may not reduce the taxpayer's liability to less than
zero. If the amount of the credit exceeds the tax liability for
the year, the excess credit may be carried forward and applied
to the tax liability of the 10 taxable years following the
excess credit year.
    (d) If the taxpayer is (i) a corporation having an election
in effect under Subchapter S of the federal Internal Revenue
Code, (ii) a partnership, or (iii) a limited liability company,
the credit provided under this Act may be claimed by the
shareholders of the corporation, the partners of the
partnership, or the members of the limited liability company in
the same manner as those shareholders, partners, or members
account for their proportionate shares of the income or losses
of the corporation, partnership, or limited liability company,
or as provided in the bylaws or other executed agreement of the
corporation, partnership, or limited liability company.
Credits granted to a partnership, a limited liability company
taxed as a partnership, or other multiple owners of property
shall be passed through to the partners, members, or owners
respectively on a pro rata basis or pursuant to an executed
agreement among the partners, members, or owners documenting
any alternate distribution method.
    (e) If a recapture event occurs during the recapture period
with respect to a qualified historic structure, then for any
taxable year in which the credits are allowed as specified in
this Act, the tax under the applicable Section of this Act
shall be increased by applying the recapture percentage set
forth below to the tax decrease resulting from the application
of credits allowed under this Act to the taxable year in
question.
    For the purposes of this subsection, the recapture
percentage shall be determined as follows:
        (1) if the recapture event occurs within the first year
    after commencement of the recapture period, then the
    recapture percentage is 100%;
        (2) if the recapture event occurs within the second
    year after commencement of the recapture period, then the
    recapture percentage is 80%;
        (3) if the recapture event occurs within the third year
    after commencement of the recapture period, then the
    recapture percentage is 60%;
        (4) if the recapture event occurs within the fourth
    year after commencement of the recapture period, then the
    recapture percentage is 40%; and
        (5) if the recapture event occurs within the fifth year
    after commencement of the recapture period, then the
    recapture percentage is 20%.
    In the case of any recapture event, the carryforwards under
this Act shall be adjusted by reason of such event.
    (f) (d) The Division may adopt rules to implement this
Section in addition to the rules expressly authorized herein.
(Source: P.A. 100-629, eff. 1-1-19; revised 10-1-18.)
 
    Section 285. The Use Tax Act is amended by changing Section
3-5 as follows:
 
    (35 ILCS 105/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the
effective date of Public Act 92-35), however, an entity
otherwise eligible for this exemption shall not make tax-free
purchases unless it has an active identification number issued
by the Department.
    (4) Personal property purchased by a governmental body, by
a corporation, society, association, foundation, or
institution organized and operated exclusively for charitable,
religious, or educational purposes, or by a not-for-profit
corporation, society, association, foundation, institution, or
organization that has no compensated officers or employees and
that is organized and operated primarily for the recreation of
persons 55 years of age or older. A limited liability company
may qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active exemption
identification number issued by the Department.
    (5) Until July 1, 2003, a passenger car that is a
replacement vehicle to the extent that the purchase price of
the car is subject to the Replacement Vehicle Tax.
    (6) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order,
certified by the purchaser to be used primarily for graphic
arts production, and including machinery and equipment
purchased for lease. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon a
graphic arts product. Beginning on July 1, 2017, graphic arts
machinery and equipment is included in the manufacturing and
assembling machinery and equipment exemption under paragraph
(18).
    (7) Farm chemicals.
    (8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (10) A motor vehicle that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act.
    (11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (11). Agricultural chemical tender tanks and dry
boxes shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (11) is exempt from the
provisions of Section 3-90.
    (12) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
    Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
    (13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages purchased at retail from a retailer, to the
extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
    (14) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (16) Until July 1, 2023, coal and aggregate exploration,
mining, off-highway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code. The changes made to this Section by
Public Act 97-767 apply on and after July 1, 2003, but no claim
for credit or refund is allowed on or after August 16, 2013
(the effective date of Public Act 98-456) for such taxes paid
during the period beginning July 1, 2003 and ending on August
16, 2013 (the effective date of Public Act 98-456).
    (17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
    (18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order for
a particular purchaser. The exemption provided by this
paragraph (18) does not include machinery and equipment used in
(i) the generation of electricity for wholesale or retail sale;
(ii) the generation or treatment of natural or artificial gas
for wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment of
water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The provisions of
Public Act 98-583 are declaratory of existing law as to the
meaning and scope of this exemption. Beginning on July 1, 2017,
the exemption provided by this paragraph (18) includes, but is
not limited to, graphic arts machinery and equipment, as
defined in paragraph (6) of this Section.
    (19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
    (20) Semen used for artificial insemination of livestock
for direct agricultural production.
    (21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (21) is exempt from the provisions
of Section 3-90, and the exemption provided for under this item
(21) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 for such taxes paid during the period beginning May 30,
2000 and ending on January 1, 2008.
    (22) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department.
    (23) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active sales tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation
Tax Act. If the property is leased in a manner that does not
qualify for this exemption or used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Service Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Service Use Tax Act, as the case may be, if the tax has not been
paid by the lessor. If a lessor improperly collects any such
amount from the lessee, the lessee shall have a legal right to
claim a refund of that amount from the lessor. If, however,
that amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
    (24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (26) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-90.
    (27) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-90.
    (29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-90.
    (30) Beginning January 1, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
    (31) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), computers and communications equipment
utilized for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the nonqualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
    (32) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), personal property purchased by a lessor who
leases the property, under a lease of one year or longer
executed or in effect at the time the lessor would otherwise be
subject to the tax imposed by this Act, to a governmental body
that has been issued an active sales tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the property is leased in a
manner that does not qualify for this exemption or used in any
other nonexempt manner, the lessor shall be liable for the tax
imposed under this Act or the Service Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Service Use Tax Act, as the case may be, if the tax has not been
paid by the lessor. If a lessor improperly collects any such
amount from the lessee, the lessee shall have a legal right to
claim a refund of that amount from the lessor. If, however,
that amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department. This
paragraph is exempt from the provisions of Section 3-90.
    (33) On and after July 1, 2003 and through June 30, 2004,
the use in this State of motor vehicles of the second division
with a gross vehicle weight in excess of 8,000 pounds and that
are subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
1, 2004 and through June 30, 2005, the use in this State of
motor vehicles of the second division: (i) with a gross vehicle
weight rating in excess of 8,000 pounds; (ii) that are subject
to the commercial distribution fee imposed under Section
3-815.1 of the Illinois Vehicle Code; and (iii) that are
primarily used for commercial purposes. Through June 30, 2005,
this exemption applies to repair and replacement parts added
after the initial purchase of such a motor vehicle if that
motor vehicle is used in a manner that would qualify for the
rolling stock exemption otherwise provided for in this Act. For
purposes of this paragraph, the term "used for commercial
purposes" means the transportation of persons or property in
furtherance of any commercial or industrial enterprise,
whether for-hire or not.
    (34) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-90.
    (35) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the use of qualifying
tangible personal property by persons who modify, refurbish,
complete, repair, replace, or maintain aircraft and who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (35) by Public Act 98-534 are declarative of existing
law.
    (36) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-90.
    (37) Beginning January 1, 2017, menstrual pads, tampons,
and menstrual cups.
    (38) Merchandise that is subject to the Rental Purchase
Agreement Occupation and Use Tax. The purchaser must certify
that the item is purchased to be rented subject to a rental
purchase agreement, as defined in the Rental Purchase Agreement
Act, and provide proof of registration under the Rental
Purchase Agreement Occupation and Use Tax Act. This paragraph
is exempt from the provisions of Section 3-90.
    (39) Tangible personal property purchased by a purchaser
who is exempt from the tax imposed by this Act by operation of
federal law. This paragraph is exempt from the provisions of
Section 3-90.
(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
100-22, eff. 7-6-17; 100-437, eff. 1-1-18; 100-594, eff.
6-29-18; 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; revised
1-8-19.)
 
    Section 290. The Service Use Tax Act is amended by changing
Section 3-5 as follows:
 
    (35 ILCS 110/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the
effective date of Public Act 92-35) this amendatory Act of the
92nd General Assembly, however, an entity otherwise eligible
for this exemption shall not make tax-free purchases unless it
has an active identification number issued by the Department.
    (4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product. Beginning on July
1, 2017, graphic arts machinery and equipment is included in
the manufacturing and assembling machinery and equipment
exemption under Section 2 of this Act.
    (6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-75.
    (8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
    Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
    (9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages acquired as an incident to the purchase of a
service from a serviceman, to the extent that the proceeds of
the service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both new
and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
    (12) Until July 1, 2023, coal and aggregate exploration,
mining, off-highway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code. The changes made to this Section by
Public Act 97-767 apply on and after July 1, 2003, but no claim
for credit or refund is allowed on or after August 16, 2013
(the effective date of Public Act 98-456) for such taxes paid
during the period beginning July 1, 2003 and ending on August
16, 2013 (the effective date of Public Act 98-456).
    (13) Semen used for artificial insemination of livestock
for direct agricultural production.
    (14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (14) is exempt from the provisions
of Section 3-75, and the exemption provided for under this item
(14) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 (the effective date of Public Act 95-88) this amendatory
Act of the 95th General Assembly for such taxes paid during the
period beginning May 30, 2000 and ending on January 1, 2008
(the effective date of Public Act 95-88) this amendatory Act of
the 95th General Assembly.
    (15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
    (16) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active tax exemption identification number by the
Department under Section 1g of the Retailers' Occupation Tax
Act. If the property is leased in a manner that does not
qualify for this exemption or is used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
    (17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (19) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-75.
    (20) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-75.
    (22) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-75.
    (23) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
    (24) Beginning on August 2, 2001 (the effective date of
Public Act 92-227) this amendatory Act of the 92nd General
Assembly, computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
    (25) Beginning on August 2, 2001 (the effective date of
Public Act 92-227) this amendatory Act of the 92nd General
Assembly, personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or
in effect at the time the lessor would otherwise be subject to
the tax imposed by this Act, to a governmental body that has
been issued an active tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation
Tax Act. If the property is leased in a manner that does not
qualify for this exemption or is used in any other nonexempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair market value of the property at the time the nonqualifying
use occurs. No lessor shall collect or attempt to collect an
amount (however designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Use Tax Act, as
the case may be, if the tax has not been paid by the lessor. If
a lessor improperly collects any such amount from the lessee,
the lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable to
pay that amount to the Department. This paragraph is exempt
from the provisions of Section 3-75.
    (26) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-75.
    (27) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the use of qualifying
tangible personal property transferred incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (27) by Public Act 98-534 are declarative of existing
law.
    (28) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-75.
    (29) Beginning January 1, 2017, menstrual pads, tampons,
and menstrual cups.
    (30) Tangible personal property transferred to a purchaser
who is exempt from the tax imposed by this Act by operation of
federal law. This paragraph is exempt from the provisions of
Section 3-75.
(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
100-22, eff. 7-6-17; 100-594, eff. 6-29-18; 100-1171, eff.
1-4-19; revised 1-8-19.)
 
    Section 295. The Service Occupation Tax Act is amended by
changing Section 3-5 as follows:
 
    (35 ILCS 115/3-5)
    Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
    (1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
    (2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
    (3) Personal property purchased by any not-for-profit arts
or cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the
effective date of Public Act 92-35) this amendatory Act of the
92nd General Assembly, however, an entity otherwise eligible
for this exemption shall not make tax-free purchases unless it
has an active identification number issued by the Department.
    (4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product. Beginning on July
1, 2017, graphic arts machinery and equipment is included in
the manufacturing and assembling machinery and equipment
exemption under Section 2 of this Act.
    (6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
    (7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-55.
    (8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
    Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
    (9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (12) Until July 1, 2023, coal and aggregate exploration,
mining, off-highway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code. The changes made to this Section by
Public Act 97-767 apply on and after July 1, 2003, but no claim
for credit or refund is allowed on or after August 16, 2013
(the effective date of Public Act 98-456) for such taxes paid
during the period beginning July 1, 2003 and ending on August
16, 2013 (the effective date of Public Act 98-456).
    (13) Beginning January 1, 1992 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food that has been prepared for immediate
consumption) and prescription and non-prescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
    (14) Semen used for artificial insemination of livestock
for direct agricultural production.
    (15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (15) is exempt from the provisions
of Section 3-55, and the exemption provided for under this item
(15) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 (the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending on
January 1, 2008 (the effective date of Public Act 95-88).
    (16) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act.
    (17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers' Occupation
Tax Act.
    (18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (20) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" as that term is used
in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-55.
    (21) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (22) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-55.
    (23) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-55.
    (24) Beginning on August 2, 2001 (the effective date of
Public Act 92-227) this amendatory Act of the 92nd General
Assembly, computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. This paragraph is exempt from
the provisions of Section 3-55.
    (25) Beginning on August 2, 2001 (the effective date of
Public Act 92-227) this amendatory Act of the 92nd General
Assembly, personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers' Occupation
Tax Act. This paragraph is exempt from the provisions of
Section 3-55.
    (26) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (26). The permit issued under this paragraph (26)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
    (27) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-55.
    (28) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-55.
    (29) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the transfer of
qualifying tangible personal property incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of an aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (29) by Public Act 98-534 are declarative of existing
law.
    (30) Beginning January 1, 2017, menstrual pads, tampons,
and menstrual cups.
    (31) Tangible personal property transferred to a purchaser
who is exempt from tax by operation of federal law. This
paragraph is exempt from the provisions of Section 3-55.
(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
100-22, eff. 7-6-17; 100-594, eff. 6-29-18; 100-1171, eff.
1-4-19; revised 1-8-19.)
 
    Section 300. The Retailers' Occupation Tax Act is amended
by changing Section 2-5 as follows:
 
    (35 ILCS 120/2-5)
    Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt
from the tax imposed by this Act:
        (1) Farm chemicals.
        (2) Farm machinery and equipment, both new and used,
    including that manufactured on special order, certified by
    the purchaser to be used primarily for production
    agriculture or State or federal agricultural programs,
    including individual replacement parts for the machinery
    and equipment, including machinery and equipment purchased
    for lease, and including implements of husbandry defined in
    Section 1-130 of the Illinois Vehicle Code, farm machinery
    and agricultural chemical and fertilizer spreaders, and
    nurse wagons required to be registered under Section 3-809
    of the Illinois Vehicle Code, but excluding other motor
    vehicles required to be registered under the Illinois
    Vehicle Code. Horticultural polyhouses or hoop houses used
    for propagating, growing, or overwintering plants shall be
    considered farm machinery and equipment under this item
    (2). Agricultural chemical tender tanks and dry boxes shall
    include units sold separately from a motor vehicle required
    to be licensed and units sold mounted on a motor vehicle
    required to be licensed, if the selling price of the tender
    is separately stated.
        Farm machinery and equipment shall include precision
    farming equipment that is installed or purchased to be
    installed on farm machinery and equipment including, but
    not limited to, tractors, harvesters, sprayers, planters,
    seeders, or spreaders. Precision farming equipment
    includes, but is not limited to, soil testing sensors,
    computers, monitors, software, global positioning and
    mapping systems, and other such equipment.
        Farm machinery and equipment also includes computers,
    sensors, software, and related equipment used primarily in
    the computer-assisted operation of production agriculture
    facilities, equipment, and activities such as, but not
    limited to, the collection, monitoring, and correlation of
    animal and crop data for the purpose of formulating animal
    diets and agricultural chemicals. This item (2) is exempt
    from the provisions of Section 2-70.
        (3) Until July 1, 2003, distillation machinery and
    equipment, sold as a unit or kit, assembled or installed by
    the retailer, certified by the user to be used only for the
    production of ethyl alcohol that will be used for
    consumption as motor fuel or as a component of motor fuel
    for the personal use of the user, and not subject to sale
    or resale.
        (4) Until July 1, 2003 and beginning again September 1,
    2004 through August 30, 2014, graphic arts machinery and
    equipment, including repair and replacement parts, both
    new and used, and including that manufactured on special
    order or purchased for lease, certified by the purchaser to
    be used primarily for graphic arts production. Equipment
    includes chemicals or chemicals acting as catalysts but
    only if the chemicals or chemicals acting as catalysts
    effect a direct and immediate change upon a graphic arts
    product. Beginning on July 1, 2017, graphic arts machinery
    and equipment is included in the manufacturing and
    assembling machinery and equipment exemption under
    paragraph (14).
        (5) A motor vehicle that is used for automobile
    renting, as defined in the Automobile Renting Occupation
    and Use Tax Act. This paragraph is exempt from the
    provisions of Section 2-70.
        (6) Personal property sold by a teacher-sponsored
    student organization affiliated with an elementary or
    secondary school located in Illinois.
        (7) Until July 1, 2003, proceeds of that portion of the
    selling price of a passenger car the sale of which is
    subject to the Replacement Vehicle Tax.
        (8) Personal property sold to an Illinois county fair
    association for use in conducting, operating, or promoting
    the county fair.
        (9) Personal property sold to a not-for-profit arts or
    cultural organization that establishes, by proof required
    by the Department by rule, that it has received an
    exemption under Section 501(c)(3) of the Internal Revenue
    Code and that is organized and operated primarily for the
    presentation or support of arts or cultural programming,
    activities, or services. These organizations include, but
    are not limited to, music and dramatic arts organizations
    such as symphony orchestras and theatrical groups, arts and
    cultural service organizations, local arts councils,
    visual arts organizations, and media arts organizations.
    On and after July 1, 2001 (the effective date of Public Act
    92-35), however, an entity otherwise eligible for this
    exemption shall not make tax-free purchases unless it has
    an active identification number issued by the Department.
        (10) Personal property sold by a corporation, society,
    association, foundation, institution, or organization,
    other than a limited liability company, that is organized
    and operated as a not-for-profit service enterprise for the
    benefit of persons 65 years of age or older if the personal
    property was not purchased by the enterprise for the
    purpose of resale by the enterprise.
        (11) Personal property sold to a governmental body, to
    a corporation, society, association, foundation, or
    institution organized and operated exclusively for
    charitable, religious, or educational purposes, or to a
    not-for-profit corporation, society, association,
    foundation, institution, or organization that has no
    compensated officers or employees and that is organized and
    operated primarily for the recreation of persons 55 years
    of age or older. A limited liability company may qualify
    for the exemption under this paragraph only if the limited
    liability company is organized and operated exclusively
    for educational purposes. On and after July 1, 1987,
    however, no entity otherwise eligible for this exemption
    shall make tax-free purchases unless it has an active
    identification number issued by the Department.
        (12) (Blank).
        (12-5) On and after July 1, 2003 and through June 30,
    2004, motor vehicles of the second division with a gross
    vehicle weight in excess of 8,000 pounds that are subject
    to the commercial distribution fee imposed under Section
    3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
    2004 and through June 30, 2005, the use in this State of
    motor vehicles of the second division: (i) with a gross
    vehicle weight rating in excess of 8,000 pounds; (ii) that
    are subject to the commercial distribution fee imposed
    under Section 3-815.1 of the Illinois Vehicle Code; and
    (iii) that are primarily used for commercial purposes.
    Through June 30, 2005, this exemption applies to repair and
    replacement parts added after the initial purchase of such
    a motor vehicle if that motor vehicle is used in a manner
    that would qualify for the rolling stock exemption
    otherwise provided for in this Act. For purposes of this
    paragraph, "used for commercial purposes" means the
    transportation of persons or property in furtherance of any
    commercial or industrial enterprise whether for-hire or
    not.
        (13) Proceeds from sales to owners, lessors, or
    shippers of tangible personal property that is utilized by
    interstate carriers for hire for use as rolling stock
    moving in interstate commerce and equipment operated by a
    telecommunications provider, licensed as a common carrier
    by the Federal Communications Commission, which is
    permanently installed in or affixed to aircraft moving in
    interstate commerce.
        (14) Machinery and equipment that will be used by the
    purchaser, or a lessee of the purchaser, primarily in the
    process of manufacturing or assembling tangible personal
    property for wholesale or retail sale or lease, whether the
    sale or lease is made directly by the manufacturer or by
    some other person, whether the materials used in the
    process are owned by the manufacturer or some other person,
    or whether the sale or lease is made apart from or as an
    incident to the seller's engaging in the service occupation
    of producing machines, tools, dies, jigs, patterns,
    gauges, or other similar items of no commercial value on
    special order for a particular purchaser. The exemption
    provided by this paragraph (14) does not include machinery
    and equipment used in (i) the generation of electricity for
    wholesale or retail sale; (ii) the generation or treatment
    of natural or artificial gas for wholesale or retail sale
    that is delivered to customers through pipes, pipelines, or
    mains; or (iii) the treatment of water for wholesale or
    retail sale that is delivered to customers through pipes,
    pipelines, or mains. The provisions of Public Act 98-583
    are declaratory of existing law as to the meaning and scope
    of this exemption. Beginning on July 1, 2017, the exemption
    provided by this paragraph (14) includes, but is not
    limited to, graphic arts machinery and equipment, as
    defined in paragraph (4) of this Section.
        (15) Proceeds of mandatory service charges separately
    stated on customers' bills for purchase and consumption of
    food and beverages, to the extent that the proceeds of the
    service charge are in fact turned over as tips or as a
    substitute for tips to the employees who participate
    directly in preparing, serving, hosting or cleaning up the
    food or beverage function with respect to which the service
    charge is imposed.
        (16) Tangible personal property sold to a purchaser if
    the purchaser is exempt from use tax by operation of
    federal law. This paragraph is exempt from the provisions
    of Section 2-70.
        (17) Tangible personal property sold to a common
    carrier by rail or motor that receives the physical
    possession of the property in Illinois and that transports
    the property, or shares with another common carrier in the
    transportation of the property, out of Illinois on a
    standard uniform bill of lading showing the seller of the
    property as the shipper or consignor of the property to a
    destination outside Illinois, for use outside Illinois.
        (18) Legal tender, currency, medallions, or gold or
    silver coinage issued by the State of Illinois, the
    government of the United States of America, or the
    government of any foreign country, and bullion.
        (19) Until July 1, 2003, oil field exploration,
    drilling, and production equipment, including (i) rigs and
    parts of rigs, rotary rigs, cable tool rigs, and workover
    rigs, (ii) pipe and tubular goods, including casing and
    drill strings, (iii) pumps and pump-jack units, (iv)
    storage tanks and flow lines, (v) any individual
    replacement part for oil field exploration, drilling, and
    production equipment, and (vi) machinery and equipment
    purchased for lease; but excluding motor vehicles required
    to be registered under the Illinois Vehicle Code.
        (20) Photoprocessing machinery and equipment,
    including repair and replacement parts, both new and used,
    including that manufactured on special order, certified by
    the purchaser to be used primarily for photoprocessing, and
    including photoprocessing machinery and equipment
    purchased for lease.
        (21) Until July 1, 2023, coal and aggregate
    exploration, mining, off-highway hauling, processing,
    maintenance, and reclamation equipment, including
    replacement parts and equipment, and including equipment
    purchased for lease, but excluding motor vehicles required
    to be registered under the Illinois Vehicle Code. The
    changes made to this Section by Public Act 97-767 apply on
    and after July 1, 2003, but no claim for credit or refund
    is allowed on or after August 16, 2013 (the effective date
    of Public Act 98-456) for such taxes paid during the period
    beginning July 1, 2003 and ending on August 16, 2013 (the
    effective date of Public Act 98-456).
        (22) Until June 30, 2013, fuel and petroleum products
    sold to or used by an air carrier, certified by the carrier
    to be used for consumption, shipment, or storage in the
    conduct of its business as an air common carrier, for a
    flight destined for or returning from a location or
    locations outside the United States without regard to
    previous or subsequent domestic stopovers.
        Beginning July 1, 2013, fuel and petroleum products
    sold to or used by an air carrier, certified by the carrier
    to be used for consumption, shipment, or storage in the
    conduct of its business as an air common carrier, for a
    flight that (i) is engaged in foreign trade or is engaged
    in trade between the United States and any of its
    possessions and (ii) transports at least one individual or
    package for hire from the city of origination to the city
    of final destination on the same aircraft, without regard
    to a change in the flight number of that aircraft.
        (23) A transaction in which the purchase order is
    received by a florist who is located outside Illinois, but
    who has a florist located in Illinois deliver the property
    to the purchaser or the purchaser's donee in Illinois.
        (24) Fuel consumed or used in the operation of ships,
    barges, or vessels that are used primarily in or for the
    transportation of property or the conveyance of persons for
    hire on rivers bordering on this State if the fuel is
    delivered by the seller to the purchaser's barge, ship, or
    vessel while it is afloat upon that bordering river.
        (25) Except as provided in item (25-5) of this Section,
    a motor vehicle sold in this State to a nonresident even
    though the motor vehicle is delivered to the nonresident in
    this State, if the motor vehicle is not to be titled in
    this State, and if a drive-away permit is issued to the
    motor vehicle as provided in Section 3-603 of the Illinois
    Vehicle Code or if the nonresident purchaser has vehicle
    registration plates to transfer to the motor vehicle upon
    returning to his or her home state. The issuance of the
    drive-away permit or having the out-of-state registration
    plates to be transferred is prima facie evidence that the
    motor vehicle will not be titled in this State.
        (25-5) The exemption under item (25) does not apply if
    the state in which the motor vehicle will be titled does
    not allow a reciprocal exemption for a motor vehicle sold
    and delivered in that state to an Illinois resident but
    titled in Illinois. The tax collected under this Act on the
    sale of a motor vehicle in this State to a resident of
    another state that does not allow a reciprocal exemption
    shall be imposed at a rate equal to the state's rate of tax
    on taxable property in the state in which the purchaser is
    a resident, except that the tax shall not exceed the tax
    that would otherwise be imposed under this Act. At the time
    of the sale, the purchaser shall execute a statement,
    signed under penalty of perjury, of his or her intent to
    title the vehicle in the state in which the purchaser is a
    resident within 30 days after the sale and of the fact of
    the payment to the State of Illinois of tax in an amount
    equivalent to the state's rate of tax on taxable property
    in his or her state of residence and shall submit the
    statement to the appropriate tax collection agency in his
    or her state of residence. In addition, the retailer must
    retain a signed copy of the statement in his or her
    records. Nothing in this item shall be construed to require
    the removal of the vehicle from this state following the
    filing of an intent to title the vehicle in the purchaser's
    state of residence if the purchaser titles the vehicle in
    his or her state of residence within 30 days after the date
    of sale. The tax collected under this Act in accordance
    with this item (25-5) shall be proportionately distributed
    as if the tax were collected at the 6.25% general rate
    imposed under this Act.
        (25-7) Beginning on July 1, 2007, no tax is imposed
    under this Act on the sale of an aircraft, as defined in
    Section 3 of the Illinois Aeronautics Act, if all of the
    following conditions are met:
            (1) the aircraft leaves this State within 15 days
        after the later of either the issuance of the final
        billing for the sale of the aircraft, or the authorized
        approval for return to service, completion of the
        maintenance record entry, and completion of the test
        flight and ground test for inspection, as required by
        14 C.F.R. 91.407;
            (2) the aircraft is not based or registered in this
        State after the sale of the aircraft; and
            (3) the seller retains in his or her books and
        records and provides to the Department a signed and
        dated certification from the purchaser, on a form
        prescribed by the Department, certifying that the
        requirements of this item (25-7) are met. The
        certificate must also include the name and address of
        the purchaser, the address of the location where the
        aircraft is to be titled or registered, the address of
        the primary physical location of the aircraft, and
        other information that the Department may reasonably
        require.
        For purposes of this item (25-7):
        "Based in this State" means hangared, stored, or
    otherwise used, excluding post-sale customizations as
    defined in this Section, for 10 or more days in each
    12-month period immediately following the date of the sale
    of the aircraft.
        "Registered in this State" means an aircraft
    registered with the Department of Transportation,
    Aeronautics Division, or titled or registered with the
    Federal Aviation Administration to an address located in
    this State.
        This paragraph (25-7) is exempt from the provisions of
    Section 2-70.
        (26) Semen used for artificial insemination of
    livestock for direct agricultural production.
        (27) Horses, or interests in horses, registered with
    and meeting the requirements of any of the Arabian Horse
    Club Registry of America, Appaloosa Horse Club, American
    Quarter Horse Association, United States Trotting
    Association, or Jockey Club, as appropriate, used for
    purposes of breeding or racing for prizes. This item (27)
    is exempt from the provisions of Section 2-70, and the
    exemption provided for under this item (27) applies for all
    periods beginning May 30, 1995, but no claim for credit or
    refund is allowed on or after January 1, 2008 (the
    effective date of Public Act 95-88) for such taxes paid
    during the period beginning May 30, 2000 and ending on
    January 1, 2008 (the effective date of Public Act 95-88).
        (28) Computers and communications equipment utilized
    for any hospital purpose and equipment used in the
    diagnosis, analysis, or treatment of hospital patients
    sold to a lessor who leases the equipment, under a lease of
    one year or longer executed or in effect at the time of the
    purchase, to a hospital that has been issued an active tax
    exemption identification number by the Department under
    Section 1g of this Act.
        (29) Personal property sold to a lessor who leases the
    property, under a lease of one year or longer executed or
    in effect at the time of the purchase, to a governmental
    body that has been issued an active tax exemption
    identification number by the Department under Section 1g of
    this Act.
        (30) Beginning with taxable years ending on or after
    December 31, 1995 and ending with taxable years ending on
    or before December 31, 2004, personal property that is
    donated for disaster relief to be used in a State or
    federally declared disaster area in Illinois or bordering
    Illinois by a manufacturer or retailer that is registered
    in this State to a corporation, society, association,
    foundation, or institution that has been issued a sales tax
    exemption identification number by the Department that
    assists victims of the disaster who reside within the
    declared disaster area.
        (31) Beginning with taxable years ending on or after
    December 31, 1995 and ending with taxable years ending on
    or before December 31, 2004, personal property that is used
    in the performance of infrastructure repairs in this State,
    including but not limited to municipal roads and streets,
    access roads, bridges, sidewalks, waste disposal systems,
    water and sewer line extensions, water distribution and
    purification facilities, storm water drainage and
    retention facilities, and sewage treatment facilities,
    resulting from a State or federally declared disaster in
    Illinois or bordering Illinois when such repairs are
    initiated on facilities located in the declared disaster
    area within 6 months after the disaster.
        (32) Beginning July 1, 1999, game or game birds sold at
    a "game breeding and hunting preserve area" as that term is
    used in the Wildlife Code. This paragraph is exempt from
    the provisions of Section 2-70.
        (33) A motor vehicle, as that term is defined in
    Section 1-146 of the Illinois Vehicle Code, that is donated
    to a corporation, limited liability company, society,
    association, foundation, or institution that is determined
    by the Department to be organized and operated exclusively
    for educational purposes. For purposes of this exemption,
    "a corporation, limited liability company, society,
    association, foundation, or institution organized and
    operated exclusively for educational purposes" means all
    tax-supported public schools, private schools that offer
    systematic instruction in useful branches of learning by
    methods common to public schools and that compare favorably
    in their scope and intensity with the course of study
    presented in tax-supported schools, and vocational or
    technical schools or institutes organized and operated
    exclusively to provide a course of study of not less than 6
    weeks duration and designed to prepare individuals to
    follow a trade or to pursue a manual, technical,
    mechanical, industrial, business, or commercial
    occupation.
        (34) Beginning January 1, 2000, personal property,
    including food, purchased through fundraising events for
    the benefit of a public or private elementary or secondary
    school, a group of those schools, or one or more school
    districts if the events are sponsored by an entity
    recognized by the school district that consists primarily
    of volunteers and includes parents and teachers of the
    school children. This paragraph does not apply to
    fundraising events (i) for the benefit of private home
    instruction or (ii) for which the fundraising entity
    purchases the personal property sold at the events from
    another individual or entity that sold the property for the
    purpose of resale by the fundraising entity and that
    profits from the sale to the fundraising entity. This
    paragraph is exempt from the provisions of Section 2-70.
        (35) Beginning January 1, 2000 and through December 31,
    2001, new or used automatic vending machines that prepare
    and serve hot food and beverages, including coffee, soup,
    and other items, and replacement parts for these machines.
    Beginning January 1, 2002 and through June 30, 2003,
    machines and parts for machines used in commercial,
    coin-operated amusement and vending business if a use or
    occupation tax is paid on the gross receipts derived from
    the use of the commercial, coin-operated amusement and
    vending machines. This paragraph is exempt from the
    provisions of Section 2-70.
        (35-5) Beginning August 23, 2001 and through June 30,
    2016, food for human consumption that is to be consumed off
    the premises where it is sold (other than alcoholic
    beverages, soft drinks, and food that has been prepared for
    immediate consumption) and prescription and
    nonprescription medicines, drugs, medical appliances, and
    insulin, urine testing materials, syringes, and needles
    used by diabetics, for human use, when purchased for use by
    a person receiving medical assistance under Article V of
    the Illinois Public Aid Code who resides in a licensed
    long-term care facility, as defined in the Nursing Home
    Care Act, or a licensed facility as defined in the ID/DD
    Community Care Act, the MC/DD Act, or the Specialized
    Mental Health Rehabilitation Act of 2013.
        (36) Beginning August 2, 2001, computers and
    communications equipment utilized for any hospital purpose
    and equipment used in the diagnosis, analysis, or treatment
    of hospital patients sold to a lessor who leases the
    equipment, under a lease of one year or longer executed or
    in effect at the time of the purchase, to a hospital that
    has been issued an active tax exemption identification
    number by the Department under Section 1g of this Act. This
    paragraph is exempt from the provisions of Section 2-70.
        (37) Beginning August 2, 2001, personal property sold
    to a lessor who leases the property, under a lease of one
    year or longer executed or in effect at the time of the
    purchase, to a governmental body that has been issued an
    active tax exemption identification number by the
    Department under Section 1g of this Act. This paragraph is
    exempt from the provisions of Section 2-70.
        (38) Beginning on January 1, 2002 and through June 30,
    2016, tangible personal property purchased from an
    Illinois retailer by a taxpayer engaged in centralized
    purchasing activities in Illinois who will, upon receipt of
    the property in Illinois, temporarily store the property in
    Illinois (i) for the purpose of subsequently transporting
    it outside this State for use or consumption thereafter
    solely outside this State or (ii) for the purpose of being
    processed, fabricated, or manufactured into, attached to,
    or incorporated into other tangible personal property to be
    transported outside this State and thereafter used or
    consumed solely outside this State. The Director of Revenue
    shall, pursuant to rules adopted in accordance with the
    Illinois Administrative Procedure Act, issue a permit to
    any taxpayer in good standing with the Department who is
    eligible for the exemption under this paragraph (38). The
    permit issued under this paragraph (38) shall authorize the
    holder, to the extent and in the manner specified in the
    rules adopted under this Act, to purchase tangible personal
    property from a retailer exempt from the taxes imposed by
    this Act. Taxpayers shall maintain all necessary books and
    records to substantiate the use and consumption of all such
    tangible personal property outside of the State of
    Illinois.
        (39) Beginning January 1, 2008, tangible personal
    property used in the construction or maintenance of a
    community water supply, as defined under Section 3.145 of
    the Environmental Protection Act, that is operated by a
    not-for-profit corporation that holds a valid water supply
    permit issued under Title IV of the Environmental
    Protection Act. This paragraph is exempt from the
    provisions of Section 2-70.
        (40) Beginning January 1, 2010, materials, parts,
    equipment, components, and furnishings incorporated into
    or upon an aircraft as part of the modification,
    refurbishment, completion, replacement, repair, or
    maintenance of the aircraft. This exemption includes
    consumable supplies used in the modification,
    refurbishment, completion, replacement, repair, and
    maintenance of aircraft, but excludes any materials,
    parts, equipment, components, and consumable supplies used
    in the modification, replacement, repair, and maintenance
    of aircraft engines or power plants, whether such engines
    or power plants are installed or uninstalled upon any such
    aircraft. "Consumable supplies" include, but are not
    limited to, adhesive, tape, sandpaper, general purpose
    lubricants, cleaning solution, latex gloves, and
    protective films. This exemption applies only to the sale
    of qualifying tangible personal property to persons who
    modify, refurbish, complete, replace, or maintain an
    aircraft and who (i) hold an Air Agency Certificate and are
    empowered to operate an approved repair station by the
    Federal Aviation Administration, (ii) have a Class IV
    Rating, and (iii) conduct operations in accordance with
    Part 145 of the Federal Aviation Regulations. The exemption
    does not include aircraft operated by a commercial air
    carrier providing scheduled passenger air service pursuant
    to authority issued under Part 121 or Part 129 of the
    Federal Aviation Regulations. The changes made to this
    paragraph (40) by Public Act 98-534 are declarative of
    existing law.
        (41) Tangible personal property sold to a
    public-facilities corporation, as described in Section
    11-65-10 of the Illinois Municipal Code, for purposes of
    constructing or furnishing a municipal convention hall,
    but only if the legal title to the municipal convention
    hall is transferred to the municipality without any further
    consideration by or on behalf of the municipality at the
    time of the completion of the municipal convention hall or
    upon the retirement or redemption of any bonds or other
    debt instruments issued by the public-facilities
    corporation in connection with the development of the
    municipal convention hall. This exemption includes
    existing public-facilities corporations as provided in
    Section 11-65-25 of the Illinois Municipal Code. This
    paragraph is exempt from the provisions of Section 2-70.
        (42) Beginning January 1, 2017, menstrual pads,
    tampons, and menstrual cups.
        (43) Merchandise that is subject to the Rental Purchase
    Agreement Occupation and Use Tax. The purchaser must
    certify that the item is purchased to be rented subject to
    a rental purchase agreement, as defined in the Rental
    Purchase Agreement Act, and provide proof of registration
    under the Rental Purchase Agreement Occupation and Use Tax
    Act. This paragraph is exempt from the provisions of
    Section 2-70.
(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
100-22, eff. 7-6-17; 100-321, eff. 8-24-17; 100-437, eff.
1-1-18; 100-594, eff. 6-29-18; 100-863, eff. 8-14-18;
100-1171, eff. 1-4-19; revised 1-8-19.)
 
    Section 305. The Property Tax Code is amended by changing
Sections 10-745, 21-245, and 21-385 as follows:
 
    (35 ILCS 200/10-745)
    Sec. 10-745. Real estate taxes. Notwithstanding the
provisions of Section 9-175 of this Code, the owner of the
commercial solar energy system shall be liable for the real
estate taxes for the land and real property improvements of a
ground installed commercial solar energy system.
Notwithstanding the foregoing forgoing, the owner of the land
upon which a commercial solar energy system is installed may
pay any unpaid tax of the commercial solar energy system parcel
prior to the initiation of any tax sale proceedings.
(Source: P.A. 100-781, eff. 8-10-18; revised 10-3-18.)
 
    (35 ILCS 200/21-245)
    Sec. 21-245. Automation fee. In all counties, each person
purchasing any property at a sale under this Code, shall pay to
the county collector, prior to the issuance of any tax
certificate, an automation fee set by the county collector of
not more than $10 for each item purchased. A like sum shall be
paid for each year that all or a portion of the subsequent
taxes are paid by a tax purchaser and posted to the tax
judgment, sale, redemption and forfeiture record where the
underlying certificate is recorded. In counties with less than
3,000,000 inhabitants:
        (a) The fee shall be paid at the time of the purchase
    if the record keeping system used for processing the
    delinquent property tax sales is automated or has been
    approved for automation by the county board. The fee shall
    be collected in the same manner as other fees or costs.
        (b) Fees collected under this Section shall be retained
    by the county treasurer in a fund designated as the Tax
    Sale Automation Fund. The fund shall be audited by the
    county auditor. The county board, with the approval of the
    county treasurer, shall make expenditures from the fund (1)
    to pay any costs related to the automation of property tax
    collections and delinquent property tax sales, including
    the cost of hardware, software, research and development,
    and personnel and (2) to defray the cost of providing
    electronic access to property tax collection records and
    delinquent tax sale records.
(Source: P.A. 100-1070, eff. 1-1-19; revised 10-3-18.)
 
    (35 ILCS 200/21-385)
    Sec. 21-385. Extension of period of redemption. The
purchaser or his or her assignee of property sold for
nonpayment of general taxes or special assessments may extend
the period of redemption at any time before the expiration of
the original period of redemption, or thereafter prior to the
expiration of any extended period of redemption, for a period
which will expire not later than 3 years from the date of sale,
by filing with the county clerk of the county in which the
property is located a written notice to that effect describing
the property, stating the date of the sale and specifying the
extended period of redemption. Upon receiving the notice, the
county clerk shall stamp the date of receipt upon the notice.
If the notice is submitted as an electronic record, the county
clerk shall acknowledge receipt of the record and shall provide
confirmation in the same manner to the certificate holder. The
confirmation from the county clerk shall include the date of
receipt and shall serve as proof that the notice was filed with
the county clerk. The county clerk shall not be required to
extend the period of redemption unless the purchaser or his or
her assignee obtains this acknowledgement of delivery. If prior
to the expiration of the period of redemption or extended
period of redemption a petition for tax deed has been filed
under Section 22-30, upon application of the petitioner, the
court shall allow the purchaser or his or her assignee to
extend the period of redemption after expiration of the
original period or any extended period of redemption, provided
that any extension allowed will expire not later than 3 years
from the date of sale, unless the certificate has been assigned
to the county collector by order of the court which ordered the
property sold, in which case the period of redemption shall be
extended for such period as may be designated by the holder of
the certificate, such period not to exceed 36 months from the
date of the assignment to the collector. If the period of
redemption is extended, the purchaser or his or her assignee
must give the notices provided for in Section 22-10 at the
specified times prior to the expiration of the extended period
of redemption by causing a sheriff (or if he or she is
disqualified, a coroner) of the county in which the property,
or any part thereof, is located to serve the notices as
provided in Sections 22-15 and 22-20. The notices may also be
served as provided in Sections 22-15 and 22-20 by a special
process server appointed by the court under Section 22-15.
(Source: P.A. 100-890, eff. 1-1-19; 100-975, eff. 8-19-18;
revised 10-2-18.)
 
    Section 310. The Illinois Pension Code is amended by
changing Sections 1-162, 14-152.1, 15-107, 15-155, 15-198,
16-158, and 16-203 as follows:
 
    (40 ILCS 5/1-162)
    Sec. 1-162. Optional benefits for certain Tier 2 members of
pension funds under Articles 8, 9, 10, 11, 12, and 17.
    (a) As used in this Section:
    "Affected pension fund" means a pension fund established
under Article 8, 9, 10, 11, 12, or 17 that the governing body
of the unit of local government has designated as an affected
pension fund by adoption of a resolution or ordinance.
    "Resolution or ordinance date" means the date on which the
governing body of the unit of local government designates a
pension fund under Article 8, 9, 10, 11, 12, or 17 as an
affected pension fund by adoption of a resolution or ordinance
or July 1, 2018, whichever is later.
    (b) Notwithstanding any other provision of this Code to the
contrary, the provisions of this Section apply to a person who
first becomes a member or a participant in an affected pension
fund on or after 6 months after the resolution or ordinance
date and who does not make the election under subsection (c).
    (c) In lieu of the benefits provided under this Section, a
member or participant may irrevocably elect the benefits under
Section 1-160 and the benefits otherwise applicable to that
member or participant. The election must be made within 30 days
after becoming a member or participant. Each affected pension
fund shall establish procedures for making this election.
    (d) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the last 120 months (or 10 years) of
service in which the total salary or earnings calculated under
the applicable Article was the highest by the number of months
(or years) of service in that period. For the purposes of a
person who first becomes a member or participant of an affected
pension fund on or after 6 months after the ordinance or
resolution date, in this Code, "final average salary" shall be
substituted for the following:
        (1) In Articles 8, 9, 10, 11, and 12, "highest average
    annual salary for any 4 consecutive years within the last
    10 years of service immediately preceding the date of
    withdrawal".
        (2) In Article 17, "average salary".
    (e) Beginning 6 months after the resolution or ordinance
date, for all purposes under this Code (including without
limitation the calculation of benefits and employee
contributions), the annual earnings, salary, or wages (based on
the plan year) of a member or participant to whom this Section
applies shall not at any time exceed the federal Social
Security Wage Base then in effect.
    (f) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained the
normal retirement age determined by the Social Security
Administration for that member or participant's year of birth,
but no earlier than 67 years of age, and has at least 10 years
of service credit and is otherwise eligible under the
requirements of the applicable Article.
    (g) The amount of the retirement annuity to which a member
or participant is entitled shall be computed by multiplying
1.25% for each year of service credit by his or her final
average salary.
    (h) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the first anniversary of the
annuity start date. Each annual increase shall be one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-w for the 12 months ending with the
September preceding each November 1 of the originally granted
retirement annuity. If the annual unadjusted percentage change
in the consumer price index-w for the 12 months ending with the
September preceding each November 1 is zero or there is a
decrease, then the annuity shall not be increased.
    For the purposes of this Section, "consumer price index-w"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by Urban Wage
Earners and Clerical Workers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the boards
of the retirement systems and pension funds by November 1 of
each year.
    (i) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after 6 months after the resolution or ordinance date shall be
in the amount of 66 2/3% of the retired member's or
participant's retirement annuity at the date of death. In the
case of the death of a member or participant who has not
retired and who first became a member or participant on or
after 6 months after the resolution or ordinance date,
eligibility for a survivor's or widow's annuity shall be
determined by the applicable Article of this Code. The benefit
shall be 66 2/3% of the earned annuity without a reduction due
to age. A child's annuity of an otherwise eligible child shall
be in the amount prescribed under each Article if applicable.
    (j) In lieu of any other employee contributions, except for
the contribution to the defined contribution plan under
subsection (k) of this Section, each employee shall contribute
6.2% of his or her or salary to the affected pension fund.
However, the employee contribution under this subsection shall
not exceed the amount of the normal cost of the benefits under
this Section (except for the defined contribution plan under
subsection (k) of this Section), expressed as a percentage of
payroll and determined on or before November 1 of each year by
the board of trustees of the affected pension fund. If the
board of trustees of the affected pension fund determines that
the 6.2% employee contribution rate exceeds the normal cost of
the benefits under this Section (except for the defined
contribution plan under subsection (k) of this Section), then
on or before December 1 of that year, the board of trustees
shall certify the amount of the normal cost of the benefits
under this Section (except for the defined contribution plan
under subsection (k) of this Section), expressed as a
percentage of payroll, to the State Actuary and the Commission
on Government Forecasting and Accountability, and the employee
contribution under this subsection shall be reduced to that
amount beginning January 1 of the following year. Thereafter,
if the normal cost of the benefits under this Section (except
for the defined contribution plan under subsection (k) of this
Section), expressed as a percentage of payroll and determined
on or before November 1 of each year by the board of trustees
of the affected pension fund, exceeds 6.2% of salary, then on
or before December 1 of that year, the board of trustees shall
certify the normal cost to the State Actuary and the Commission
on Government Forecasting and Accountability, and the employee
contributions shall revert back to 6.2% of salary beginning
January 1 of the following year.
    (k) No later than 5 months after the resolution or
ordinance date, an affected pension fund shall prepare and
implement a defined contribution plan for members or
participants who are subject to this Section. The defined
contribution plan developed under this subsection shall be a
plan that aggregates employer and employee contributions in
individual participant accounts which, after meeting any other
requirements, are used for payouts after retirement in
accordance with this subsection and any other applicable laws.
        (1) Each member or participant shall contribute a
    minimum of 4% of his or her salary to the defined
    contribution plan.
        (2) For each participant in the defined contribution
    plan who has been employed with the same employer for at
    least one year, employer contributions shall be paid into
    that participant's accounts at a rate expressed as a
    percentage of salary. This rate may be set for individual
    employees, but shall be no higher than 6% of salary and
    shall be no lower than 2% of salary.
        (3) Employer contributions shall vest when those
    contributions are paid into a member's or participant's
    account.
        (4) The defined contribution plan shall provide a
    variety of options for investments. These options shall
    include investments handled by the Illinois State Board of
    Investment as well as private sector investment options.
        (5) The defined contribution plan shall provide a
    variety of options for payouts to retirees and their
    survivors.
        (6) To the extent authorized under federal law and as
    authorized by the affected pension fund, the defined
    contribution plan shall allow former participants in the
    plan to transfer or roll over employee and employer
    contributions, and the earnings thereon, into other
    qualified retirement plans.
        (7) Each affected pension fund shall reduce the
    employee contributions credited to the member's defined
    contribution plan account by an amount determined by that
    affected pension fund to cover the cost of offering the
    benefits under this subsection and any applicable
    administrative fees.
        (8) No person shall begin participating in the defined
    contribution plan until it has attained qualified plan
    status and received all necessary approvals from the U.S.
    Internal Revenue Service.
    (l) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 100-23, eff. 7-6-17; revised 9-27-18.)
 
    (40 ILCS 5/14-152.1)
    Sec. 14-152.1. Application and expiration of new benefit
increases.
    (a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
96-37, Public Act 100-23, Public Act 100-587, or Public Act
100-611 or this amendatory Act of the 100th General Assembly.
    (b) Notwithstanding any other provision of this Code or any
subsequent amendment to this Code, every new benefit increase
is subject to this Section and shall be deemed to be granted
only in conformance with and contingent upon compliance with
the provisions of this Section.
    (c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
    Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of the
Department of Insurance. A new benefit increase created by a
Public Act that does not include the additional funding
required under this subsection is null and void. If the Public
Pension Division determines that the additional funding
provided for a new benefit increase under this subsection is or
has become inadequate, it may so certify to the Governor and
the State Comptroller and, in the absence of corrective action
by the General Assembly, the new benefit increase shall expire
at the end of the fiscal year in which the certification is
made.
    (d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
    (e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including without limitation a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-611, eff. 7-20-18; revised 7-25-18.)
 
    (40 ILCS 5/15-107)  (from Ch. 108 1/2, par. 15-107)
    Sec. 15-107. Employee.
    (a) "Employee" means any member of the educational,
administrative, secretarial, clerical, mechanical, labor or
other staff of an employer whose employment is permanent and
continuous or who is employed in a position in which services
are expected to be rendered on a continuous basis for at least
4 months or one academic term, whichever is less, who (A)
receives payment for personal services on a warrant issued
pursuant to a payroll voucher certified by an employer and
drawn by the State Comptroller upon the State Treasurer or by
an employer upon trust, federal or other funds, or (B) is on a
leave of absence without pay. Employment which is irregular,
intermittent or temporary shall not be considered continuous
for purposes of this paragraph.
    However, a person is not an "employee" if he or she:
        (1) is a student enrolled in and regularly attending
    classes in a college or university which is an employer,
    and is employed on a temporary basis at less than full
    time;
        (2) is currently receiving a retirement annuity or a
    disability retirement annuity under Section 15-153.2 from
    this System;
        (3) is on a military leave of absence;
        (4) is eligible to participate in the Federal Civil
    Service Retirement System and is currently making
    contributions to that system based upon earnings paid by an
    employer;
        (5) is on leave of absence without pay for more than 60
    days immediately following termination of disability
    benefits under this Article;
        (6) is hired after June 30, 1979 as a public service
    employment program participant under the Federal
    Comprehensive Employment and Training Act and receives
    earnings in whole or in part from funds provided under that
    Act; or
        (7) is employed on or after July 1, 1991 to perform
    services that are excluded by subdivision (a)(7)(f) or
    (a)(19) of Section 210 of the federal Social Security Act
    from the definition of employment given in that Section (42
    U.S.C. 410).
    (b) Any employer may, by filing a written notice with the
board, exclude from the definition of "employee" all persons
employed pursuant to a federally funded contract entered into
after July 1, 1982 with a federal military department in a
program providing training in military courses to federal
military personnel on a military site owned by the United
States Government, if this exclusion is not prohibited by the
federally funded contract or federal laws or rules governing
the administration of the contract.
    (c) Any person appointed by the Governor under the Civil
Administrative Code of Illinois the State is an employee, if he
or she is a participant in this system on the effective date of
the appointment.
    (d) A participant on lay-off status under civil service
rules is considered an employee for not more than 120 days from
the date of the lay-off.
    (e) A participant is considered an employee during (1) the
first 60 days of disability leave, (2) the period, not to
exceed one year, in which his or her eligibility for disability
benefits is being considered by the board or reviewed by the
courts, and (3) the period he or she receives disability
benefits under the provisions of Section 15-152, workers'
compensation or occupational disease benefits, or disability
income under an insurance contract financed wholly or partially
by the employer.
    (f) Absences without pay, other than formal leaves of
absence, of less than 30 calendar days, are not considered as
an interruption of a person's status as an employee. If such
absences during any period of 12 months exceed 30 work days,
the employee status of the person is considered as interrupted
as of the 31st work day.
    (g) A staff member whose employment contract requires
services during an academic term is to be considered an
employee during the summer and other vacation periods, unless
he or she declines an employment contract for the succeeding
academic term or his or her employment status is otherwise
terminated, and he or she receives no earnings during these
periods.
    (h) An individual who was a participating employee employed
in the fire department of the University of Illinois's
Champaign-Urbana campus immediately prior to the elimination
of that fire department and who immediately after the
elimination of that fire department became employed by the fire
department of the City of Urbana or the City of Champaign shall
continue to be considered as an employee for purposes of this
Article for so long as the individual remains employed as a
firefighter by the City of Urbana or the City of Champaign. The
individual shall cease to be considered an employee under this
subsection (h) upon the first termination of the individual's
employment as a firefighter by the City of Urbana or the City
of Champaign.
    (i) An individual who is employed on a full-time basis as
an officer or employee of a statewide teacher organization that
serves System participants or an officer of a national teacher
organization that serves System participants may participate
in the System and shall be deemed an employee, provided that
(1) the individual has previously earned creditable service
under this Article, (2) the individual files with the System an
irrevocable election to become a participant before January 5,
2012 (the effective date of Public Act 97-651) this amendatory
Act of the 97th General Assembly, (3) the individual does not
receive credit for that employment under any other Article of
this Code, and (4) the individual first became a full-time
employee of the teacher organization and becomes a participant
before January 5, 2012 (the effective date of Public Act
97-651) this amendatory Act of the 97th General Assembly. An
employee under this subsection (i) is responsible for paying to
the System both (A) employee contributions based on the actual
compensation received for service with the teacher
organization and (B) employer contributions equal to the normal
costs (as defined in Section 15-155) resulting from that
service; all or any part of these contributions may be paid on
the employee's behalf or picked up for tax purposes (if
authorized under federal law) by the teacher organization.
    A person who is an employee as defined in this subsection
(i) may establish service credit for similar employment prior
to becoming an employee under this subsection by paying to the
System for that employment the contributions specified in this
subsection, plus interest at the effective rate from the date
of service to the date of payment. However, credit shall not be
granted under this subsection for any such prior employment for
which the applicant received credit under any other provision
of this Code, or during which the applicant was on a leave of
absence under Section 15-113.2.
    (j) A person employed by the State Board of Higher
Education in a position with the Illinois Century Network as of
June 30, 2004 shall be considered to be an employee for so long
as he or she remains continuously employed after that date by
the Department of Central Management Services in a position
with the Illinois Century Network, the Bureau of Communication
and Computer Services, or, if applicable, any successor bureau
and meets the requirements of subsection (a).
    (k) The Board shall promulgate rules with respect to
determining whether any person is an employee within the
meaning of this Section. In the case of doubt as to whether any
person is an employee within the meaning of this Section or any
rule adopted by the Board, the decision of the Board shall be
final.
(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17; revised
9-27-18.)
 
    (40 ILCS 5/15-155)  (from Ch. 108 1/2, par. 15-155)
    Sec. 15-155. Employer contributions.
    (a) The State of Illinois shall make contributions by
appropriations of amounts which, together with the other
employer contributions from trust, federal, and other funds,
employee contributions, income from investments, and other
income of this System, will be sufficient to meet the cost of
maintaining and administering the System on a 90% funded basis
in accordance with actuarial recommendations.
    The Board shall determine the amount of State contributions
required for each fiscal year on the basis of the actuarial
tables and other assumptions adopted by the Board and the
recommendations of the actuary, using the formula in subsection
(a-1).
    (a-1) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
    For each of State fiscal years 2018, 2019, and 2020, the
State shall make an additional contribution to the System equal
to 2% of the total payroll of each employee who is deemed to
have elected the benefits under Section 1-161 or who has made
the election under subsection (c) of Section 1-161.
    A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution.
    A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applied to the State contribution in fiscal year 2014,
2015, 2016, or 2017 shall be implemented:
        (i) as already applied in State fiscal years before
    2018; and
        (ii) in the portion of the 5-year period beginning in
    the State fiscal year in which the actuarial change first
    applied that occurs in State fiscal year 2018 or
    thereafter, by calculating the change in equal annual
    amounts over that 5-year period and then implementing it at
    the resulting annual rate in each of the remaining fiscal
    years in that 5-year period.
    For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section.
    Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$166,641,900.
    Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$252,064,100.
    For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
    Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is
$702,514,000 and shall be made from the State Pensions Fund and
proceeds of bonds sold in fiscal year 2010 pursuant to Section
7.2 of the General Obligation Bond Act, less (i) the pro rata
share of bond sale expenses determined by the System's share of
total bond proceeds, (ii) any amounts received from the General
Revenue Fund in fiscal year 2010, (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
    Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to Section 15-165 and shall be made from the State
Pensions Fund and proceeds of bonds sold in fiscal year 2011
pursuant to Section 7.2 of the General Obligation Bond Act,
less (i) the pro rata share of bond sale expenses determined by
the System's share of total bond proceeds, (ii) any amounts
received from the General Revenue Fund in fiscal year 2011, and
(iii) any reduction in bond proceeds due to the issuance of
discounted bonds, if applicable.
    Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
    Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
    Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under Section 15-165, shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
    (a-2) Beginning in fiscal year 2018, each employer under
this Article shall pay to the System a required contribution
determined as a percentage of projected payroll and sufficient
to produce an annual amount equal to:
        (i) for each of fiscal years 2018, 2019, and 2020, the
    defined benefit normal cost of the defined benefit plan,
    less the employee contribution, for each employee of that
    employer who has elected or who is deemed to have elected
    the benefits under Section 1-161 or who has made the
    election under subsection (c) of Section 1-161; for fiscal
    year 2021 and each fiscal year thereafter, the defined
    benefit normal cost of the defined benefit plan, less the
    employee contribution, plus 2%, for each employee of that
    employer who has elected or who is deemed to have elected
    the benefits under Section 1-161 or who has made the
    election under subsection (c) of Section 1-161; plus
        (ii) the amount required for that fiscal year to
    amortize any unfunded actuarial accrued liability
    associated with the present value of liabilities
    attributable to the employer's account under Section
    15-155.2, determined as a level percentage of payroll over
    a 30-year rolling amortization period.
    In determining contributions required under item (i) of
this subsection, the System shall determine an aggregate rate
for all employers, expressed as a percentage of projected
payroll.
    In determining the contributions required under item (ii)
of this subsection, the amount shall be computed by the System
on the basis of the actuarial assumptions and tables used in
the most recent actuarial valuation of the System that is
available at the time of the computation.
    The contributions required under this subsection (a-2)
shall be paid by an employer concurrently with that employer's
payroll payment period. The State, as the actual employer of an
employee, shall make the required contributions under this
subsection.
    As used in this subsection, "academic year" means the
12-month period beginning September 1.
    (b) If an employee is paid from trust or federal funds, the
employer shall pay to the Board contributions from those funds
which are sufficient to cover the accruing normal costs on
behalf of the employee. However, universities having employees
who are compensated out of local auxiliary funds, income funds,
or service enterprise funds are not required to pay such
contributions on behalf of those employees. The local auxiliary
funds, income funds, and service enterprise funds of
universities shall not be considered trust funds for the
purpose of this Article, but funds of alumni associations,
foundations, and athletic associations which are affiliated
with the universities included as employers under this Article
and other employers which do not receive State appropriations
are considered to be trust funds for the purpose of this
Article.
    (b-1) The City of Urbana and the City of Champaign shall
each make employer contributions to this System for their
respective firefighter employees who participate in this
System pursuant to subsection (h) of Section 15-107. The rate
of contributions to be made by those municipalities shall be
determined annually by the Board on the basis of the actuarial
assumptions adopted by the Board and the recommendations of the
actuary, and shall be expressed as a percentage of salary for
each such employee. The Board shall certify the rate to the
affected municipalities as soon as may be practical. The
employer contributions required under this subsection shall be
remitted by the municipality to the System at the same time and
in the same manner as employee contributions.
    (c) Through State fiscal year 1995: The total employer
contribution shall be apportioned among the various funds of
the State and other employers, whether trust, federal, or other
funds, in accordance with actuarial procedures approved by the
Board. State of Illinois contributions for employers receiving
State appropriations for personal services shall be payable
from appropriations made to the employers or to the System. The
contributions for Class I community colleges covering earnings
other than those paid from trust and federal funds, shall be
payable solely from appropriations to the Illinois Community
College Board or the System for employer contributions.
    (d) Beginning in State fiscal year 1996, the required State
contributions to the System shall be appropriated directly to
the System and shall be payable through vouchers issued in
accordance with subsection (c) of Section 15-165, except as
provided in subsection (g).
    (e) The State Comptroller shall draw warrants payable to
the System upon proper certification by the System or by the
employer in accordance with the appropriation laws and this
Code.
    (f) Normal costs under this Section means liability for
pensions and other benefits which accrues to the System because
of the credits earned for service rendered by the participants
during the fiscal year and expenses of administering the
System, but shall not include the principal of or any
redemption premium or interest on any bonds issued by the Board
or any expenses incurred or deposits required in connection
therewith.
    (g) For academic years beginning on or after June 1, 2005
and before July 1, 2018 and for earnings paid to a participant
under a contract or collective bargaining agreement entered
into, amended, or renewed before June 4, 2018 (the effective
date of Public Act 100-587) this amendatory Act of the 100th
General Assembly, if the amount of a participant's earnings for
any academic year used to determine the final rate of earnings,
determined on a full-time equivalent basis, exceeds the amount
of his or her earnings with the same employer for the previous
academic year, determined on a full-time equivalent basis, by
more than 6%, the participant's employer shall pay to the
System, in addition to all other payments required under this
Section and in accordance with guidelines established by the
System, the present value of the increase in benefits resulting
from the portion of the increase in earnings that is in excess
of 6%. This present value shall be computed by the System on
the basis of the actuarial assumptions and tables used in the
most recent actuarial valuation of the System that is available
at the time of the computation. The System may require the
employer to provide any pertinent information or
documentation.
    Whenever it determines that a payment is or may be required
under this subsection (g), the System shall calculate the
amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the
amount due. If the employer disputes the amount of the bill, it
may, within 30 days after receipt of the bill, apply to the
System in writing for a recalculation. The application must
specify in detail the grounds of the dispute and, if the
employer asserts that the calculation is subject to subsection
(h) or (i) of this Section or that subsection (g-1) applies,
must include an affidavit setting forth and attesting to all
facts within the employer's knowledge that are pertinent to the
applicability of that subsection. Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
    The employer contributions required under this subsection
(g) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
    When assessing payment for any amount due under this
subsection (g), the System shall include earnings, to the
extent not established by a participant under Section 15-113.11
or 15-113.12, that would have been paid to the participant had
the participant not taken (i) periods of voluntary or
involuntary furlough occurring on or after July 1, 2015 and on
or before June 30, 2017 or (ii) periods of voluntary pay
reduction in lieu of furlough occurring on or after July 1,
2015 and on or before June 30, 2017. Determining earnings that
would have been paid to a participant had the participant not
taken periods of voluntary or involuntary furlough or periods
of voluntary pay reduction shall be the responsibility of the
employer, and shall be reported in a manner prescribed by the
System.
    This subsection (g) does not apply to (1) Tier 2 hybrid
plan members and (2) Tier 2 defined benefit members who first
participate under this Article on or after the implementation
date of the Optional Hybrid Plan.
    (g-1) For academic years beginning on or after July 1, 2018
and for earnings paid to a participant under a contract or
collective bargaining agreement entered into, amended, or
renewed on or after June 4, 2018 (the effective date of Public
Act 100-587) this amendatory Act of the 100th General Assembly,
if the amount of a participant's earnings for any academic year
used to determine the final rate of earnings, determined on a
full-time equivalent basis, exceeds the amount of his or her
earnings with the same employer for the previous academic year,
determined on a full-time equivalent basis, by more than 3%,
then the participant's employer shall pay to the System, in
addition to all other payments required under this Section and
in accordance with guidelines established by the System, the
present value of the increase in benefits resulting from the
portion of the increase in earnings that is in excess of 3%.
This present value shall be computed by the System on the basis
of the actuarial assumptions and tables used in the most recent
actuarial valuation of the System that is available at the time
of the computation. The System may require the employer to
provide any pertinent information or documentation.
    Whenever it determines that a payment is or may be required
under this subsection (g-1), the System shall calculate the
amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the
amount due. If the employer disputes the amount of the bill, it
may, within 30 days after receipt of the bill, apply to the
System in writing for a recalculation. The application must
specify in detail the grounds of the dispute and, if the
employer asserts that subsection (g) of this Section applies,
must include an affidavit setting forth and attesting to all
facts within the employer's knowledge that are pertinent to the
applicability of subsection (g). Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
    The employer contributions required under this subsection
(g-1) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest shall
be charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
    This subsection (g-1) does not apply to (1) Tier 2 hybrid
plan members and (2) Tier 2 defined benefit members who first
participate under this Article on or after the implementation
date of the Optional Hybrid Plan.
    (h) This subsection (h) applies only to payments made or
salary increases given on or after June 1, 2005 but before July
1, 2011. The changes made by Public Act 94-1057 shall not
require the System to refund any payments received before July
31, 2006 (the effective date of Public Act 94-1057).
    When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases paid to
participants under contracts or collective bargaining
agreements entered into, amended, or renewed before June 1,
2005.
    When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases paid to a
participant at a time when the participant is 10 or more years
from retirement eligibility under Section 15-135.
    When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases resulting from
overload work, including a contract for summer teaching, or
overtime when the employer has certified to the System, and the
System has approved the certification, that: (i) in the case of
overloads (A) the overload work is for the sole purpose of
academic instruction in excess of the standard number of
instruction hours for a full-time employee occurring during the
academic year that the overload is paid and (B) the earnings
increases are equal to or less than the rate of pay for
academic instruction computed using the participant's current
salary rate and work schedule; and (ii) in the case of
overtime, the overtime was necessary for the educational
mission.
    When assessing payment for any amount due under subsection
(g), the System shall exclude any earnings increase resulting
from (i) a promotion for which the employee moves from one
classification to a higher classification under the State
Universities Civil Service System, (ii) a promotion in academic
rank for a tenured or tenure-track faculty position, or (iii) a
promotion that the Illinois Community College Board has
recommended in accordance with subsection (k) of this Section.
These earnings increases shall be excluded only if the
promotion is to a position that has existed and been filled by
a member for no less than one complete academic year and the
earnings increase as a result of the promotion is an increase
that results in an amount no greater than the average salary
paid for other similar positions.
    (i) When assessing payment for any amount due under
subsection (g), the System shall exclude any salary increase
described in subsection (h) of this Section given on or after
July 1, 2011 but before July 1, 2014 under a contract or
collective bargaining agreement entered into, amended, or
renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any
payments made or salary increases given after June 30, 2014
shall be used in assessing payment for any amount due under
subsection (g) of this Section.
    (j) The System shall prepare a report and file copies of
the report with the Governor and the General Assembly by
January 1, 2007 that contains all of the following information:
        (1) The number of recalculations required by the
    changes made to this Section by Public Act 94-1057 for each
    employer.
        (2) The dollar amount by which each employer's
    contribution to the System was changed due to
    recalculations required by Public Act 94-1057.
        (3) The total amount the System received from each
    employer as a result of the changes made to this Section by
    Public Act 94-4.
        (4) The increase in the required State contribution
    resulting from the changes made to this Section by Public
    Act 94-1057.
    (j-5) For State fiscal years beginning on or after July 1,
2017, if the amount of a participant's earnings for any State
fiscal year exceeds the amount of the salary set by law for the
Governor that is in effect on July 1 of that fiscal year, the
participant's employer shall pay to the System, in addition to
all other payments required under this Section and in
accordance with guidelines established by the System, an amount
determined by the System to be equal to the employer normal
cost, as established by the System and expressed as a total
percentage of payroll, multiplied by the amount of earnings in
excess of the amount of the salary set by law for the Governor.
This amount shall be computed by the System on the basis of the
actuarial assumptions and tables used in the most recent
actuarial valuation of the System that is available at the time
of the computation. The System may require the employer to
provide any pertinent information or documentation.
    Whenever it determines that a payment is or may be required
under this subsection, the System shall calculate the amount of
the payment and bill the employer for that amount. The bill
shall specify the calculation used to determine the amount due.
If the employer disputes the amount of the bill, it may, within
30 days after receipt of the bill, apply to the System in
writing for a recalculation. The application must specify in
detail the grounds of the dispute. Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
    The employer contributions required under this subsection
may be paid in the form of a lump sum within 90 days after
issuance of the bill. If the employer contributions are not
paid within 90 days after issuance of the bill, then interest
will be charged at a rate equal to the System's annual
actuarially assumed rate of return on investment compounded
annually from the 91st day after issuance of the bill. All
payments must be received within 3 years after issuance of the
bill. If the employer fails to make complete payment, including
applicable interest, within 3 years, then the System may, after
giving notice to the employer, certify the delinquent amount to
the State Comptroller, and the Comptroller shall thereupon
deduct the certified delinquent amount from State funds payable
to the employer and pay them instead to the System.
    This subsection (j-5) does not apply to a participant's
earnings to the extent an employer pays the employer normal
cost of such earnings.
    The changes made to this subsection (j-5) by Public Act
100-624 this amendatory Act of the 100th General Assembly are
intended to apply retroactively to July 6, 2017 (the effective
date of Public Act 100-23).
    (k) The Illinois Community College Board shall adopt rules
for recommending lists of promotional positions submitted to
the Board by community colleges and for reviewing the
promotional lists on an annual basis. When recommending
promotional lists, the Board shall consider the similarity of
the positions submitted to those positions recognized for State
universities by the State Universities Civil Service System.
The Illinois Community College Board shall file a copy of its
findings with the System. The System shall consider the
findings of the Illinois Community College Board when making
determinations under this Section. The System shall not exclude
any earnings increases resulting from a promotion when the
promotion was not submitted by a community college. Nothing in
this subsection (k) shall require any community college to
submit any information to the Community College Board.
    (l) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
    As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
    (m) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.
(Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-624, eff. 7-20-18; revised 7-30-18.)
 
    (40 ILCS 5/15-198)
    Sec. 15-198. Application and expiration of new benefit
increases.
    (a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after the effective date of this
amendatory Act of the 94th General Assembly. "New benefit
increase", however, does not include any benefit increase
resulting from the changes made to Article 1 or this Article by
Public Act 100-23, Public Act 100-587, or Public Act 100-769 or
this amendatory Act of the 100th General Assembly.
    (b) Notwithstanding any other provision of this Code or any
subsequent amendment to this Code, every new benefit increase
is subject to this Section and shall be deemed to be granted
only in conformance with and contingent upon compliance with
the provisions of this Section.
    (c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
    Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of the
Department of Insurance. A new benefit increase created by a
Public Act that does not include the additional funding
required under this subsection is null and void. If the Public
Pension Division determines that the additional funding
provided for a new benefit increase under this subsection is or
has become inadequate, it may so certify to the Governor and
the State Comptroller and, in the absence of corrective action
by the General Assembly, the new benefit increase shall expire
at the end of the fiscal year in which the certification is
made.
    (d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
    (e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including without limitation a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-769, eff. 8-10-18; revised 9-26-18.)
 
    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
    Sec. 16-158. Contributions by State and other employing
units.
    (a) The State shall make contributions to the System by
means of appropriations from the Common School Fund and other
State funds of amounts which, together with other employer
contributions, employee contributions, investment income, and
other income, will be sufficient to meet the cost of
maintaining and administering the System on a 90% funded basis
in accordance with actuarial recommendations.
    The Board shall determine the amount of State contributions
required for each fiscal year on the basis of the actuarial
tables and other assumptions adopted by the Board and the
recommendations of the actuary, using the formula in subsection
(b-3).
    (a-1) Annually, on or before November 15 until November 15,
2011, the Board shall certify to the Governor the amount of the
required State contribution for the coming fiscal year. The
certification under this subsection (a-1) shall include a copy
of the actuarial recommendations upon which it is based and
shall specifically identify the System's projected State
normal cost for that fiscal year.
    On or before May 1, 2004, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2005, taking
into account the amounts appropriated to and received by the
System under subsection (d) of Section 7.2 of the General
Obligation Bond Act.
    On or before July 1, 2005, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2006, taking
into account the changes in required State contributions made
by Public Act 94-4.
    On or before April 1, 2011, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2011, applying
the changes made by Public Act 96-889 to the System's assets
and liabilities as of June 30, 2009 as though Public Act 96-889
was approved on that date.
    (a-5) On or before November 1 of each year, beginning
November 1, 2012, the Board shall submit to the State Actuary,
the Governor, and the General Assembly a proposed certification
of the amount of the required State contribution to the System
for the next fiscal year, along with all of the actuarial
assumptions, calculations, and data upon which that proposed
certification is based. On or before January 1 of each year,
beginning January 1, 2013, the State Actuary shall issue a
preliminary report concerning the proposed certification and
identifying, if necessary, recommended changes in actuarial
assumptions that the Board must consider before finalizing its
certification of the required State contributions. On or before
January 15, 2013 and each January 15 thereafter, the Board
shall certify to the Governor and the General Assembly the
amount of the required State contribution for the next fiscal
year. The Board's certification must note any deviations from
the State Actuary's recommended changes, the reason or reasons
for not following the State Actuary's recommended changes, and
the fiscal impact of not following the State Actuary's
recommended changes on the required State contribution.
    (a-10) By November 1, 2017, the Board shall recalculate and
recertify to the State Actuary, the Governor, and the General
Assembly the amount of the State contribution to the System for
State fiscal year 2018, taking into account the changes in
required State contributions made by Public Act 100-23. The
State Actuary shall review the assumptions and valuations
underlying the Board's revised certification and issue a
preliminary report concerning the proposed recertification and
identifying, if necessary, recommended changes in actuarial
assumptions that the Board must consider before finalizing its
certification of the required State contributions. The Board's
final certification must note any deviations from the State
Actuary's recommended changes, the reason or reasons for not
following the State Actuary's recommended changes, and the
fiscal impact of not following the State Actuary's recommended
changes on the required State contribution.
    (a-15) On or after June 15, 2019, but no later than June
30, 2019, the Board shall recalculate and recertify to the
Governor and the General Assembly the amount of the State
contribution to the System for State fiscal year 2019, taking
into account the changes in required State contributions made
by Public Act 100-587 this amendatory Act of the 100th General
Assembly. The recalculation shall be made using assumptions
adopted by the Board for the original fiscal year 2019
certification. The monthly voucher for the 12th month of fiscal
year 2019 shall be paid by the Comptroller after the
recertification required pursuant to this subsection is
submitted to the Governor, Comptroller, and General Assembly.
The recertification submitted to the General Assembly shall be
filed with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct.
    (b) Through State fiscal year 1995, the State contributions
shall be paid to the System in accordance with Section 18-7 of
the School Code.
    (b-1) Beginning in State fiscal year 1996, on the 15th day
of each month, or as soon thereafter as may be practicable, the
Board shall submit vouchers for payment of State contributions
to the System, in a total monthly amount of one-twelfth of the
required annual State contribution certified under subsection
(a-1). From March 5, 2004 (the effective date of Public Act
93-665) through June 30, 2004, the Board shall not submit
vouchers for the remainder of fiscal year 2004 in excess of the
fiscal year 2004 certified contribution amount determined
under this Section after taking into consideration the transfer
to the System under subsection (a) of Section 6z-61 of the
State Finance Act. These vouchers shall be paid by the State
Comptroller and Treasurer by warrants drawn on the funds
appropriated to the System for that fiscal year.
    If in any month the amount remaining unexpended from all
other appropriations to the System for the applicable fiscal
year (including the appropriations to the System under Section
8.12 of the State Finance Act and Section 1 of the State
Pension Funds Continuing Appropriation Act) is less than the
amount lawfully vouchered under this subsection, the
difference shall be paid from the Common School Fund under the
continuing appropriation authority provided in Section 1.1 of
the State Pension Funds Continuing Appropriation Act.
    (b-2) Allocations from the Common School Fund apportioned
to school districts not coming under this System shall not be
diminished or affected by the provisions of this Article.
    (b-3) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
    For each of State fiscal years 2018, 2019, and 2020, the
State shall make an additional contribution to the System equal
to 2% of the total payroll of each employee who is deemed to
have elected the benefits under Section 1-161 or who has made
the election under subsection (c) of Section 1-161.
    A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution.
    A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applied to the State contribution in fiscal year 2014,
2015, 2016, or 2017 shall be implemented:
        (i) as already applied in State fiscal years before
    2018; and
        (ii) in the portion of the 5-year period beginning in
    the State fiscal year in which the actuarial change first
    applied that occurs in State fiscal year 2018 or
    thereafter, by calculating the change in equal annual
    amounts over that 5-year period and then implementing it at
    the resulting annual rate in each of the remaining fiscal
    years in that 5-year period.
    For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section; except that in the
following specified State fiscal years, the State contribution
to the System shall not be less than the following indicated
percentages of the applicable employee payroll, even if the
indicated percentage will produce a State contribution in
excess of the amount otherwise required under this subsection
and subsection (a), and notwithstanding any contrary
certification made under subsection (a-1) before May 27, 1998
(the effective date of Public Act 90-582): 10.02% in FY 1999;
10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86%
in FY 2003; and 13.56% in FY 2004.
    Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$534,627,700.
    Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$738,014,500.
    For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
    Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is
$2,089,268,000 and shall be made from the proceeds of bonds
sold in fiscal year 2010 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the Common School Fund
in fiscal year 2010, and (iii) any reduction in bond proceeds
due to the issuance of discounted bonds, if applicable.
    Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to subsection (a-1) of this Section and shall be made
from the proceeds of bonds sold in fiscal year 2011 pursuant to
Section 7.2 of the General Obligation Bond Act, less (i) the
pro rata share of bond sale expenses determined by the System's
share of total bond proceeds, (ii) any amounts received from
the Common School Fund in fiscal year 2011, and (iii) any
reduction in bond proceeds due to the issuance of discounted
bonds, if applicable. This amount shall include, in addition to
the amount certified by the System, an amount necessary to meet
employer contributions required by the State as an employer
under paragraph (e) of this Section, which may also be used by
the System for contributions required by paragraph (a) of
Section 16-127.
    Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
    Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
    Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under subsection (a-1), shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
    (b-4) Beginning in fiscal year 2018, each employer under
this Article shall pay to the System a required contribution
determined as a percentage of projected payroll and sufficient
to produce an annual amount equal to:
        (i) for each of fiscal years 2018, 2019, and 2020, the
    defined benefit normal cost of the defined benefit plan,
    less the employee contribution, for each employee of that
    employer who has elected or who is deemed to have elected
    the benefits under Section 1-161 or who has made the
    election under subsection (b) of Section 1-161; for fiscal
    year 2021 and each fiscal year thereafter, the defined
    benefit normal cost of the defined benefit plan, less the
    employee contribution, plus 2%, for each employee of that
    employer who has elected or who is deemed to have elected
    the benefits under Section 1-161 or who has made the
    election under subsection (b) of Section 1-161; plus
        (ii) the amount required for that fiscal year to
    amortize any unfunded actuarial accrued liability
    associated with the present value of liabilities
    attributable to the employer's account under Section
    16-158.3, determined as a level percentage of payroll over
    a 30-year rolling amortization period.
    In determining contributions required under item (i) of
this subsection, the System shall determine an aggregate rate
for all employers, expressed as a percentage of projected
payroll.
    In determining the contributions required under item (ii)
of this subsection, the amount shall be computed by the System
on the basis of the actuarial assumptions and tables used in
the most recent actuarial valuation of the System that is
available at the time of the computation.
    The contributions required under this subsection (b-4)
shall be paid by an employer concurrently with that employer's
payroll payment period. The State, as the actual employer of an
employee, shall make the required contributions under this
subsection.
    (c) Payment of the required State contributions and of all
pensions, retirement annuities, death benefits, refunds, and
other benefits granted under or assumed by this System, and all
expenses in connection with the administration and operation
thereof, are obligations of the State.
    If members are paid from special trust or federal funds
which are administered by the employing unit, whether school
district or other unit, the employing unit shall pay to the
System from such funds the full accruing retirement costs based
upon that service, which, beginning July 1, 2017, shall be at a
rate, expressed as a percentage of salary, equal to the total
employer's normal cost, expressed as a percentage of payroll,
as determined by the System. Employer contributions, based on
salary paid to members from federal funds, may be forwarded by
the distributing agency of the State of Illinois to the System
prior to allocation, in an amount determined in accordance with
guidelines established by such agency and the System. Any
contribution for fiscal year 2015 collected as a result of the
change made by Public Act 98-674 shall be considered a State
contribution under subsection (b-3) of this Section.
    (d) Effective July 1, 1986, any employer of a teacher as
defined in paragraph (8) of Section 16-106 shall pay the
employer's normal cost of benefits based upon the teacher's
service, in addition to employee contributions, as determined
by the System. Such employer contributions shall be forwarded
monthly in accordance with guidelines established by the
System.
    However, with respect to benefits granted under Section
16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
of Section 16-106, the employer's contribution shall be 12%
(rather than 20%) of the member's highest annual salary rate
for each year of creditable service granted, and the employer
shall also pay the required employee contribution on behalf of
the teacher. For the purposes of Sections 16-133.4 and
16-133.5, a teacher as defined in paragraph (8) of Section
16-106 who is serving in that capacity while on leave of
absence from another employer under this Article shall not be
considered an employee of the employer from which the teacher
is on leave.
    (e) Beginning July 1, 1998, every employer of a teacher
shall pay to the System an employer contribution computed as
follows:
        (1) Beginning July 1, 1998 through June 30, 1999, the
    employer contribution shall be equal to 0.3% of each
    teacher's salary.
        (2) Beginning July 1, 1999 and thereafter, the employer
    contribution shall be equal to 0.58% of each teacher's
    salary.
The school district or other employing unit may pay these
employer contributions out of any source of funding available
for that purpose and shall forward the contributions to the
System on the schedule established for the payment of member
contributions.
    These employer contributions are intended to offset a
portion of the cost to the System of the increases in
retirement benefits resulting from Public Act 90-582.
    Each employer of teachers is entitled to a credit against
the contributions required under this subsection (e) with
respect to salaries paid to teachers for the period January 1,
2002 through June 30, 2003, equal to the amount paid by that
employer under subsection (a-5) of Section 6.6 of the State
Employees Group Insurance Act of 1971 with respect to salaries
paid to teachers for that period.
    The additional 1% employee contribution required under
Section 16-152 by Public Act 90-582 is the responsibility of
the teacher and not the teacher's employer, unless the employer
agrees, through collective bargaining or otherwise, to make the
contribution on behalf of the teacher.
    If an employer is required by a contract in effect on May
1, 1998 between the employer and an employee organization to
pay, on behalf of all its full-time employees covered by this
Article, all mandatory employee contributions required under
this Article, then the employer shall be excused from paying
the employer contribution required under this subsection (e)
for the balance of the term of that contract. The employer and
the employee organization shall jointly certify to the System
the existence of the contractual requirement, in such form as
the System may prescribe. This exclusion shall cease upon the
termination, extension, or renewal of the contract at any time
after May 1, 1998.
    (f) For school years beginning on or after June 1, 2005 and
before July 1, 2018 and for salary paid to a teacher under a
contract or collective bargaining agreement entered into,
amended, or renewed before June 4, 2018 (the effective date of
Public Act 100-587) this amendatory Act of the 100th General
Assembly, if the amount of a teacher's salary for any school
year used to determine final average salary exceeds the
member's annual full-time salary rate with the same employer
for the previous school year by more than 6%, the teacher's
employer shall pay to the System, in addition to all other
payments required under this Section and in accordance with
guidelines established by the System, the present value of the
increase in benefits resulting from the portion of the increase
in salary that is in excess of 6%. This present value shall be
computed by the System on the basis of the actuarial
assumptions and tables used in the most recent actuarial
valuation of the System that is available at the time of the
computation. If a teacher's salary for the 2005-2006 school
year is used to determine final average salary under this
subsection (f), then the changes made to this subsection (f) by
Public Act 94-1057 shall apply in calculating whether the
increase in his or her salary is in excess of 6%. For the
purposes of this Section, change in employment under Section
10-21.12 of the School Code on or after June 1, 2005 shall
constitute a change in employer. The System may require the
employer to provide any pertinent information or
documentation. The changes made to this subsection (f) by
Public Act 94-1111 apply without regard to whether the teacher
was in service on or after its effective date.
    Whenever it determines that a payment is or may be required
under this subsection, the System shall calculate the amount of
the payment and bill the employer for that amount. The bill
shall specify the calculations used to determine the amount
due. If the employer disputes the amount of the bill, it may,
within 30 days after receipt of the bill, apply to the System
in writing for a recalculation. The application must specify in
detail the grounds of the dispute and, if the employer asserts
that the calculation is subject to subsection (g) or (h) of
this Section or that subsection (f-1) of this Section applies,
must include an affidavit setting forth and attesting to all
facts within the employer's knowledge that are pertinent to the
applicability of that subsection. Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
    The employer contributions required under this subsection
(f) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
    (f-1) For school years beginning on or after July 1, 2018
and for salary paid to a teacher under a contract or collective
bargaining agreement entered into, amended, or renewed on or
after June 4, 2018 (the effective date of Public Act 100-587)
this amendatory Act of the 100th General Assembly, if the
amount of a teacher's salary for any school year used to
determine final average salary exceeds the member's annual
full-time salary rate with the same employer for the previous
school year by more than 3%, then the teacher's employer shall
pay to the System, in addition to all other payments required
under this Section and in accordance with guidelines
established by the System, the present value of the increase in
benefits resulting from the portion of the increase in salary
that is in excess of 3%. This present value shall be computed
by the System on the basis of the actuarial assumptions and
tables used in the most recent actuarial valuation of the
System that is available at the time of the computation. The
System may require the employer to provide any pertinent
information or documentation.
    Whenever it determines that a payment is or may be required
under this subsection (f-1), the System shall calculate the
amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the
amount due. If the employer disputes the amount of the bill, it
shall, within 30 days after receipt of the bill, apply to the
System in writing for a recalculation. The application must
specify in detail the grounds of the dispute and, if the
employer asserts that subsection (f) of this Section applies,
must include an affidavit setting forth and attesting to all
facts within the employer's knowledge that are pertinent to the
applicability of subsection (f). Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
    The employer contributions required under this subsection
(f-1) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest shall
be charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
    (g) This subsection (g) applies only to payments made or
salary increases given on or after June 1, 2005 but before July
1, 2011. The changes made by Public Act 94-1057 shall not
require the System to refund any payments received before July
31, 2006 (the effective date of Public Act 94-1057).
    When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to teachers
under contracts or collective bargaining agreements entered
into, amended, or renewed before June 1, 2005.
    When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to a
teacher at a time when the teacher is 10 or more years from
retirement eligibility under Section 16-132 or 16-133.2.
    When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases resulting from
overload work, including summer school, when the school
district has certified to the System, and the System has
approved the certification, that (i) the overload work is for
the sole purpose of classroom instruction in excess of the
standard number of classes for a full-time teacher in a school
district during a school year and (ii) the salary increases are
equal to or less than the rate of pay for classroom instruction
computed on the teacher's current salary and work schedule.
    When assessing payment for any amount due under subsection
(f), the System shall exclude a salary increase resulting from
a promotion (i) for which the employee is required to hold a
certificate or supervisory endorsement issued by the State
Teacher Certification Board that is a different certification
or supervisory endorsement than is required for the teacher's
previous position and (ii) to a position that has existed and
been filled by a member for no less than one complete academic
year and the salary increase from the promotion is an increase
that results in an amount no greater than the lesser of the
average salary paid for other similar positions in the district
requiring the same certification or the amount stipulated in
the collective bargaining agreement for a similar position
requiring the same certification.
    When assessing payment for any amount due under subsection
(f), the System shall exclude any payment to the teacher from
the State of Illinois or the State Board of Education over
which the employer does not have discretion, notwithstanding
that the payment is included in the computation of final
average salary.
    (h) When assessing payment for any amount due under
subsection (f), the System shall exclude any salary increase
described in subsection (g) of this Section given on or after
July 1, 2011 but before July 1, 2014 under a contract or
collective bargaining agreement entered into, amended, or
renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any
payments made or salary increases given after June 30, 2014
shall be used in assessing payment for any amount due under
subsection (f) of this Section.
    (i) The System shall prepare a report and file copies of
the report with the Governor and the General Assembly by
January 1, 2007 that contains all of the following information:
        (1) The number of recalculations required by the
    changes made to this Section by Public Act 94-1057 for each
    employer.
        (2) The dollar amount by which each employer's
    contribution to the System was changed due to
    recalculations required by Public Act 94-1057.
        (3) The total amount the System received from each
    employer as a result of the changes made to this Section by
    Public Act 94-4.
        (4) The increase in the required State contribution
    resulting from the changes made to this Section by Public
    Act 94-1057.
    (i-5) For school years beginning on or after July 1, 2017,
if the amount of a participant's salary for any school year
exceeds the amount of the salary set for the Governor, the
participant's employer shall pay to the System, in addition to
all other payments required under this Section and in
accordance with guidelines established by the System, an amount
determined by the System to be equal to the employer normal
cost, as established by the System and expressed as a total
percentage of payroll, multiplied by the amount of salary in
excess of the amount of the salary set for the Governor. This
amount shall be computed by the System on the basis of the
actuarial assumptions and tables used in the most recent
actuarial valuation of the System that is available at the time
of the computation. The System may require the employer to
provide any pertinent information or documentation.
    Whenever it determines that a payment is or may be required
under this subsection, the System shall calculate the amount of
the payment and bill the employer for that amount. The bill
shall specify the calculations used to determine the amount
due. If the employer disputes the amount of the bill, it may,
within 30 days after receipt of the bill, apply to the System
in writing for a recalculation. The application must specify in
detail the grounds of the dispute. Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
    The employer contributions required under this subsection
may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
    (j) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
    As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
    (k) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.
(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff.
8-14-18; revised 10-4-18.)
 
    (40 ILCS 5/16-203)
    Sec. 16-203. Application and expiration of new benefit
increases.
    (a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
95-910, Public Act 100-23, Public Act 100-587, Public Act
100-743, or Public Act 100-769 or by this amendatory Act of the
100th General Assembly.
    (b) Notwithstanding any other provision of this Code or any
subsequent amendment to this Code, every new benefit increase
is subject to this Section and shall be deemed to be granted
only in conformance with and contingent upon compliance with
the provisions of this Section.
    (c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
    Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of the
Department of Insurance. A new benefit increase created by a
Public Act that does not include the additional funding
required under this subsection is null and void. If the Public
Pension Division determines that the additional funding
provided for a new benefit increase under this subsection is or
has become inadequate, it may so certify to the Governor and
the State Comptroller and, in the absence of corrective action
by the General Assembly, the new benefit increase shall expire
at the end of the fiscal year in which the certification is
made.
    (d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
    (e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including without limitation a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-743, eff. 8-10-18; 100-769, eff. 8-10-18; revised
10-15-18.)
 
    Section 315. The Property Assessed Clean Energy Act is
amended by changing Sections 5 and 30 as follows:
 
    (50 ILCS 50/5)
    Sec. 5. Definitions. As used in this Act:
    "Alternative energy improvement" means the installation or
upgrade of electrical wiring, outlets, or charging stations to
charge a motor vehicle that is fully or partially powered by
electricity.
    "Assessment contract" means a voluntary written contract
between the local unit of government (or a permitted assignee)
and record owner governing the terms and conditions of
financing and assessment under a program.
    "Authority" means the Illinois Finance Authority.
    "PACE area" means an area within the jurisdictional
boundaries of a local unit of government created by an
ordinance or resolution of the local unit of government to
provide financing for energy projects under a property assessed
clean energy program. A local unit of government may create
more than one PACE area under the program, and PACE areas may
be separate, overlapping, or coterminous.
    "Energy efficiency improvement" means equipment, devices,
or materials intended to decrease energy consumption or promote
a more efficient use of electricity, natural gas, propane, or
other forms of energy on property, including, but not limited
to, all of the following:
        (1) insulation in walls, roofs, floors, foundations,
    or heating and cooling distribution systems;
        (2) storm windows and doors, multi-glazed windows and
    doors, heat-absorbing or heat-reflective glazed and coated
    window and door systems, and additional glazing,
    reductions in glass area, and other window and door system
    modifications that reduce energy consumption;
        (3) automated energy control systems;
        (4) high efficiency heating, ventilating, or
    air-conditioning and distribution system modifications or
    replacements;
        (5) caulking, weather-stripping, and air sealing;
        (6) replacement or modification of lighting fixtures
    to reduce the energy use of the lighting system;
        (7) energy controls or recovery systems;
        (8) day lighting systems;
        (8.1) any energy efficiency project, as defined in
    Section 825-65 of the Illinois Finance Authority Act; and
        (9) any other installation or modification of
    equipment, devices, or materials approved as a utility
    cost-savings measure by the governing body.
    "Energy project" means the installation or modification of
an alternative energy improvement, energy efficiency
improvement, or water use improvement, or the acquisition,
installation, or improvement of a renewable energy system that
is affixed to a stabilized existing property (including new
construction).
    "Governing body" means the county board or board of county
commissioners of a county, the city council of a city, or the
board of trustees of a village.
    "Local unit of government" means a county, city, or
village.
    "Permitted assignee" means (i) any body politic and
corporate, (ii) any bond trustee, or (iii) any warehouse
lender, or any other assignee of a local unit of government
designated in an assessment contract.
    "Person" means an individual, firm, partnership,
association, corporation, limited liability company,
unincorporated joint venture, trust, or any other type of
entity that is recognized by law and has the title to or
interest in property. "Person" does not include a local unit of
government or a homeowner's or condominium association, but
does include other governmental entities that are not local
units of government.
    "Program administrator" means a for-profit entity or
not-for-profit not-for profit entity that will administer a
program on behalf of or at the discretion of the local unit of
government. It or its affiliates, consultants, or advisors
shall have done business as a program administrator or capital
provider for a minimum of 18 months and shall be responsible
for arranging capital for the acquisition of bonds issued by
the local unit of government or the Authority to finance energy
projects.
    "Property" means privately-owned commercial, industrial,
non-residential agricultural, or multi-family (of 5 or more
units) real property located within the local unit of
government, but does not include property owned by a local unit
of government or a homeowner's or condominium association.
    "Property assessed clean energy program" or "program"
means a program as described in Section 10.
    "Record owner" means the person who is the titleholder or
owner of the beneficial interest in property.
    "Renewable energy resource" includes energy and its
associated renewable energy credit or renewable energy credits
from wind energy, solar thermal energy, photovoltaic cells and
panels, biodiesel, anaerobic digestion, and hydropower that
does not involve new construction or significant expansion of
hydropower dams. For purposes of this Act, landfill gas
produced in the State is considered a renewable energy
resource. The term "renewable energy resources" does not
include the incineration or burning of any solid material.
    "Renewable energy system" means a fixture, product,
device, or interacting group of fixtures, products, or devices
on the customer's side of the meter that use one or more
renewable energy resources to generate electricity, and
specifically includes any renewable energy project, as defined
in Section 825-65 of the Illinois Finance Authority Act.
    "Warehouse fund" means any fund established by a local unit
of government, body politic and corporate, or warehouse lender.
    "Warehouse lender" means any financial institution
participating in a PACE area that finances an energy project
from lawfully available funds in anticipation of issuing bonds
as described in Section 35.
    "Water use improvement" means any fixture, product,
system, device, or interacting group thereof for or serving any
property that has the effect of conserving water resources
through improved water management or efficiency.
(Source: P.A. 100-77, eff. 8-11-17; 100-980, eff. 1-1-19;
revised 9-28-18.)
 
    (50 ILCS 50/30)
    Sec. 30. Assessments constitute a lien; billing.
    (a) An assessment imposed under a property assessed clean
energy program pursuant to an assessment contract, including
any interest on the assessment and any penalty, shall, upon
recording of the assessment contract in the county in which the
PACE area is located, constitute a lien against the property on
which the assessment is imposed until the assessment, including
any interest or penalty, is paid in full. The lien of the
assessment contract shall run with the property until the
assessment is paid in full and a satisfaction or release for
the same has been recorded with the local unit of government
and shall have the same priority and status as other property
tax and assessment liens. The local unit of government (or any
permitted assignee) shall have all rights and remedies in the
case of default or delinquency in the payment of an assessment
as it does with respect to delinquent property taxes. When the
assessment, including any interest and penalty, is paid, the
lien shall be removed from the property.
    (a-5) The assessment shall be imposed by the local unit of
government against each lot, block, tract, track and parcel of
land within the PACE area to be assessed in accordance with an
assessment roll setting forth: (i) a description of the method
of spreading the assessment; (ii) a list of lots, blocks,
tracts and parcels of land in the PACE area; and (iii) the
amount assessed on each parcel. The assessment roll shall be
filed with the county clerk of the county in which the PACE
area is located for use in establishing the lien and collecting
the assessment.
    (b) Installments of assessments due under a program may be
included in each tax bill issued under the Property Tax Code
and may be collected at the same time and in the same manner as
taxes collected under the Property Tax Code. Alternatively,
installments may be billed and collected as provided in a
special assessment ordinance of general applicability adopted
by the local unit of government pursuant to State law or local
charter. In no event will partial payment of an assessment be
allowed.
(Source: P.A. 100-77, eff. 8-11-17; 100-980, eff. 1-1-19;
revised 9-28-18.)
 
    Section 320. The Illinois Police Training Act is amended by
changing Sections 7 and 10.22 as follows:
 
    (50 ILCS 705/7)  (from Ch. 85, par. 507)
    Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
        a. The curriculum for probationary police officers
    which shall be offered by all certified schools shall
    include, but not be limited to, courses of procedural
    justice, arrest and use and control tactics, search and
    seizure, including temporary questioning, civil rights,
    human rights, human relations, cultural competency,
    including implicit bias and racial and ethnic sensitivity,
    criminal law, law of criminal procedure, constitutional
    and proper use of law enforcement authority, vehicle and
    traffic law including uniform and non-discriminatory
    enforcement of the Illinois Vehicle Code, traffic control
    and accident investigation, techniques of obtaining
    physical evidence, court testimonies, statements, reports,
    firearms training, training in the use of electronic
    control devices, including the psychological and
    physiological effects of the use of those devices on
    humans, first-aid (including cardiopulmonary
    resuscitation), training in the administration of opioid
    antagonists as defined in paragraph (1) of subsection (e)
    of Section 5-23 of the Substance Use Disorder Act, handling
    of juvenile offenders, recognition of mental conditions
    and crises, including, but not limited to, the disease of
    addiction, which require immediate assistance and response
    and methods to safeguard and provide assistance to a person
    in need of mental treatment, recognition of abuse, neglect,
    financial exploitation, and self-neglect of adults with
    disabilities and older adults, as defined in Section 2 of
    the Adult Protective Services Act, crimes against the
    elderly, law of evidence, the hazards of high-speed police
    vehicle chases with an emphasis on alternatives to the
    high-speed chase, and physical training. The curriculum
    shall include specific training in techniques for
    immediate response to and investigation of cases of
    domestic violence and of sexual assault of adults and
    children, including cultural perceptions and common myths
    of sexual assault and sexual abuse as well as interview
    techniques that are age sensitive and are trauma informed,
    victim centered, and victim sensitive. The curriculum
    shall include training in techniques designed to promote
    effective communication at the initial contact with crime
    victims and ways to comprehensively explain to victims and
    witnesses their rights under the Rights of Crime Victims
    and Witnesses Act and the Crime Victims Compensation Act.
    The curriculum shall also include training in effective
    recognition of and responses to stress, trauma, and
    post-traumatic stress experienced by police officers. The
    curriculum shall also include a block of instruction aimed
    at identifying and interacting with persons with autism and
    other developmental or physical disabilities, reducing
    barriers to reporting crimes against persons with autism,
    and addressing the unique challenges presented by cases
    involving victims or witnesses with autism and other
    developmental disabilities. The curriculum for permanent
    police officers shall include, but not be limited to: (1)
    refresher and in-service training in any of the courses
    listed above in this subparagraph, (2) advanced courses in
    any of the subjects listed above in this subparagraph, (3)
    training for supervisory personnel, and (4) specialized
    training in subjects and fields to be selected by the
    board. The training in the use of electronic control
    devices shall be conducted for probationary police
    officers, including University police officers.
        b. Minimum courses of study, attendance requirements
    and equipment requirements.
        c. Minimum requirements for instructors.
        d. Minimum basic training requirements, which a
    probationary police officer must satisfactorily complete
    before being eligible for permanent employment as a local
    law enforcement officer for a participating local
    governmental agency. Those requirements shall include
    training in first aid (including cardiopulmonary
    resuscitation).
        e. Minimum basic training requirements, which a
    probationary county corrections officer must
    satisfactorily complete before being eligible for
    permanent employment as a county corrections officer for a
    participating local governmental agency.
        f. Minimum basic training requirements which a
    probationary court security officer must satisfactorily
    complete before being eligible for permanent employment as
    a court security officer for a participating local
    governmental agency. The Board shall establish those
    training requirements which it considers appropriate for
    court security officers and shall certify schools to
    conduct that training.
        A person hired to serve as a court security officer
    must obtain from the Board a certificate (i) attesting to
    his or her successful completion of the training course;
    (ii) attesting to his or her satisfactory completion of a
    training program of similar content and number of hours
    that has been found acceptable by the Board under the
    provisions of this Act; or (iii) attesting to the Board's
    determination that the training course is unnecessary
    because of the person's extensive prior law enforcement
    experience.
        Individuals who currently serve as court security
    officers shall be deemed qualified to continue to serve in
    that capacity so long as they are certified as provided by
    this Act within 24 months of June 1, 1997 (the effective
    date of Public Act 89-685). Failure to be so certified,
    absent a waiver from the Board, shall cause the officer to
    forfeit his or her position.
        All individuals hired as court security officers on or
    after June 1, 1997 (the effective date of Public Act
    89-685) shall be certified within 12 months of the date of
    their hire, unless a waiver has been obtained by the Board,
    or they shall forfeit their positions.
        The Sheriff's Merit Commission, if one exists, or the
    Sheriff's Office if there is no Sheriff's Merit Commission,
    shall maintain a list of all individuals who have filed
    applications to become court security officers and who meet
    the eligibility requirements established under this Act.
    Either the Sheriff's Merit Commission, or the Sheriff's
    Office if no Sheriff's Merit Commission exists, shall
    establish a schedule of reasonable intervals for
    verification of the applicants' qualifications under this
    Act and as established by the Board.
        g. Minimum in-service training requirements, which a
    police officer must satisfactorily complete every 3 years.
    Those requirements shall include constitutional and proper
    use of law enforcement authority, procedural justice,
    civil rights, human rights, mental health awareness and
    response, and cultural competency.
        h. Minimum in-service training requirements, which a
    police officer must satisfactorily complete at least
    annually. Those requirements shall include law updates and
    use of force training which shall include scenario based
    training, or similar training approved by the Board.
(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
 
    (50 ILCS 705/10.22)
    Sec. 10.22. School resource officers.
    (a) The Board shall develop or approve a course for school
resource officers as defined in Section 10-20.68 10-20.67 of
the School Code.
    (b) The school resource officer course shall be developed
within one year after January 1, 2019 (the effective date of
Public Act 100-984) this amendatory Act of the 100th General
Assembly and shall be created in consultation with
organizations demonstrating expertise and or experience in the
areas of youth and adolescent developmental issues,
educational administrative issues, prevention of child abuse
and exploitation, youth mental health treatment, and juvenile
advocacy.
    (c) The Board shall develop a process allowing law
enforcement agencies to request a waiver of this training
requirement for any specific individual assigned as a school
resource officer. Applications for these waivers may be
submitted by a local law enforcement agency chief administrator
for any officer whose prior training and experience may qualify
for a waiver of the training requirement of this subsection
(c). The Board may issue a waiver at its discretion, based
solely on the prior training and experience of an officer.
    (d) Upon completion, the employing agency shall be issued a
certificate attesting to a specific officer's completion of the
school resource officer training. Additionally, a letter of
approval shall be issued to the employing agency for any
officer who is approved for a training waiver under this
subsection (d).
(Source: P.A. 100-984, eff. 1-1-19; revised 10-22-18.)
 
    Section 325. The Missing Persons Identification Act is
amended by changing Sections 10 and 20 as follows:
 
    (50 ILCS 722/10)
    Sec. 10. Law enforcement analysis and reporting of missing
person information.
    (a) Prompt determination of high-risk missing person.
        (1) Definition. "High-risk missing person" means a
    person whose whereabouts are not currently known and whose
    circumstances indicate that the person may be at risk of
    injury or death. The circumstances that indicate that a
    person is a high-risk missing person include, but are not
    limited to, any of the following:
            (A) the person is missing as a result of a stranger
        abduction;
            (B) the person is missing under suspicious
        circumstances;
            (C) the person is missing under unknown
        circumstances;
            (D) the person is missing under known dangerous
        circumstances;
            (E) the person is missing more than 30 days;
            (F) the person has already been designated as a
        high-risk missing person by another law enforcement
        agency;
            (G) there is evidence that the person is at risk
        because:
                (i) the person is in need of medical attention,
            including but not limited to persons with
            dementia-like symptoms, or prescription
            medication;
                (ii) the person does not have a pattern of
            running away or disappearing;
                (iii) the person may have been abducted by a
            non-custodial parent;
                (iv) the person is mentally impaired,
            including, but not limited to, a person having a
            developmental disability, as defined in Section
            1-106 of the Mental Health and Developmental
            Disabilities Code, or a person having an
            intellectual disability, as defined in Section
            1-116 of the Mental Health and Developmental
            Disabilities Code;
                (v) the person is under the age of 21;
                (vi) the person has been the subject of past
            threats or acts of violence;
                (vii) the person has eloped from a nursing
            home;
            (G-5) the person is a veteran or active duty member
        of the United States Armed Forces, the National Guard,
        or any reserve component of the United States Armed
        Forces who is believed to have a physical or mental
        health condition that is related to his or her service;
        or
            (H) any other factor that may, in the judgment of
        the law enforcement official, indicate that the
        missing person may be at risk.
        (2) Law enforcement risk assessment.
            (A) Upon initial receipt of a missing person
        report, the law enforcement agency shall immediately
        determine whether there is a basis to determine that
        the missing person is a high-risk missing person.
            (B) If a law enforcement agency has previously
        determined that a missing person is not a high-risk
        missing person, but obtains new information, it shall
        immediately determine whether the information
        indicates that the missing person is a high-risk
        missing person.
            (C) Law enforcement agencies are encouraged to
        establish written protocols for the handling of
        missing person cases to accomplish the purposes of this
        Act.
        (3) Law enforcement agency reports.
            (A) The responding local law enforcement agency
        shall immediately enter all collected information
        relating to the missing person case in the Law
        Enforcement Agencies Data System (LEADS) and the
        National Crime Information Center (NCIC) databases.
        The information shall be provided in accordance with
        applicable guidelines relating to the databases. The
        information shall be entered as follows:
                (i) All appropriate DNA profiles, as
            determined by the Department of State Police,
            shall be uploaded into the missing person
            databases of the State DNA Index System (SDIS) and
            National DNA Index System (NDIS) after completion
            of the DNA analysis and other procedures required
            for database entry.
                (ii) Information relevant to the Federal
            Bureau of Investigation's Violent Criminal
            Apprehension Program shall be entered as soon as
            possible.
                (iii) The Department of State Police shall
            ensure that persons entering data relating to
            medical or dental records in State or federal
            databases are specifically trained to understand
            and correctly enter the information sought by
            these databases. The Department of State Police
            shall either use a person with specific expertise
            in medical or dental records for this purpose or
            consult with a chief medical examiner, forensic
            anthropologist, or odontologist to ensure the
            accuracy and completeness of information entered
            into the State and federal databases.
            (B) The Department of State Police shall
        immediately notify all law enforcement agencies within
        this State and the surrounding region of the
        information that will aid in the prompt location and
        safe return of the high-risk missing person.
            (C) The local law enforcement agencies that
        receive the notification from the Department of State
        Police shall notify officers to be on the lookout for
        the missing person or a suspected abductor.
            (D) Pursuant to any applicable State criteria,
        local law enforcement agencies shall also provide for
        the prompt use of an Amber Alert in cases involving
        abducted children; or use of the Endangered Missing
        Person Advisory in appropriate high risk cases.
(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
100-835, eff. 1-1-19; revised 9-28-18.)
 
    (50 ILCS 722/20)
    Sec. 20. Unidentified persons or human remains
identification responsibilities.
    (a) In this Section, "assisting law enforcement agency"
means a law enforcement agency with jurisdiction acting under
the request and direction of the medical examiner or coroner to
assist with human remains identification.
    (a-5) If the official with custody of the human remains is
not a coroner or medical examiner, the official shall
immediately notify the coroner or medical examiner of the
county in which the remains were found. The coroner or medical
examiner shall go to the scene and take charge of the remains.
    (b) Notwithstanding any other action deemed appropriate
for the handling of the human remains, the assisting law
enforcement agency, medical examiner, or coroner shall make
reasonable attempts to promptly identify human remains. This
does not include historic or prehistoric skeletal remains.
These actions shall include, but are not limited to, obtaining
the following when possible:
        (1) photographs of the human remains (prior to an
    autopsy);
        (2) dental and skeletal X-rays;
        (3) photographs of items found on or with the human
    remains;
        (4) fingerprints from the remains;
        (5) tissue samples suitable for DNA analysis;
        (6) (blank); and
        (7) any other information that may support
    identification efforts.
    (c) No medical examiner or coroner or any other person
shall dispose of, or engage in actions that will materially
affect the unidentified human remains before the assisting law
enforcement agency, medical examiner, or coroner obtains items
essential for human identification efforts listed in
subsection (b) of this Section.
    (d) Cremation of unidentified human remains is prohibited.
    (e) (Blank).
    (f) The assisting law enforcement agency, medical
examiner, or coroner shall seek support from appropriate State
and federal agencies, including National Missing and
Unidentified Persons System resources to facilitate prompt
identification of human remains. This support may include, but
is not limited to, fingerprint comparison; forensic
odontology; nuclear or mitochondrial DNA analysis, or both; and
forensic anthropology.
    (f-5) Fingerprints from the unidentified remains,
including partial prints, shall be submitted to the Department
of State Police or other resource for the purpose of attempting
to identify the deceased. The coroner or medical examiner shall
cause a dental examination to be performed by a forensic
odontologist for the purpose of dental charting, comparison to
missing person records, or both. Tissue samples collected for
DNA analysis shall be submitted within 30 days of the recovery
of the remains to a National Missing and Unidentified Persons
System partner laboratory or other resource where DNA profiles
are entered into the National DNA Index System upon completion
of testing. Forensic anthropological analysis of the remains
shall also be considered.
    (g) (Blank).
    (g-2) The medical examiner or coroner shall report the
unidentified human remains and the location where the remains
were found to the Department of State Police within 24 hours of
discovery as mandated by Section 15 of this Act. The assisting
law enforcement agency, medical examiner, or coroner shall
contact the Department of State Police to request the creation
of a an National Crime Information Center Unidentified Person
record within 5 days of the discovery of the remains. The
assisting law enforcement agency, medical examiner, or coroner
shall provide the Department of State Police all information
required for National Crime Information Center entry. Upon
notification, the Department of State Police shall create the
Unidentified Person record without unnecessary delay.
    (g-5) The assisting law enforcement agency, medical
examiner, or coroner shall obtain a National Crime Information
Center number from the Department of State Police to verify
entry and maintain this number within the unidentified human
remains case file. A National Crime Information Center
Unidentified Person record shall remain on file indefinitely or
until action is taken by the originating agency to clear or
cancel the record. The assisting law enforcement agency,
medical examiner, or coroner shall notify the Department of
State Police of necessary record modifications or cancellation
if identification is made.
    (h) (Blank).
    (h-5) The assisting law enforcement agency, medical
examiner, or coroner shall create an unidentified person record
in the National Missing and Unidentified Persons System prior
to the submission of samples or within 30 days of the discovery
of the remains, if no identification has been made. The entry
shall include all available case information including
fingerprint data and dental charts. Samples shall be submitted
to a National Missing and Unidentified Persons System partner
laboratory for DNA analysis within 30 Days. A notation of DNA
submission shall be made within the National Missing and
Unidentified Persons System Unidentified Person record.
    (i) Nothing in this Act shall be interpreted to preclude
any assisting law enforcement agency, medical examiner,
coroner, or the Department of State Police from pursuing other
efforts to identify human remains including efforts to
publicize information, descriptions, or photographs related to
the investigation.
    (j) For historic or prehistoric human skeletal remains
determined by an anthropologist to be older than 100 years,
jurisdiction shall be transferred to the Department of Natural
Resources for further investigation under the Archaeological
and Paleontological Resources Protection Act.
(Source: P.A. 100-901, eff. 1-1-19; revised 9-28-18.)
 
    Section 330. The Counties Code is amended by changing
Sections 5-1006, 5-1006.5, 5-1007, 5-1069.3, and 5-30004 as
follows:
 
    (55 ILCS 5/5-1006)  (from Ch. 34, par. 5-1006)
    Sec. 5-1006. Home Rule County Retailers' Occupation Tax
Law. Any county that is a home rule unit may impose a tax upon
all persons engaged in the business of selling tangible
personal property, other than an item of tangible personal
property titled or registered with an agency of this State's
government, at retail in the county on the gross receipts from
such sales made in the course of their business. If imposed,
this tax shall only be imposed in 1/4% increments. On and after
September 1, 1991, this additional tax may not be imposed on
tangible personal property taxed at the 1% rate under the
Retailers' Occupation Tax Act. The tax imposed by a home rule
county pursuant to this Section and all civil penalties that
may be assessed as an incident thereof shall be collected and
enforced by the State Department of Revenue. The certificate of
registration that is issued by the Department to a retailer
under the Retailers' Occupation Tax Act shall permit the
retailer to engage in a business that is taxable under any
ordinance or resolution enacted pursuant to this Section
without registering separately with the Department under such
ordinance or resolution or under this Section. The Department
shall have full power to administer and enforce this Section;
to collect all taxes and penalties due hereunder; to dispose of
taxes and penalties so collected in the manner hereinafter
provided; and to determine all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty
hereunder. In the administration of, and compliance with, this
Section, the Department and persons who are subject to this
Section shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j,
1k, 1m, 1n, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax), 4, 5, 5a, 5b, 5c,
5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,
10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
    No tax may be imposed by a home rule county pursuant to
this Section unless the county also imposes a tax at the same
rate pursuant to Section 5-1007.
    Persons subject to any tax imposed pursuant to the
authority granted in this Section may reimburse themselves for
their seller's tax liability hereunder by separately stating
such tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax which sellers
are required to collect under the Use Tax Act, pursuant to such
bracket schedules as the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the home rule county retailers' occupation tax
fund.
    The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named counties, the
counties to be those from which retailers have paid taxes or
penalties hereunder to the Department during the second
preceding calendar month. The amount to be paid to each county
shall be the amount (not including credit memoranda) collected
hereunder during the second preceding calendar month by the
Department plus an amount the Department determines is
necessary to offset any amounts that were erroneously paid to a
different taxing body, and not including an amount equal to the
amount of refunds made during the second preceding calendar
month by the Department on behalf of such county, and not
including any amount which the Department determines is
necessary to offset any amounts which were payable to a
different taxing body but were erroneously paid to the county,
and not including any amounts that are transferred to the STAR
Bonds Revenue Fund, less 1.5% of the remainder, which the
Department shall transfer into the Tax Compliance and
Administration Fund. The Department, at the time of each
monthly disbursement to the counties, shall prepare and certify
to the State Comptroller the amount to be transferred into the
Tax Compliance and Administration Fund under this Section.
Within 10 days after receipt, by the Comptroller, of the
disbursement certification to the counties and the Tax
Compliance and Administration Fund provided for in this Section
to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained
in the certification.
    In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in March of each year to
each county that received more than $500,000 in disbursements
under the preceding paragraph in the preceding calendar year.
The allocation shall be in an amount equal to the average
monthly distribution made to each such county under the
preceding paragraph during the preceding calendar year
(excluding the 2 months of highest receipts). The distribution
made in March of each year subsequent to the year in which an
allocation was made pursuant to this paragraph and the
preceding paragraph shall be reduced by the amount allocated
and disbursed under this paragraph in the preceding calendar
year. The Department shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
    For the purpose of determining the local governmental unit
whose tax is applicable, a retail sale by a producer of coal or
other mineral mined in Illinois is a sale at retail at the
place where the coal or other mineral mined in Illinois is
extracted from the earth. This paragraph does not apply to coal
or other mineral when it is delivered or shipped by the seller
to the purchaser at a point outside Illinois so that the sale
is exempt under the United States Constitution as a sale in
interstate or foreign commerce.
    Nothing in this Section shall be construed to authorize a
county to impose a tax upon the privilege of engaging in any
business which under the Constitution of the United States may
not be made the subject of taxation by this State.
    An ordinance or resolution imposing or discontinuing a tax
hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of June, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of September next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder or effecting a change in the
rate thereof shall be adopted and a certified copy thereof
filed with the Department on or before the first day of July,
whereupon the Department shall proceed to administer and
enforce this Section as of the first day of October next
following such adoption and filing. Beginning January 1, 1993,
an ordinance or resolution imposing or discontinuing the tax
hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of October, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of January next following such adoption and filing.
Beginning April 1, 1998, an ordinance or resolution imposing or
discontinuing the tax hereunder or effecting a change in the
rate thereof shall either (i) be adopted and a certified copy
thereof filed with the Department on or before the first day of
April, whereupon the Department shall proceed to administer and
enforce this Section as of the first day of July next following
the adoption and filing; or (ii) be adopted and a certified
copy thereof filed with the Department on or before the first
day of October, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of
January next following the adoption and filing.
    When certifying the amount of a monthly disbursement to a
county under this Section, the Department shall increase or
decrease such amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
    This Section shall be known and may be cited as the Home
Rule County Retailers' Occupation Tax Law.
(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-1171, eff. 1-4-19; revised 1-9-19.)
 
    (55 ILCS 5/5-1006.5)
    Sec. 5-1006.5. Special County Retailers' Occupation Tax
For Public Safety, Public Facilities, Mental Health, Substance
Abuse, or Transportation.
    (a) The county board of any county may impose a tax upon
all persons engaged in the business of selling tangible
personal property, other than personal property titled or
registered with an agency of this State's government, at retail
in the county on the gross receipts from the sales made in the
course of business to provide revenue to be used exclusively
for public safety, public facility, mental health, substance
abuse, or transportation purposes in that county, if a
proposition for the tax has been submitted to the electors of
that county and approved by a majority of those voting on the
question. If imposed, this tax shall be imposed only in
one-quarter percent increments. By resolution, the county
board may order the proposition to be submitted at any
election. If the tax is imposed for transportation purposes for
expenditures for public highways or as authorized under the
Illinois Highway Code, the county board must publish notice of
the existence of its long-range highway transportation plan as
required or described in Section 5-301 of the Illinois Highway
Code and must make the plan publicly available prior to
approval of the ordinance or resolution imposing the tax. If
the tax is imposed for transportation purposes for expenditures
for passenger rail transportation, the county board must
publish notice of the existence of its long-range passenger
rail transportation plan and must make the plan publicly
available prior to approval of the ordinance or resolution
imposing the tax.
    If a tax is imposed for public facilities purposes, then
the name of the project may be included in the proposition at
the discretion of the county board as determined in the
enabling resolution. For example, the "XXX Nursing Home" or the
"YYY Museum".
    The county clerk shall certify the question to the proper
election authority, who shall submit the proposition at an
election in accordance with the general election law.
        (1) The proposition for public safety purposes shall be
    in substantially the following form:
        "To pay for public safety purposes, shall (name of
    county) be authorized to impose an increase on its share of
    local sales taxes by (insert rate)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail."
        The county board may also opt to establish a sunset
    provision at which time the additional sales tax would
    cease being collected, if not terminated earlier by a vote
    of the county board. If the county board votes to include a
    sunset provision, the proposition for public safety
    purposes shall be in substantially the following form:
        "To pay for public safety purposes, shall (name of
    county) be authorized to impose an increase on its share of
    local sales taxes by (insert rate) for a period not to
    exceed (insert number of years)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail. If imposed,
    the additional tax would cease being collected at the end
    of (insert number of years), if not terminated earlier by a
    vote of the county board."
        For the purposes of the paragraph, "public safety
    purposes" means crime prevention, detention, fire
    fighting, police, medical, ambulance, or other emergency
    services.
        Votes shall be recorded as "Yes" or "No".
        Beginning on the January 1 or July 1, whichever is
    first, that occurs not less than 30 days after May 31, 2015
    (the effective date of Public Act 99-4), Adams County may
    impose a public safety retailers' occupation tax and
    service occupation tax at the rate of 0.25%, as provided in
    the referendum approved by the voters on April 7, 2015,
    notwithstanding the omission of the additional information
    that is otherwise required to be printed on the ballot
    below the question pursuant to this item (1).
        (2) The proposition for transportation purposes shall
    be in substantially the following form:
        "To pay for improvements to roads and other
    transportation purposes, shall (name of county) be
    authorized to impose an increase on its share of local
    sales taxes by (insert rate)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail."
        The county board may also opt to establish a sunset
    provision at which time the additional sales tax would
    cease being collected, if not terminated earlier by a vote
    of the county board. If the county board votes to include a
    sunset provision, the proposition for transportation
    purposes shall be in substantially the following form:
        "To pay for road improvements and other transportation
    purposes, shall (name of county) be authorized to impose an
    increase on its share of local sales taxes by (insert rate)
    for a period not to exceed (insert number of years)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail. If imposed,
    the additional tax would cease being collected at the end
    of (insert number of years), if not terminated earlier by a
    vote of the county board."
        For the purposes of this paragraph, transportation
    purposes means construction, maintenance, operation, and
    improvement of public highways, any other purpose for which
    a county may expend funds under the Illinois Highway Code,
    and passenger rail transportation.
        The votes shall be recorded as "Yes" or "No".
        (3) The proposition for public facilities purposes
    shall be in substantially the following form:
        "To pay for public facilities purposes, shall (name of
    county) be authorized to impose an increase on its share of
    local sales taxes by (insert rate)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail."
        The county board may also opt to establish a sunset
    provision at which time the additional sales tax would
    cease being collected, if not terminated earlier by a vote
    of the county board. If the county board votes to include a
    sunset provision, the proposition for public facilities
    purposes shall be in substantially the following form:
        "To pay for public facilities purposes, shall (name of
    county) be authorized to impose an increase on its share of
    local sales taxes by (insert rate) for a period not to
    exceed (insert number of years)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail. If imposed,
    the additional tax would cease being collected at the end
    of (insert number of years), if not terminated earlier by a
    vote of the county board."
        For purposes of this Section, "public facilities
    purposes" means the acquisition, development,
    construction, reconstruction, rehabilitation, improvement,
    financing, architectural planning, and installation of
    capital facilities consisting of buildings, structures,
    and durable equipment and for the acquisition and
    improvement of real property and interest in real property
    required, or expected to be required, in connection with
    the public facilities, for use by the county for the
    furnishing of governmental services to its citizens,
    including but not limited to museums and nursing homes.
        The votes shall be recorded as "Yes" or "No".
        (4) The proposition for mental health purposes shall be
    in substantially the following form:
        "To pay for mental health purposes, shall (name of
    county) be authorized to impose an increase on its share of
    local sales taxes by (insert rate)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail."
        The county board may also opt to establish a sunset
    provision at which time the additional sales tax would
    cease being collected, if not terminated earlier by a vote
    of the county board. If the county board votes to include a
    sunset provision, the proposition for public facilities
    purposes shall be in substantially the following form:
        "To pay for mental health purposes, shall (name of
    county) be authorized to impose an increase on its share of
    local sales taxes by (insert rate) for a period not to
    exceed (insert number of years)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail. If imposed,
    the additional tax would cease being collected at the end
    of (insert number of years), if not terminated earlier by a
    vote of the county board."
        The votes shall be recorded as "Yes" or "No".
        (5) The proposition for substance abuse purposes shall
    be in substantially the following form:
        "To pay for substance abuse purposes, shall (name of
    county) be authorized to impose an increase on its share of
    local sales taxes by (insert rate)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail."
        The county board may also opt to establish a sunset
    provision at which time the additional sales tax would
    cease being collected, if not terminated earlier by a vote
    of the county board. If the county board votes to include a
    sunset provision, the proposition for public facilities
    purposes shall be in substantially the following form:
        "To pay for substance abuse purposes, shall (name of
    county) be authorized to impose an increase on its share of
    local sales taxes by (insert rate) for a period not to
    exceed (insert number of years)?"
        As additional information on the ballot below the
    question shall appear the following:
        "This would mean that a consumer would pay an
    additional (insert amount) in sales tax for every $100 of
    tangible personal property bought at retail. If imposed,
    the additional tax would cease being collected at the end
    of (insert number of years), if not terminated earlier by a
    vote of the county board."
        The votes shall be recorded as "Yes" or "No".
    If a majority of the electors voting on the proposition
vote in favor of it, the county may impose the tax. A county
may not submit more than one proposition authorized by this
Section to the electors at any one time.
    This additional tax may not be imposed on tangible personal
property taxed at the 1% rate under the Retailers' Occupation
Tax Act. The tax imposed by a county under this Section and all
civil penalties that may be assessed as an incident of the tax
shall be collected and enforced by the Illinois Department of
Revenue and deposited into a special fund created for that
purpose. The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act shall permit the retailer to engage in a business that is
taxable without registering separately with the Department
under an ordinance or resolution under this Section. The
Department has full power to administer and enforce this
Section, to collect all taxes and penalties due under this
Section, to dispose of taxes and penalties so collected in the
manner provided in this Section, and to determine all rights to
credit memoranda arising on account of the erroneous payment of
a tax or penalty under this Section. In the administration of
and compliance with this Section, the Department and persons
who are subject to this Section shall (i) have the same rights,
remedies, privileges, immunities, powers, and duties, (ii) be
subject to the same conditions, restrictions, limitations,
penalties, and definitions of terms, and (iii) employ the same
modes of procedure as are prescribed in Sections 1, 1a, 1a-1,
1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-70 (in respect to
all provisions contained in those Sections other than the State
rate of tax), 2a, 2b, 2c, 3 (except provisions relating to
transaction returns and quarter monthly payments), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
Tax Act and Section 3-7 of the Uniform Penalty and Interest Act
as if those provisions were set forth in this Section.
    Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
sellers' tax liability by separately stating the tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State tax which sellers are required
to collect under the Use Tax Act, pursuant to such bracketed
schedules as the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the County Public Safety, Public Facilities,
Mental Health, Substance Abuse, or Transportation Retailers'
Occupation Tax Fund.
    (b) If a tax has been imposed under subsection (a), a
service occupation tax shall also be imposed at the same rate
upon all persons engaged, in the county, in the business of
making sales of service, who, as an incident to making those
sales of service, transfer tangible personal property within
the county as an incident to a sale of service. This tax may
not be imposed on tangible personal property taxed at the 1%
rate under the Service Occupation Tax Act. The tax imposed
under this subsection and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced
by the Department of Revenue. The Department has full power to
administer and enforce this subsection; to collect all taxes
and penalties due hereunder; to dispose of taxes and penalties
so collected in the manner hereinafter provided; and to
determine all rights to credit memoranda arising on account of
the erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this subsection, the
Department and persons who are subject to this paragraph shall
(i) have the same rights, remedies, privileges, immunities,
powers, and duties, (ii) be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms, and (iii) employ the same modes of
procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a
place of business in this State shall mean the county), 2a, 2b,
2c, 3 through 3-50 (in respect to all provisions therein other
than the State rate of tax), 4 (except that the reference to
the State shall be to the county), 5, 7, 8 (except that the
jurisdiction to which the tax shall be a debt to the extent
indicated in that Section 8 shall be the county), 9 (except as
to the disposition of taxes and penalties collected), 10, 11,
12 (except the reference therein to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference
to the State shall mean the county), Section 15, 16, 17, 18, 19
and 20 of the Service Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
    Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
serviceman's tax liability by separately stating the tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State tax that servicemen are
authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may
prescribe.
    Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the County Public Safety, Public Facilities,
Mental Health, Substance Abuse, or Transportation Retailers'
Occupation Fund.
    Nothing in this subsection shall be construed to authorize
the county to impose a tax upon the privilege of engaging in
any business which under the Constitution of the United States
may not be made the subject of taxation by the State.
    (c) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this Section to be deposited into the County
Public Safety, Public Facilities, Mental Health, Substance
Abuse, or Transportation Retailers' Occupation Tax Fund, which
shall be an unappropriated trust fund held outside of the State
treasury.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the counties from which
retailers have paid taxes or penalties to the Department during
the second preceding calendar month. The amount to be paid to
each county, and deposited by the county into its special fund
created for the purposes of this Section, shall be the amount
(not including credit memoranda) collected under this Section
during the second preceding calendar month by the Department
plus an amount the Department determines is necessary to offset
any amounts that were erroneously paid to a different taxing
body, and not including (i) an amount equal to the amount of
refunds made during the second preceding calendar month by the
Department on behalf of the county, (ii) any amount that the
Department determines is necessary to offset any amounts that
were payable to a different taxing body but were erroneously
paid to the county, (iii) any amounts that are transferred to
the STAR Bonds Revenue Fund, and (iv) 1.5% of the remainder,
which shall be transferred into the Tax Compliance and
Administration Fund. The Department, at the time of each
monthly disbursement to the counties, shall prepare and certify
to the State Comptroller the amount to be transferred into the
Tax Compliance and Administration Fund under this subsection.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the counties and the Tax
Compliance and Administration Fund provided for in this Section
to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with directions contained in
the certification.
    In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in March of each year to
each county that received more than $500,000 in disbursements
under the preceding paragraph in the preceding calendar year.
The allocation shall be in an amount equal to the average
monthly distribution made to each such county under the
preceding paragraph during the preceding calendar year
(excluding the 2 months of highest receipts). The distribution
made in March of each year subsequent to the year in which an
allocation was made pursuant to this paragraph and the
preceding paragraph shall be reduced by the amount allocated
and disbursed under this paragraph in the preceding calendar
year. The Department shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
    A county may direct, by ordinance, that all or a portion of
the taxes and penalties collected under the Special County
Retailers' Occupation Tax For Public Safety, Public
Facilities, Mental Health, Substance Abuse, or Transportation
be deposited into the Transportation Development Partnership
Trust Fund.
    (d) For the purpose of determining the local governmental
unit whose tax is applicable, a retail sale by a producer of
coal or another mineral mined in Illinois is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or another mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the United States Constitution as a sale
in interstate or foreign commerce.
    (e) Nothing in this Section shall be construed to authorize
a county to impose a tax upon the privilege of engaging in any
business that under the Constitution of the United States may
not be made the subject of taxation by this State.
    (e-5) If a county imposes a tax under this Section, the
county board may, by ordinance, discontinue or lower the rate
of the tax. If the county board lowers the tax rate or
discontinues the tax, a referendum must be held in accordance
with subsection (a) of this Section in order to increase the
rate of the tax or to reimpose the discontinued tax.
    (f) Beginning April 1, 1998 and through December 31, 2013,
the results of any election authorizing a proposition to impose
a tax under this Section or effecting a change in the rate of
tax, or any ordinance lowering the rate or discontinuing the
tax, shall be certified by the county clerk and filed with the
Illinois Department of Revenue either (i) on or before the
first day of April, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of July next
following the filing; or (ii) on or before the first day of
October, whereupon the Department shall proceed to administer
and enforce the tax as of the first day of January next
following the filing.
    Beginning January 1, 2014, the results of any election
authorizing a proposition to impose a tax under this Section or
effecting an increase in the rate of tax, along with the
ordinance adopted to impose the tax or increase the rate of the
tax, or any ordinance adopted to lower the rate or discontinue
the tax, shall be certified by the county clerk and filed with
the Illinois Department of Revenue either (i) on or before the
first day of May, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of July next
following the adoption and filing; or (ii) on or before the
first day of October, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of January
next following the adoption and filing.
    (g) When certifying the amount of a monthly disbursement to
a county under this Section, the Department shall increase or
decrease the amounts by an amount necessary to offset any
miscalculation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a miscalculation is discovered.
    (h) This Section may be cited as the "Special County
Occupation Tax For Public Safety, Public Facilities, Mental
Health, Substance Abuse, or Transportation Law".
    (i) For purposes of this Section, "public safety" includes,
but is not limited to, crime prevention, detention, fire
fighting, police, medical, ambulance, or other emergency
services. The county may share tax proceeds received under this
Section for public safety purposes, including proceeds
received before August 4, 2009 (the effective date of Public
Act 96-124), with any fire protection district located in the
county. For the purposes of this Section, "transportation"
includes, but is not limited to, the construction, maintenance,
operation, and improvement of public highways, any other
purpose for which a county may expend funds under the Illinois
Highway Code, and passenger rail transportation. For the
purposes of this Section, "public facilities purposes"
includes, but is not limited to, the acquisition, development,
construction, reconstruction, rehabilitation, improvement,
financing, architectural planning, and installation of capital
facilities consisting of buildings, structures, and durable
equipment and for the acquisition and improvement of real
property and interest in real property required, or expected to
be required, in connection with the public facilities, for use
by the county for the furnishing of governmental services to
its citizens, including but not limited to museums and nursing
homes.
    (j) The Department may promulgate rules to implement Public
Act 95-1002 only to the extent necessary to apply the existing
rules for the Special County Retailers' Occupation Tax for
Public Safety to this new purpose for public facilities.
(Source: P.A. 99-4, eff. 5-31-15; 99-217, eff. 7-31-15; 99-642,
eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-1167, eff. 1-4-19; 100-1171, eff. 1-4-19; revised 1-9-19.)
 
    (55 ILCS 5/5-1007)  (from Ch. 34, par. 5-1007)
    Sec. 5-1007. Home Rule County Service Occupation Tax Law.
The corporate authorities of a home rule county may impose a
tax upon all persons engaged, in such county, in the business
of making sales of service at the same rate of tax imposed
pursuant to Section 5-1006 of the selling price of all tangible
personal property transferred by such servicemen either in the
form of tangible personal property or in the form of real
estate as an incident to a sale of service. If imposed, such
tax shall only be imposed in 1/4% increments. On and after
September 1, 1991, this additional tax may not be imposed on
tangible personal property taxed at the 1% rate under the
Service Occupation Tax Act. The tax imposed by a home rule
county pursuant to this Section and all civil penalties that
may be assessed as an incident thereof shall be collected and
enforced by the State Department of Revenue. The certificate of
registration which is issued by the Department to a retailer
under the Retailers' Occupation Tax Act or under the Service
Occupation Tax Act shall permit such registrant to engage in a
business which is taxable under any ordinance or resolution
enacted pursuant to this Section without registering
separately with the Department under such ordinance or
resolution or under this Section. The Department shall have
full power to administer and enforce this Section; to collect
all taxes and penalties due hereunder; to dispose of taxes and
penalties so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda arising on account
of the erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with, this Section the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties and definitions of terms,
and employ the same modes of procedure, as are prescribed in
Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
provisions therein other than the State rate of tax), 4 (except
that the reference to the State shall be to the taxing county),
5, 7, 8 (except that the jurisdiction to which the tax shall be
a debt to the extent indicated in that Section 8 shall be the
taxing county), 9 (except as to the disposition of taxes and
penalties collected, and except that the returned merchandise
credit for this county tax may not be taken against any State
tax), 10, 11, 12 (except the reference therein to Section 2b of
the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the taxing county), the first
paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of the Uniform Penalty and
Interest Act, as fully as if those provisions were set forth
herein.
    No tax may be imposed by a home rule county pursuant to
this Section unless such county also imposes a tax at the same
rate pursuant to Section 5-1006.
    Persons subject to any tax imposed pursuant to the
authority granted in this Section may reimburse themselves for
their serviceman's tax liability hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single amount, with State tax which
servicemen are authorized to collect under the Service Use Tax
Act, pursuant to such bracket schedules as the Department may
prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing credit
memorandum, the Department shall notify the State Comptroller,
who shall cause the order to be drawn for the amount specified,
and to the person named, in such notification from the
Department. Such refund shall be paid by the State Treasurer
out of the home rule county retailers' occupation tax fund.
    The Department shall forthwith pay over to the State
Treasurer, ex officio ex-officio, as trustee, all taxes and
penalties collected hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named counties, the
counties to be those from which suppliers and servicemen have
paid taxes or penalties hereunder to the Department during the
second preceding calendar month. The amount to be paid to each
county shall be the amount (not including credit memoranda)
collected hereunder during the second preceding calendar month
by the Department, and not including an amount equal to the
amount of refunds made during the second preceding calendar
month by the Department on behalf of such county, and not
including any amounts that are transferred to the STAR Bonds
Revenue Fund, less 1.5% of the remainder, which the Department
shall transfer into the Tax Compliance and Administration Fund.
The Department, at the time of each monthly disbursement to the
counties, shall prepare and certify to the State Comptroller
the amount to be transferred into the Tax Compliance and
Administration Fund under this Section. Within 10 days after
receipt, by the Comptroller, of the disbursement certification
to the counties and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by
the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in such certification.
    In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in each year to each
county which received more than $500,000 in disbursements under
the preceding paragraph in the preceding calendar year. The
allocation shall be in an amount equal to the average monthly
distribution made to each such county under the preceding
paragraph during the preceding calendar year (excluding the 2
months of highest receipts). The distribution made in March of
each year subsequent to the year in which an allocation was
made pursuant to this paragraph and the preceding paragraph
shall be reduced by the amount allocated and disbursed under
this paragraph in the preceding calendar year. The Department
shall prepare and certify to the Comptroller for disbursement
the allocations made in accordance with this paragraph.
    Nothing in this Section shall be construed to authorize a
county to impose a tax upon the privilege of engaging in any
business which under the Constitution of the United States may
not be made the subject of taxation by this State.
    An ordinance or resolution imposing or discontinuing a tax
hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of June, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of September next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder or effecting a change in the
rate thereof shall be adopted and a certified copy thereof
filed with the Department on or before the first day of July,
whereupon the Department shall proceed to administer and
enforce this Section as of the first day of October next
following such adoption and filing. Beginning January 1, 1993,
an ordinance or resolution imposing or discontinuing the tax
hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of October, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of January next following such adoption and filing.
Beginning April 1, 1998, an ordinance or resolution imposing or
discontinuing the tax hereunder or effecting a change in the
rate thereof shall either (i) be adopted and a certified copy
thereof filed with the Department on or before the first day of
April, whereupon the Department shall proceed to administer and
enforce this Section as of the first day of July next following
the adoption and filing; or (ii) be adopted and a certified
copy thereof filed with the Department on or before the first
day of October, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of
January next following the adoption and filing.
    This Section shall be known and may be cited as the Home
Rule County Service Occupation Tax Law.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-1171, eff. 1-4-19; revised 1-9-19.)
 
    (55 ILCS 5/5-1069.3)
    Sec. 5-1069.3. Required health benefits. If a county,
including a home rule county, is a self-insurer for purposes of
providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.22, 356z.25, and 356z.26, and 356z.29,
and 356z.32 of the Illinois Insurance Code. The coverage shall
comply with Sections 155.22a, 355b, 356z.19, and 370c of the
Illinois Insurance Code. The Department of Insurance shall
enforce the requirements of this Section. The requirement that
health benefits be covered as provided in this Section is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule county to which this Section
applies must comply with every provision of this Section.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
10-3-18.)
 
    (55 ILCS 5/5-30004)  (from Ch. 34, par. 5-30004)
    Sec. 5-30004. Authority to protect and preserve landmarks
and preservation districts. The county board of each county
shall have the following authority:
        (1) to establish and appoint by ordinance a
    preservation study committee and to take any reasonable
    temporary actions to protect potential landmarks and
    preservation districts during the term of an appointed
    preservation study committee;
        (2) to establish and appoint by ordinance a
    preservation commission upon recommendation of a
    preservation study committee;
        (3) to conduct an ongoing survey of the county to
    identify buildings, structures, areas, sites and
    landscapes that are of historic, archaeological,
    architectural, or scenic significance, and therefore
    potential landmarks or preservation districts;
        (4) to designate by ordinance landmarks and
    preservation districts upon the recommendation of a
    preservation commission and to establish a system of
    markers, plaques or certificates for designated landmarks
    and preservation districts;
        (5) to prepare maps showing the location of landmarks
    and preservation districts, publish educational
    information, and prepare educational programs concerning
    landmarks and preservation districts and their designation
    and protection;
        (6) to exercise any of the powers and authority in
    relation to regional planning and zoning granted counties
    by Divisions 5-12 and 5-14, for the purpose of protecting,
    preserving, and continuing the use of landmarks and
    preservation districts;
        (7) to nominate landmarks and historic districts to any
    state or federal registers of historic places;
        (8) to appropriate and expend funds to carry out the
    purposes of this Division;
        (9) to review applications for construction,
    alteration, removal or demolition affecting landmarks or
    property within preservation districts;
        (10) to acquire by negotiated purchase any interest
    including conservation rights in landmarks or in property
    within preservation districts, or property immediately
    adjacent to or surrounding landmarks or preservation
    districts;
        (11) to apply for and accept any gift, grant or bequest
    from any private or public source, including agencies of
    the federal or State government, for any purpose authorized
    by this Division;
        (12) to establish a system for the transfer of
    development rights including, as appropriate, a mechanism
    for the deposit of development rights in a development
    rights bank, and for the transfer of development rights
    from that development rights bank in the same manner as
    authorized for municipalities by Section 11-48.2-2 of the
    Illinois Municipal Code. All receipts arising from the
    transfer shall be deposited in a special county account to
    be applied against expenditures necessitated by the county
    program for the designation and protection of landmarks and
    preservation districts. Any development rights acquired,
    sold or transferred from a development rights bank, shall
    not be a "security" as that term is defined in Section 2.1
    of the Illinois Securities Law of 1953, and shall be exempt
    from all requirements for the registration of securities.
        (13) to establish a loan or grant program from any
    source of funds for designated landmarks and preservation
    districts and to issue interest bearing revenue bonds or
    general obligation bonds pursuant to ordinance enacted by
    the county board, after compliance with requirements for
    referendum, payable from the revenues to be derived from
    the operation of any landmark or of any property within a
    preservation district;
        (14) to abate real property taxes on any landmark or
    property within a preservation district to encourage its
    preservation and continued use or to provide relief for
    owners unduly burdened by designation;
        (15) to advise and assist owners of landmarks and
    property within preservation districts on physical and
    financial aspects of preservation, renovation,
    rehabilitation, and reuse;
        (16) to advise cities, villages, or incorporated
    towns, upon request of the appropriate official of the
    municipality, concerning enactment of ordinances to
    protect landmarks or preservation districts;
        (17) to exercise within the boundaries of any city,
    village, or incorporated town any of the powers and
    authority granted counties by this Division so long as the
    corporate authorities by ordinance or by intergovernmental
    agreement pursuant to the Intergovernmental Cooperation
    Act, or pursuant to Article VII 7, Section 10 of the
    Constitution of the State of Illinois have authorized the
    county preservation commission established by authority of
    this Division to designate landmarks or preservation
    districts within its corporate boundaries, and such county
    preservation commission shall have only those powers,
    duties, and legal authority provided in this Division;
        (18) to exercise any of the above powers to preserve
    and protect property owned by any unit of local government
    including counties, or to review alteration, construction,
    demolition, or removal undertaken by any unit of local
    government including counties that affect landmarks and
    preservation districts.
        (19) to exercise any other power or authority necessary
    or appropriate to carrying out the purposes of this
    Division, including those powers and authorities listed in
    Sections 5-30010 and 5-30011.
(Source: P.A. 90-655, eff. 7-30-98; revised 9-28-18.)
 
    Section 335. The Children's Advocacy Center Act is amended
by changing Section 2.5 as follows:
 
    (55 ILCS 80/2.5)
    Sec. 2.5. Definitions. As used in this Section:
    "Accreditation" means the process in which certification
of competency, authority, or credibility is presented by
standards set by the National Children's Alliance to ensure
effective, efficient and consistent delivery of services by a
CAC.
    "Child maltreatment" includes any act or occurrence, as
defined in Section 5 of the Criminal Code of 2012, under the
Children and Family Services Act or the Juvenile Court Act of
1987 involving either a child victim or child witness.
    "Children's Advocacy Center" or "CAC" is a child-focused,
trauma-informed, facility-based program in which
representatives from law enforcement, child protection,
prosecution, mental health, forensic interviewing, medical,
and victim advocacy disciplines collaborate to interview
children, meet with a child's parent or parents, caregivers,
and family members, and make team decisions about the
investigation, prosecution, safety, treatment, and support
services for child maltreatment cases.
    "Children's Advocacy Centers of Illinois" or "CACI" is a
state chapter of the National Children's Alliance ("NCA") and
organizing entity for Children's Advocacy Centers in the State
of Illinois. It defines membership and engages member CACs in
the NCA accreditation process and collecting and sharing of
data, and provides training, leadership, and technical
assistance to existing and emerging CACs in the State.
    "Forensic interview" means an interview between a trained
forensic interviewer, as defined by NCA standards, and a child
in which the interviewer obtains information from children in
an unbiased and fact finding manner that is developmentally
appropriate and culturally sensitive to support accurate and
fair decision making by the multidisciplinary team in the
criminal justice and child protection systems. Whenever
practical, all parties involved in investigating reports of
child maltreatment shall observe the interview, which shall be
digitally recorded.
    "Multidisciplinary team" or "MDT" means a group of
professionals working collaboratively under a written
protocol, who represent various disciplines from the point of a
report of child maltreatment to assure the most effective
coordinated response possible for every child. Employees from
each participating entity shall be included on the MDT. A CAC's
MDT must include professionals involved in the coordination,
investigation, and prosecution of child abuse cases, including
the CAC's staff, participating law enforcement agencies, the
county state's attorney, and the Illinois Department of
Children and Family Services, and must include professionals
involved in the delivery of services to victims of child
maltreatment and non-offending parent or parents, caregiver,
and their families.
    "National Children's Alliance" or "NCA" means the
professional membership organization dedicated to helping
local communities respond to allegations of child abuse in an
effective and efficient manner. NCA provides training,
support, technical assistance and leadership on a national
level to state and local CACs and communities responding to
reports of child maltreatment. NCA is the national organization
that provides the standards for CAC accreditation.
    "Protocol" means a written methodology defining the
responsibilities of each of the MDT members in the
investigation and prosecution of child maltreatment within a
defined jurisdiction. Written protocols are signed documents
and are reviewed and/or updated annually, at a minimum, by a
CAC's Advisory Board.
(Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.)
 
    Section 340. The Township Code is amended by renumbering
Section 7-27 as follows:
 
    (60 ILCS 1/70-27)
    Sec. 70-27 7-27. Attestation to funds endorsed by the
supervisor. If a township supervisor issues a payout of funds
from the township treasury, the township clerk shall attest to
such payment.
(Source: P.A. 100-983, eff. 1-1-19; revised 1-15-19.)
 
    Section 345. The Illinois Municipal Code is amended by
changing Sections 8-11-1, 8-11-1.3, 8-11-1.4, 8-11-1.6,
8-11-1.7, 8-11-5, 10-2.1-4, 10-3-12, and 10-4-2.3 as follows:
 
    (65 ILCS 5/8-11-1)  (from Ch. 24, par. 8-11-1)
    Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax
Act. The corporate authorities of a home rule municipality may
impose a tax upon all persons engaged in the business of
selling tangible personal property, other than an item of
tangible personal property titled or registered with an agency
of this State's government, at retail in the municipality on
the gross receipts from these sales made in the course of such
business. If imposed, the tax shall only be imposed in 1/4%
increments. On and after September 1, 1991, this additional tax
may not be imposed on tangible personal property taxed at the
1% rate under the Retailers' Occupation Tax Act. The tax
imposed by a home rule municipality under this Section and all
civil penalties that may be assessed as an incident of the tax
shall be collected and enforced by the State Department of
Revenue. The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act shall permit the retailer to engage in a business that is
taxable under any ordinance or resolution enacted pursuant to
this Section without registering separately with the
Department under such ordinance or resolution or under this
Section. The Department shall have full power to administer and
enforce this Section; to collect all taxes and penalties due
hereunder; to dispose of taxes and penalties so collected in
the manner hereinafter provided; and to determine all rights to
credit memoranda arising on account of the erroneous payment of
tax or penalty hereunder. In the administration of, and
compliance with, this Section the Department and persons who
are subject to this Section shall have the same rights,
remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitations,
penalties and definitions of terms, and employ the same modes
of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f,
1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all
provisions therein other than the State rate of tax), 2c, 3
(except as to the disposition of taxes and penalties
collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act, as fully as if those provisions were
set forth herein.
    No tax may be imposed by a home rule municipality under
this Section unless the municipality also imposes a tax at the
same rate under Section 8-11-5 of this Act.
    Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating that tax
as an additional charge, which charge may be stated in
combination, in a single amount, with State tax which sellers
are required to collect under the Use Tax Act, pursuant to such
bracket schedules as the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the home rule municipal retailers' occupation
tax fund.
    The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities,
the municipalities to be those from which retailers have paid
taxes or penalties hereunder to the Department during the
second preceding calendar month. The amount to be paid to each
municipality shall be the amount (not including credit
memoranda) collected hereunder during the second preceding
calendar month by the Department plus an amount the Department
determines is necessary to offset any amounts that were
erroneously paid to a different taxing body, and not including
an amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of such
municipality, and not including any amount that the Department
determines is necessary to offset any amounts that were payable
to a different taxing body but were erroneously paid to the
municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund, less 1.5% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the municipalities, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this Section. Within 10 days after receipt by the
Comptroller of the disbursement certification to the
municipalities and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by
the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in the certification.
    In addition to the disbursement required by the preceding
paragraph and in order to mitigate delays caused by
distribution procedures, an allocation shall, if requested, be
made within 10 days after January 14, 1991, and in November of
1991 and each year thereafter, to each municipality that
received more than $500,000 during the preceding fiscal year,
(July 1 through June 30) whether collected by the municipality
or disbursed by the Department as required by this Section.
Within 10 days after January 14, 1991, participating
municipalities shall notify the Department in writing of their
intent to participate. In addition, for the initial
distribution, participating municipalities shall certify to
the Department the amounts collected by the municipality for
each month under its home rule occupation and service
occupation tax during the period July 1, 1989 through June 30,
1990. The allocation within 10 days after January 14, 1991,
shall be in an amount equal to the monthly average of these
amounts, excluding the 2 months of highest receipts. The
monthly average for the period of July 1, 1990 through June 30,
1991 will be determined as follows: the amounts collected by
the municipality under its home rule occupation and service
occupation tax during the period of July 1, 1990 through
September 30, 1990, plus amounts collected by the Department
and paid to such municipality through June 30, 1991, excluding
the 2 months of highest receipts. The monthly average for each
subsequent period of July 1 through June 30 shall be an amount
equal to the monthly distribution made to each such
municipality under the preceding paragraph during this period,
excluding the 2 months of highest receipts. The distribution
made in November 1991 and each year thereafter under this
paragraph and the preceding paragraph shall be reduced by the
amount allocated and disbursed under this paragraph in the
preceding period of July 1 through June 30. The Department
shall prepare and certify to the Comptroller for disbursement
the allocations made in accordance with this paragraph.
    For the purpose of determining the local governmental unit
whose tax is applicable, a retail sale by a producer of coal or
other mineral mined in Illinois is a sale at retail at the
place where the coal or other mineral mined in Illinois is
extracted from the earth. This paragraph does not apply to coal
or other mineral when it is delivered or shipped by the seller
to the purchaser at a point outside Illinois so that the sale
is exempt under the United States Constitution as a sale in
interstate or foreign commerce.
    Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the Constitution of the United States
may not be made the subject of taxation by this State.
    An ordinance or resolution imposing or discontinuing a tax
hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of June, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of September next following the adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder or effecting a change in the
rate thereof shall be adopted and a certified copy thereof
filed with the Department on or before the first day of July,
whereupon the Department shall proceed to administer and
enforce this Section as of the first day of October next
following such adoption and filing. Beginning January 1, 1993,
an ordinance or resolution imposing or discontinuing the tax
hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of October, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of January next following the adoption and filing.
However, a municipality located in a county with a population
in excess of 3,000,000 that elected to become a home rule unit
at the general primary election in 1994 may adopt an ordinance
or resolution imposing the tax under this Section and file a
certified copy of the ordinance or resolution with the
Department on or before July 1, 1994. The Department shall then
proceed to administer and enforce this Section as of October 1,
1994. Beginning April 1, 1998, an ordinance or resolution
imposing or discontinuing the tax hereunder or effecting a
change in the rate thereof shall either (i) be adopted and a
certified copy thereof filed with the Department on or before
the first day of April, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
July next following the adoption and filing; or (ii) be adopted
and a certified copy thereof filed with the Department on or
before the first day of October, whereupon the Department shall
proceed to administer and enforce this Section as of the first
day of January next following the adoption and filing.
    When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase
or decrease the amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
    Any unobligated balance remaining in the Municipal
Retailers' Occupation Tax Fund on December 31, 1989, which fund
was abolished by Public Act 85-1135, and all receipts of
municipal tax as a result of audits of liability periods prior
to January 1, 1990, shall be paid into the Local Government Tax
Fund for distribution as provided by this Section prior to the
enactment of Public Act 85-1135. All receipts of municipal tax
as a result of an assessment not arising from an audit, for
liability periods prior to January 1, 1990, shall be paid into
the Local Government Tax Fund for distribution before July 1,
1990, as provided by this Section prior to the enactment of
Public Act 85-1135; and on and after July 1, 1990, all such
receipts shall be distributed as provided in Section 6z-18 of
the State Finance Act.
    As used in this Section, "municipal" and "municipality"
means a city, village or incorporated town, including an
incorporated town that has superseded a civil township.
    This Section shall be known and may be cited as the Home
Rule Municipal Retailers' Occupation Tax Act.
(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-1171, eff. 1-4-19; revised 1-9-19.)
 
    (65 ILCS 5/8-11-1.3)  (from Ch. 24, par. 8-11-1.3)
    Sec. 8-11-1.3. Non-Home Rule Municipal Retailers'
Occupation Tax Act. The corporate authorities of a non-home
rule municipality may impose a tax upon all persons engaged in
the business of selling tangible personal property, other than
on an item of tangible personal property which is titled and
registered by an agency of this State's Government, at retail
in the municipality for expenditure on public infrastructure or
for property tax relief or both as defined in Section 8-11-1.2
if approved by referendum as provided in Section 8-11-1.1, of
the gross receipts from such sales made in the course of such
business. If the tax is approved by referendum on or after July
14, 2010 (the effective date of Public Act 96-1057), the
corporate authorities of a non-home rule municipality may,
until December 31, 2020, use the proceeds of the tax for
expenditure on municipal operations, in addition to or in lieu
of any expenditure on public infrastructure or for property tax
relief. The tax imposed may not be more than 1% and may be
imposed only in 1/4% increments. The tax may not be imposed on
tangible personal property taxed at the 1% rate under the
Retailers' Occupation Tax Act. The tax imposed by a
municipality pursuant to this Section and all civil penalties
that may be assessed as an incident thereof shall be collected
and enforced by the State Department of Revenue. The
certificate of registration which is issued by the Department
to a retailer under the Retailers' Occupation Tax Act shall
permit such retailer to engage in a business which is taxable
under any ordinance or resolution enacted pursuant to this
Section without registering separately with the Department
under such ordinance or resolution or under this Section. The
Department shall have full power to administer and enforce this
Section; to collect all taxes and penalties due hereunder; to
dispose of taxes and penalties so collected in the manner
hereinafter provided, and to determine all rights to credit
memoranda, arising on account of the erroneous payment of tax
or penalty hereunder. In the administration of, and compliance
with, this Section, the Department and persons who are subject
to this Section shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j,
2 through 2-65 (in respect to all provisions therein other than
the State rate of tax), 2c, 3 (except as to the disposition of
taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12
and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act as fully as if those
provisions were set forth herein.
    No municipality may impose a tax under this Section unless
the municipality also imposes a tax at the same rate under
Section 8-11-1.4 of this Code.
    Persons subject to any tax imposed pursuant to the
authority granted in this Section may reimburse themselves for
their seller's tax liability hereunder by separately stating
such tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax which sellers
are required to collect under the Use Tax Act, pursuant to such
bracket schedules as the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State
Treasurer out of the non-home rule municipal retailers'
occupation tax fund.
    The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities,
the municipalities to be those from which retailers have paid
taxes or penalties hereunder to the Department during the
second preceding calendar month. The amount to be paid to each
municipality shall be the amount (not including credit
memoranda) collected hereunder during the second preceding
calendar month by the Department plus an amount the Department
determines is necessary to offset any amounts which were
erroneously paid to a different taxing body, and not including
an amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of such
municipality, and not including any amount which the Department
determines is necessary to offset any amounts which were
payable to a different taxing body but were erroneously paid to
the municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund, less 1.5% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the municipalities, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this Section. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the
municipalities and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by
the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in such certification.
    For the purpose of determining the local governmental unit
whose tax is applicable, a retail sale, by a producer of coal
or other mineral mined in Illinois, is a sale at retail at the
place where the coal or other mineral mined in Illinois is
extracted from the earth. This paragraph does not apply to coal
or other mineral when it is delivered or shipped by the seller
to the purchaser at a point outside Illinois so that the sale
is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
    Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
    When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase
or decrease such amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
    The Department of Revenue shall implement Public Act 91-649
this amendatory Act of the 91st General Assembly so as to
collect the tax on and after January 1, 2002.
    As used in this Section, "municipal" and "municipality"
means a city, village or incorporated town, including an
incorporated town which has superseded a civil township.
    This Section shall be known and may be cited as the
"Non-Home Rule Municipal Retailers' Occupation Tax Act".
(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-1171, eff. 1-4-19; revised 1-9-19.)
 
    (65 ILCS 5/8-11-1.4)  (from Ch. 24, par. 8-11-1.4)
    Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation
Tax Act. The corporate authorities of a non-home rule
municipality may impose a tax upon all persons engaged, in such
municipality, in the business of making sales of service for
expenditure on public infrastructure or for property tax relief
or both as defined in Section 8-11-1.2 if approved by
referendum as provided in Section 8-11-1.1, of the selling
price of all tangible personal property transferred by such
servicemen either in the form of tangible personal property or
in the form of real estate as an incident to a sale of service.
If the tax is approved by referendum on or after July 14, 2010
(the effective date of Public Act 96-1057), the corporate
authorities of a non-home rule municipality may, until December
31, 2020, use the proceeds of the tax for expenditure on
municipal operations, in addition to or in lieu of any
expenditure on public infrastructure or for property tax
relief. The tax imposed may not be more than 1% and may be
imposed only in 1/4% increments. The tax may not be imposed on
tangible personal property taxed at the 1% rate under the
Service Occupation Tax Act. The tax imposed by a municipality
pursuant to this Section and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced
by the State Department of Revenue. The certificate of
registration which is issued by the Department to a retailer
under the Retailers' Occupation Tax Act or under the Service
Occupation Tax Act shall permit such registrant to engage in a
business which is taxable under any ordinance or resolution
enacted pursuant to this Section without registering
separately with the Department under such ordinance or
resolution or under this Section. The Department shall have
full power to administer and enforce this Section; to collect
all taxes and penalties due hereunder; to dispose of taxes and
penalties so collected in the manner hereinafter provided, and
to determine all rights to credit memoranda arising on account
of the erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with, this Section the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties and definitions of terms,
and employ the same modes of procedure, as are prescribed in
Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
provisions therein other than the State rate of tax), 4 (except
that the reference to the State shall be to the taxing
municipality), 5, 7, 8 (except that the jurisdiction to which
the tax shall be a debt to the extent indicated in that Section
8 shall be the taxing municipality), 9 (except as to the
disposition of taxes and penalties collected, and except that
the returned merchandise credit for this municipal tax may not
be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean
the taxing municipality), the first paragraph of Section 15,
16, 17, 18, 19 and 20 of the Service Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
    No municipality may impose a tax under this Section unless
the municipality also imposes a tax at the same rate under
Section 8-11-1.3 of this Code.
    Persons subject to any tax imposed pursuant to the
authority granted in this Section may reimburse themselves for
their serviceman's tax liability hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single amount, with State tax which
servicemen are authorized to collect under the Service Use Tax
Act, pursuant to such bracket schedules as the Department may
prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing credit
memorandum, the Department shall notify the State Comptroller,
who shall cause the order to be drawn for the amount specified,
and to the person named, in such notification from the
Department. Such refund shall be paid by the State Treasurer
out of the municipal retailers' occupation tax fund.
    The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities,
the municipalities to be those from which suppliers and
servicemen have paid taxes or penalties hereunder to the
Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected hereunder during the
second preceding calendar month by the Department, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department on behalf
of such municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund, less 1.5% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the municipalities, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this Section. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the
municipalities, the General Revenue Fund, and the Tax
Compliance and Administration Fund provided for in this Section
to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained
in such certification.
    The Department of Revenue shall implement Public Act 91-649
this amendatory Act of the 91st General Assembly so as to
collect the tax on and after January 1, 2002.
    Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
    As used in this Section, "municipal" or "municipality"
means or refers to a city, village or incorporated town,
including an incorporated town which has superseded a civil
township.
    This Section shall be known and may be cited as the
"Non-Home Rule Municipal Service Occupation Tax Act".
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-1171, eff. 1-4-19; revised 1-9-19.)
 
    (65 ILCS 5/8-11-1.6)
    Sec. 8-11-1.6. Non-home rule municipal retailers'
occupation tax; municipalities between 20,000 and 25,000. The
corporate authorities of a non-home rule municipality with a
population of more than 20,000 but less than 25,000 that has,
prior to January 1, 1987, established a Redevelopment Project
Area that has been certified as a State Sales Tax Boundary and
has issued bonds or otherwise incurred indebtedness to pay for
costs in excess of $5,000,000, which is secured in part by a
tax increment allocation fund, in accordance with the
provisions of Division 11-74.4 of this Code may, by passage of
an ordinance, impose a tax upon all persons engaged in the
business of selling tangible personal property, other than on
an item of tangible personal property that is titled and
registered by an agency of this State's Government, at retail
in the municipality. This tax may not be imposed on tangible
personal property taxed at the 1% rate under the Retailers'
Occupation Tax Act. If imposed, the tax shall only be imposed
in .25% increments of the gross receipts from such sales made
in the course of business. Any tax imposed by a municipality
under this Section and all civil penalties that may be assessed
as an incident thereof shall be collected and enforced by the
State Department of Revenue. An ordinance imposing a tax
hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of October, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of January next following such adoption and filing.
The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act shall permit the retailer to engage in a business that is
taxable under any ordinance or resolution enacted under this
Section without registering separately with the Department
under the ordinance or resolution or under this Section. The
Department shall have full power to administer and enforce this
Section, to collect all taxes and penalties due hereunder, to
dispose of taxes and penalties so collected in the manner
hereinafter provided, and to determine all rights to credit
memoranda, arising on account of the erroneous payment of tax
or penalty hereunder. In the administration of, and compliance
with this Section, the Department and persons who are subject
to this Section shall have the same rights, remedies,
privileges, immunities, powers, and duties, and be subject to
the same conditions, restrictions, limitations, penalties, and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j,
2 through 2-65 (in respect to all provisions therein other than
the State rate of tax), 2c, 3 (except as to the disposition of
taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12
and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act as fully as if those
provisions were set forth herein.
    A tax may not be imposed by a municipality under this
Section unless the municipality also imposes a tax at the same
rate under Section 8-11-1.7 of this Act.
    Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination, in a single amount, with State tax which sellers
are required to collect under the Use Tax Act, pursuant to such
bracket schedules as the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant, instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Non-Home Rule Municipal Retailers'
Occupation Tax Fund, which is hereby created.
    The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities,
the municipalities to be those from which retailers have paid
taxes or penalties hereunder to the Department during the
second preceding calendar month. The amount to be paid to each
municipality shall be the amount (not including credit
memoranda) collected hereunder during the second preceding
calendar month by the Department plus an amount the Department
determines is necessary to offset any amounts that were
erroneously paid to a different taxing body, and not including
an amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of the
municipality, and not including any amount that the Department
determines is necessary to offset any amounts that were payable
to a different taxing body but were erroneously paid to the
municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund, less 1.5% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the municipalities, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this Section. Within 10 days after receipt by the
Comptroller of the disbursement certification to the
municipalities and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by
the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in the certification.
    For the purpose of determining the local governmental unit
whose tax is applicable, a retail sale by a producer of coal or
other mineral mined in Illinois is a sale at retail at the
place where the coal or other mineral mined in Illinois is
extracted from the earth. This paragraph does not apply to coal
or other mineral when it is delivered or shipped by the seller
to the purchaser at a point outside Illinois so that the sale
is exempt under the federal Constitution as a sale in
interstate or foreign commerce.
    Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
    When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase
or decrease the amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
    As used in this Section, "municipal" and "municipality"
means a city, village, or incorporated town, including an
incorporated town that has superseded a civil township.
(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 100-863, eff.
8-14-18; 100-1171, eff. 1-4-19; revised 1-9-19.)
 
    (65 ILCS 5/8-11-1.7)
    Sec. 8-11-1.7. Non-home rule municipal service occupation
tax; municipalities between 20,000 and 25,000. The corporate
authorities of a non-home rule municipality with a population
of more than 20,000 but less than 25,000 as determined by the
last preceding decennial census that has, prior to January 1,
1987, established a Redevelopment Project Area that has been
certified as a State Sales Tax Boundary and has issued bonds or
otherwise incurred indebtedness to pay for costs in excess of
$5,000,000, which is secured in part by a tax increment
allocation fund, in accordance with the provisions of Division
11-74.4 of this Code may, by passage of an ordinance, impose a
tax upon all persons engaged in the municipality in the
business of making sales of service. If imposed, the tax shall
only be imposed in .25% increments of the selling price of all
tangible personal property transferred by such servicemen
either in the form of tangible personal property or in the form
of real estate as an incident to a sale of service. This tax
may not be imposed on tangible personal property taxed at the
1% rate under the Service Occupation Tax Act. The tax imposed
by a municipality under this Section and all civil penalties
that may be assessed as an incident thereof shall be collected
and enforced by the State Department of Revenue. An ordinance
imposing a tax hereunder or effecting a change in the rate
thereof shall be adopted and a certified copy thereof filed
with the Department on or before the first day of October,
whereupon the Department shall proceed to administer and
enforce this Section as of the first day of January next
following such adoption and filing. The certificate of
registration that is issued by the Department to a retailer
under the Retailers' Occupation Tax Act or under the Service
Occupation Tax Act shall permit the registrant to engage in a
business that is taxable under any ordinance or resolution
enacted under this Section without registering separately with
the Department under the ordinance or resolution or under this
Section. The Department shall have full power to administer and
enforce this Section, to collect all taxes and penalties due
hereunder, to dispose of taxes and penalties so collected in a
manner hereinafter provided, and to determine all rights to
credit memoranda arising on account of the erroneous payment of
tax or penalty hereunder. In the administration of and
compliance with this Section, the Department and persons who
are subject to this Section shall have the same rights,
remedies, privileges, immunities, powers, and duties, and be
subject to the same conditions, restrictions, limitations,
penalties and definitions of terms, and employ the same modes
of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3
through 3-50 (in respect to all provisions therein other than
the State rate of tax), 4 (except that the reference to the
State shall be to the taxing municipality), 5, 7, 8 (except
that the jurisdiction to which the tax shall be a debt to the
extent indicated in that Section 8 shall be the taxing
municipality), 9 (except as to the disposition of taxes and
penalties collected, and except that the returned merchandise
credit for this municipal tax may not be taken against any
State tax), 10, 11, 12, (except the reference therein to
Section 2b of the Retailers' Occupation Tax Act), 13 (except
that any reference to the State shall mean the taxing
municipality), the first paragraph of Sections 15, 16, 17, 18,
19, and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
    A tax may not be imposed by a municipality under this
Section unless the municipality also imposes a tax at the same
rate under Section 8-11-1.6 of this Act.
    Person subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
servicemen's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that servicemen
are authorized to collect under the Service Use Tax Act, under
such bracket schedules as the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing credit
memorandum, the Department shall notify the State Comptroller,
who shall cause the order to be drawn for the amount specified,
and to the person named, in such notification from the
Department. The refund shall be paid by the State Treasurer out
of the Non-Home Rule Municipal Retailers' Occupation Tax Fund.
    The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities,
the municipalities to be those from which suppliers and
servicemen have paid taxes or penalties hereunder to the
Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected hereunder during the
second preceding calendar month by the Department, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department on behalf
of such municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund, less 1.5% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the municipalities, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this Section. Within 10 days after receipt by the
Comptroller of the disbursement certification to the
municipalities, the Tax Compliance and Administration Fund,
and the General Revenue Fund, provided for in this Section to
be given to the Comptroller by the Department, the Comptroller
shall cause the orders to be drawn for the respective amounts
in accordance with the directions contained in the
certification.
    When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase
or decrease the amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
    Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; revised 1-9-19.)
 
    (65 ILCS 5/8-11-5)  (from Ch. 24, par. 8-11-5)
    Sec. 8-11-5. Home Rule Municipal Service Occupation Tax
Act. The corporate authorities of a home rule municipality may
impose a tax upon all persons engaged, in such municipality, in
the business of making sales of service at the same rate of tax
imposed pursuant to Section 8-11-1, of the selling price of all
tangible personal property transferred by such servicemen
either in the form of tangible personal property or in the form
of real estate as an incident to a sale of service. If imposed,
such tax shall only be imposed in 1/4% increments. On and after
September 1, 1991, this additional tax may not be imposed on
tangible personal property taxed at the 1% rate under the
Retailers' Occupation Tax Act. The tax imposed by a home rule
municipality pursuant to this Section and all civil penalties
that may be assessed as an incident thereof shall be collected
and enforced by the State Department of Revenue. The
certificate of registration which is issued by the Department
to a retailer under the Retailers' Occupation Tax Act or under
the Service Occupation Tax Act shall permit such registrant to
engage in a business which is taxable under any ordinance or
resolution enacted pursuant to this Section without
registering separately with the Department under such
ordinance or resolution or under this Section. The Department
shall have full power to administer and enforce this Section;
to collect all taxes and penalties due hereunder; to dispose of
taxes and penalties so collected in the manner hereinafter
provided, and to determine all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty
hereunder. In the administration of, and compliance with, this
Section the Department and persons who are subject to this
Section shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
respect to all provisions therein other than the State rate of
tax), 4 (except that the reference to the State shall be to the
taxing municipality), 5, 7, 8 (except that the jurisdiction to
which the tax shall be a debt to the extent indicated in that
Section 8 shall be the taxing municipality), 9 (except as to
the disposition of taxes and penalties collected, and except
that the returned merchandise credit for this municipal tax may
not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean
the taxing municipality), the first paragraph of Section 15,
16, 17 (except that credit memoranda issued hereunder may not
be used to discharge any State tax liability), 18, 19 and 20 of
the Service Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act, as fully as if those provisions were
set forth herein.
    No tax may be imposed by a home rule municipality pursuant
to this Section unless such municipality also imposes a tax at
the same rate pursuant to Section 8-11-1 of this Act.
    Persons subject to any tax imposed pursuant to the
authority granted in this Section may reimburse themselves for
their serviceman's tax liability hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single amount, with State tax which
servicemen are authorized to collect under the Service Use Tax
Act, pursuant to such bracket schedules as the Department may
prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing credit
memorandum, the Department shall notify the State Comptroller,
who shall cause the order to be drawn for the amount specified,
and to the person named, in such notification from the
Department. Such refund shall be paid by the State Treasurer
out of the home rule municipal retailers' occupation tax fund.
    The Department shall forthwith pay over to the State
Treasurer, ex officio ex-officio, as trustee, all taxes and
penalties collected hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities,
the municipalities to be those from which suppliers and
servicemen have paid taxes or penalties hereunder to the
Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected hereunder during the
second preceding calendar month by the Department, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department on behalf
of such municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund, less 1.5% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the municipalities, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this Section. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the
municipalities and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by
the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in such certification.
    In addition to the disbursement required by the preceding
paragraph and in order to mitigate delays caused by
distribution procedures, an allocation shall, if requested, be
made within 10 days after January 14, 1991, and in November of
1991 and each year thereafter, to each municipality that
received more than $500,000 during the preceding fiscal year,
(July 1 through June 30) whether collected by the municipality
or disbursed by the Department as required by this Section.
Within 10 days after January 14, 1991, participating
municipalities shall notify the Department in writing of their
intent to participate. In addition, for the initial
distribution, participating municipalities shall certify to
the Department the amounts collected by the municipality for
each month under its home rule occupation and service
occupation tax during the period July 1, 1989 through June 30,
1990. The allocation within 10 days after January 14, 1991,
shall be in an amount equal to the monthly average of these
amounts, excluding the 2 months of highest receipts. Monthly
average for the period of July 1, 1990 through June 30, 1991
will be determined as follows: the amounts collected by the
municipality under its home rule occupation and service
occupation tax during the period of July 1, 1990 through
September 30, 1990, plus amounts collected by the Department
and paid to such municipality through June 30, 1991, excluding
the 2 months of highest receipts. The monthly average for each
subsequent period of July 1 through June 30 shall be an amount
equal to the monthly distribution made to each such
municipality under the preceding paragraph during this period,
excluding the 2 months of highest receipts. The distribution
made in November 1991 and each year thereafter under this
paragraph and the preceding paragraph shall be reduced by the
amount allocated and disbursed under this paragraph in the
preceding period of July 1 through June 30. The Department
shall prepare and certify to the Comptroller for disbursement
the allocations made in accordance with this paragraph.
    Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
    An ordinance or resolution imposing or discontinuing a tax
hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of June, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of September next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder or effecting a change in the
rate thereof shall be adopted and a certified copy thereof
filed with the Department on or before the first day of July,
whereupon the Department shall proceed to administer and
enforce this Section as of the first day of October next
following such adoption and filing. Beginning January 1, 1993,
an ordinance or resolution imposing or discontinuing the tax
hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of October, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of January next following such adoption and filing.
However, a municipality located in a county with a population
in excess of 3,000,000 that elected to become a home rule unit
at the general primary election in 1994 may adopt an ordinance
or resolution imposing the tax under this Section and file a
certified copy of the ordinance or resolution with the
Department on or before July 1, 1994. The Department shall then
proceed to administer and enforce this Section as of October 1,
1994. Beginning April 1, 1998, an ordinance or resolution
imposing or discontinuing the tax hereunder or effecting a
change in the rate thereof shall either (i) be adopted and a
certified copy thereof filed with the Department on or before
the first day of April, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
July next following the adoption and filing; or (ii) be adopted
and a certified copy thereof filed with the Department on or
before the first day of October, whereupon the Department shall
proceed to administer and enforce this Section as of the first
day of January next following the adoption and filing.
    Any unobligated balance remaining in the Municipal
Retailers' Occupation Tax Fund on December 31, 1989, which fund
was abolished by Public Act 85-1135, and all receipts of
municipal tax as a result of audits of liability periods prior
to January 1, 1990, shall be paid into the Local Government Tax
Fund, for distribution as provided by this Section prior to the
enactment of Public Act 85-1135. All receipts of municipal tax
as a result of an assessment not arising from an audit, for
liability periods prior to January 1, 1990, shall be paid into
the Local Government Tax Fund for distribution before July 1,
1990, as provided by this Section prior to the enactment of
Public Act 85-1135, and on and after July 1, 1990, all such
receipts shall be distributed as provided in Section 6z-18 of
the State Finance Act.
    As used in this Section, "municipal" and "municipality"
means a city, village or incorporated town, including an
incorporated town which has superseded a civil township.
    This Section shall be known and may be cited as the Home
Rule Municipal Service Occupation Tax Act.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-1171, eff. 1-4-19; revised 1-9-19.)
 
    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
    Sec. 10-2.1-4. Fire and police departments; appointment of
members; certificates of appointments. The board of fire and
police commissioners shall appoint all officers and members of
the fire and police departments of the municipality, including
the chief of police and the chief of the fire department,
unless the council or board of trustees shall by ordinance as
to them otherwise provide; except as otherwise provided in this
Section, and except that in any municipality which adopts or
has adopted this Division 2.1 and also adopts or has adopted
Article 5 of this Code, the chief of police and the chief of
the fire department shall be appointed by the municipal
manager, if it is provided by ordinance in such municipality
that such chiefs, or either of them, shall not be appointed by
the board of fire and police commissioners.
    If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by the
appointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not
become effective unless confirmed by a majority vote of the
corporate authorities.
    After January 1, 2019 August 25, 2017 (the effective date
of Public Act 100-1126 100-425) this amendatory Act of the
100th General Assembly, a person shall not be appointed as the
chief, the acting chief, the department head, or a position, by
whatever title, that is responsible for day-to-day operations
of a fire department for greater than 180 days unless he or she
possesses the following qualifications and certifications:
        (1) Office of the State Fire Marshal Basic Operations
    Firefighter Certification or Office of the State Fire
    Marshal Firefighter II Certification; Office of the State
    Fire Marshal Advanced Fire Officer Certification or Office
    of the State Fire Marshal Fire Officer II Certification;
    and an associate degree in fire science or a bachelor's
    degree from an accredited university or college;
        (2) a current certification from the International
    Fire Service Accreditation Congress or Pro Board Fire
    Service Professional Qualifications System that meets the
    National Fire Protection Association standard NFPA 1001,
    Standard for Fire Fighter Professional Qualifications,
    Level I job performance requirements; a current
    certification from the International Fire Service
    Accreditation Congress or Pro Board Fire Service
    Professional Qualifications System that meets the National
    Fire Protection Association standard NFPA 1021, Standard
    for Fire Officer Professional Qualifications, Fire Officer
    II job performance requirements; and an associate degree in
    fire science or a bachelor's degree from an accredited
    university or college;
        (3) qualifications that meet the National Fire
    Protection Association standard NFPA 1001, Standard for
    Fire Fighter Professional Qualifications, Level I job
    performance requirements; qualifications that meet the
    National Fire Protection Association standard NFPA 1021,
    Standard for Fire Officer Professional Qualifications,
    Fire Officer II job performance requirements; and an
    associate degree in fire science or a bachelor's degree
    from an accredited university or college; or
        (4) a minimum of 10 years' experience as a firefighter
    at the fire department in the jurisdiction making the
    appointment.
This paragraph applies to fire departments that employ
firefighters hired under the provisions of this Division. On
and after January 1, 2019 (the effective date of Public Act
100-1126) this amendatory Act of the 100th General Assembly, a
home rule municipality may not appoint a fire chief, an acting
chief, a department head, or a position, by whatever title,
that is responsible for day-to-day operations of a fire
department for greater than 180 days in a manner inconsistent
with this paragraph. This paragraph is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
    If a member of the department is appointed chief of police
or chief of the fire department prior to being eligible to
retire on pension, he shall be considered as on furlough from
the rank he held immediately prior to his appointment as chief.
If he resigns as chief or is discharged as chief prior to
attaining eligibility to retire on pension, he shall revert to
and be established in whatever rank he currently holds, except
for previously appointed positions, and thereafter be entitled
to all the benefits and emoluments of that rank, without regard
as to whether a vacancy then exists in that rank.
    All appointments to each department other than that of the
lowest rank, however, shall be from the rank next below that to
which the appointment is made except as otherwise provided in
this Section, and except that the chief of police and the chief
of the fire department may be appointed from among members of
the police and fire departments, respectively, regardless of
rank, unless the council or board of trustees shall have by
ordinance as to them otherwise provided. A chief of police or
the chief of the fire department, having been appointed from
among members of the police or fire department, respectively,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as chief of police or
chief of the fire department.
    The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality shall
be signed by the chairman and secretary respectively of the
board of fire and police commissioners of such municipality,
upon appointment of such officer or member of the fire and
police department of such municipality by action of the board
of fire and police commissioners. After being selected from the
register of eligibles to fill a vacancy in the affected
department, each appointee shall be presented with his or her
certificate of appointment on the day on which he or she is
sworn in as a classified member of the affected department.
Firefighters who were not issued a certificate of appointment
when originally appointed shall be provided with a certificate
within 10 days after making a written request to the
chairperson of the Board of Fire and Police Commissioners. In
any municipal fire department that employs full-time
firefighters and is subject to a collective bargaining
agreement, a person who has not qualified for regular
appointment under the provisions of this Division 2.1 shall not
be used as a temporary or permanent substitute for classified
members of a municipality's fire department or for regular
appointment as a classified member of a municipality's fire
department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Municipal fire departments
covered by the changes made by Public Act 95-490 that are using
non-certificated employees as substitutes immediately prior to
June 1, 2008 (the effective date of Public Act 95-490) may, by
mutual agreement with the certified bargaining agent, continue
the existing practice or a modified practice and that agreement
shall be considered a permissive subject of bargaining. A home
rule unit may not regulate the hiring of temporary or
substitute members of the municipality's fire department in a
manner that is inconsistent with this Section. This Section is
a limitation under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
    The term "policemen" as used in this Division does not
include auxiliary police officers except as provided for in
Section 10-2.1-6.
    Any full-time member of a regular fire or police department
of any municipality which comes under the provisions of this
Division or adopts this Division 2.1 or which has adopted any
of the prior Acts pertaining to fire and police commissioners,
is a city officer.
    Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-home rule municipality
of more than 130,000 inhabitants may, without the advice or
consent of the Board of Fire and Police Commissioners, appoint
up to 6 officers who shall be known as deputy chiefs or
assistant deputy chiefs, and whose rank shall be immediately
below that of Chief. The deputy or assistant deputy chiefs may
be appointed from any rank of sworn officers of that
municipality, but no person who is not such a sworn officer may
be so appointed. Such deputy chief or assistant deputy chief
shall have the authority to direct and issue orders to all
employees of the Department holding the rank of captain or any
lower rank. A deputy chief of police or assistant deputy chief
of police, having been appointed from any rank of sworn
officers of that municipality, shall be permitted, regardless
of rank, to take promotional exams and be promoted to a higher
classified rank than he currently holds, without having to
resign as deputy chief of police or assistant deputy chief of
police.
    Notwithstanding any other provision of this Section, a
non-home rule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the
chief of the police department. The ordinance shall provide for
no more than one deputy chief position if the police department
has fewer than 25 full-time police officers and for no more
than 2 deputy chief positions if the police department has 25
or more full-time police officers. The deputy chief position
shall be an exempt rank immediately below that of Chief. The
deputy chief may be appointed from any rank of sworn, full-time
officers of the municipality's police department, but must have
at least 5 years of full-time service as a police officer in
that department. A deputy chief shall serve at the discretion
of the Chief and, if removed from the position, shall revert to
the rank currently held, without regard as to whether a vacancy
exists in that rank. A deputy chief of police, having been
appointed from any rank of sworn full-time officers of that
municipality's police department, shall be permitted,
regardless of rank, to take promotional exams and be promoted
to a higher classified rank than he currently holds, without
having to resign as deputy chief of police.
    No municipality having a population less than 1,000,000
shall require that any firefighter appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in Public Act 86-990 is an exclusive power and function of the
State. Pursuant to subsection (h) of Section 6 of Article VII
of the Illinois Constitution, a home rule municipality having a
population less than 1,000,000 must comply with this limitation
on periods of probationary employment, which is a denial and
limitation of home rule powers. Notwithstanding anything to the
contrary in this Section, the probationary employment period
limitation may be extended for a firefighter who is required,
as a condition of employment, to be a licensed paramedic,
during which time the sole reason that a firefighter may be
discharged without a hearing is for failing to meet the
requirements for paramedic licensure.
    To the extent that this Section or any other Section in
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;
100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; revised
12-19-18.)
 
    (65 ILCS 5/10-3-12)  (from Ch. 24, par. 10-3-12)
    Sec. 10-3-12. (a) A fireman who is an elected state officer
of a statewide labor organization that is a representative of
municipal firemen in Illinois shall be granted leave by the
municipality, without loss of pay or benefits and without being
required to make up for lost time, for work hours devoted to
performing the fireman's responsibilities as an elected state
officer of the statewide labor organization; provided that the
elected officer has arranged for a fireman from the same
municipality who is qualified to perform the absent fireman's
duties to work for those hours. This Section shall not apply to
any municipality with a population of 1,000,000 or more.
    (b) The statewide labor organization shall, by May 1 of
each year:
        (1) designate 4 elected state officers, whose right to
    leave while carrying out their duties for the organization
    shall be limited to 20 shifts per officer per year (for
    years beginning May 1 and ending April 30); and
        (2) notify each municipality that is the employer of an
    elected state officer to whom this Section applies,
    identifying the elected state officer, and indicating
    whether the officer is one of those limited to 20 shifts
    per year.
    (c) The regulation of leave for a fireman who is employed
by a municipality with a population of less than 1,000,000 and
who is an elected state officer of a statewide labor
organization in Illinois, while he is performing the duties of
that office, is an exclusive power and function of the State.
Pursuant to subsection (h) of Section 6 of Article VII 7 of the
Illinois Constitution, a home rule municipality with a
population of less than 1,000,000 may not regulate the leave of
a fireman for work hours devoted to the fireman's
responsibilities as an elected state officer of a statewide
labor organization. This Section is a denial and limitation of
home rule powers.
    (d) For the purposes of this Section:
    "Statewide labor organization" means an organization
representing firefighters employed by at least 85
municipalities in this State, that is affiliated with the
Illinois State Federation of Labor.
    "Elected state officer" means a full-time firefighter who
is one of the 9 top elected officers of the statewide labor
organization.
(Source: P.A. 86-1395; revised 9-28-18.)
 
    (65 ILCS 5/10-4-2.3)
    Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include coverage
for the post-mastectomy care benefits required to be covered by
a policy of accident and health insurance under Section 356t
and the coverage required under Sections 356g, 356g.5,
356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25,
and 356z.26, and 356z.29, and 356z.32 of the Illinois Insurance
Code. The coverage shall comply with Sections 155.22a, 355b,
356z.19, and 370c of the Illinois Insurance Code. The
Department of Insurance shall enforce the requirements of this
Section. The requirement that health benefits be covered as
provided in this is an exclusive power and function of the
State and is a denial and limitation under Article VII, Section
6, subsection (h) of the Illinois Constitution. A home rule
municipality to which this Section applies must comply with
every provision of this Section.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
10-4-18.)
 
    Section 350. The Airport Authorities Act is amended by
changing Section 8.08 as follows:
 
    (70 ILCS 5/8.08)  (from Ch. 15 1/2, par. 68.8-08)
    Sec. 8.08. To borrow money and to issue bonds, notes,
certificates, or other evidences of indebtedness for the
purpose of accomplishing any of said corporate purposes, which
obligations may be payable from taxes or other sources as
provided in this Act; and to refund or advance refund any of
the foregoing with bonds, notes, certificates, or other
evidences of indebtedness, which refunding or advance advanced
refunding obligations may be payable from taxes or from any
other source; subject, however, to a compliance with any
condition or limitation set forth in this Act or otherwise
provided by the constitution of the State of Illinois.
(Source: P.A. 83-1403; revised 9-28-18.)
 
    Section 355. The Metro-East Park and Recreation District
Act is amended by changing Section 30 as follows:
 
    (70 ILCS 1605/30)
    Sec. 30. Taxes.
    (a) The board shall impose a tax upon all persons engaged
in the business of selling tangible personal property, other
than personal property titled or registered with an agency of
this State's government, at retail in the District on the gross
receipts from the sales made in the course of business. This
tax shall be imposed only at the rate of one-tenth of one per
cent.
    This additional tax may not be imposed on tangible personal
property taxed at the 1% rate under the Retailers' Occupation
Tax Act. The tax imposed by the Board under this Section and
all civil penalties that may be assessed as an incident of the
tax shall be collected and enforced by the Department of
Revenue. The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act shall permit the retailer to engage in a business that is
taxable without registering separately with the Department
under an ordinance or resolution under this Section. The
Department has full power to administer and enforce this
Section, to collect all taxes and penalties due under this
Section, to dispose of taxes and penalties so collected in the
manner provided in this Section, and to determine all rights to
credit memoranda arising on account of the erroneous payment of
a tax or penalty under this Section. In the administration of
and compliance with this Section, the Department and persons
who are subject to this Section shall (i) have the same rights,
remedies, privileges, immunities, powers, and duties, (ii) be
subject to the same conditions, restrictions, limitations,
penalties, and definitions of terms, and (iii) employ the same
modes of procedure as are prescribed in Sections 1, 1a, 1a-1,
1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect
to all provisions contained in those Sections other than the
State rate of tax), 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3
(except provisions relating to transaction returns and quarter
monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
of the Retailers' Occupation Tax Act and the Uniform Penalty
and Interest Act as if those provisions were set forth in this
Section.
    Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
sellers' tax liability by separately stating the tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State tax which sellers are required
to collect under the Use Tax Act, pursuant to such bracketed
schedules as the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the State Metro-East Park and Recreation
District Fund.
    (b) If a tax has been imposed under subsection (a), a
service occupation tax shall also be imposed at the same rate
upon all persons engaged, in the District, in the business of
making sales of service, who, as an incident to making those
sales of service, transfer tangible personal property within
the District as an incident to a sale of service. This tax may
not be imposed on tangible personal property taxed at the 1%
rate under the Service Occupation Tax Act. The tax imposed
under this subsection and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced
by the Department of Revenue. The Department has full power to
administer and enforce this subsection; to collect all taxes
and penalties due hereunder; to dispose of taxes and penalties
so collected in the manner hereinafter provided; and to
determine all rights to credit memoranda arising on account of
the erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this subsection, the
Department and persons who are subject to this paragraph shall
(i) have the same rights, remedies, privileges, immunities,
powers, and duties, (ii) be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms, and (iii) employ the same modes of
procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a
place of business in this State shall mean the District), 2a,
2b, 2c, 3 through 3-50 (in respect to all provisions therein
other than the State rate of tax), 4 (except that the reference
to the State shall be to the District), 5, 7, 8 (except that
the jurisdiction to which the tax shall be a debt to the extent
indicated in that Section 8 shall be the District), 9 (except
as to the disposition of taxes and penalties collected), 10,
11, 12 (except the reference therein to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference
to the State shall mean the District), Sections 15, 16, 17, 18,
19 and 20 of the Service Occupation Tax Act and the Uniform
Penalty and Interest Act, as fully as if those provisions were
set forth herein.
    Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
serviceman's tax liability by separately stating the tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State tax that servicemen are
authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may
prescribe.
    Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the State Metro-East Park and Recreation
District Fund.
    Nothing in this subsection shall be construed to authorize
the board to impose a tax upon the privilege of engaging in any
business which under the Constitution of the United States may
not be made the subject of taxation by the State.
    (c) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this Section to be deposited into the State
Metro-East Park and Recreation District Fund, which shall be an
unappropriated trust fund held outside of the State treasury.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district. The Department shall make this
certification only if the Metro East Park and Recreation
District imposes a tax on real property as provided in the
definition of "local sales taxes" under the Innovation
Development and Economy Act.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money pursuant to Section 35 of
this Act to the District from which retailers have paid taxes
or penalties to the Department during the second preceding
calendar month. The amount to be paid to the District shall be
the amount (not including credit memoranda) collected under
this Section during the second preceding calendar month by the
Department plus an amount the Department determines is
necessary to offset any amounts that were erroneously paid to a
different taxing body, and not including (i) an amount equal to
the amount of refunds made during the second preceding calendar
month by the Department on behalf of the District, (ii) any
amount that the Department determines is necessary to offset
any amounts that were payable to a different taxing body but
were erroneously paid to the District, (iii) any amounts that
are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5%
of the remainder, which the Department shall transfer into the
Tax Compliance and Administration Fund. The Department, at the
time of each monthly disbursement to the District, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this subsection. Within 10 days after receipt by the
Comptroller of the disbursement certification to the District
and the Tax Compliance and Administration Fund provided for in
this Section to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with directions contained in
the certification.
    (d) For the purpose of determining whether a tax authorized
under this Section is applicable, a retail sale by a producer
of coal or another mineral mined in Illinois is a sale at
retail at the place where the coal or other mineral mined in
Illinois is extracted from the earth. This paragraph does not
apply to coal or another mineral when it is delivered or
shipped by the seller to the purchaser at a point outside
Illinois so that the sale is exempt under the United States
Constitution as a sale in interstate or foreign commerce.
    (e) Nothing in this Section shall be construed to authorize
the board to impose a tax upon the privilege of engaging in any
business that under the Constitution of the United States may
not be made the subject of taxation by this State.
    (f) An ordinance imposing a tax under this Section or an
ordinance extending the imposition of a tax to an additional
county or counties shall be certified by the board and filed
with the Department of Revenue either (i) on or before the
first day of April, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of July next
following the filing; or (ii) on or before the first day of
October, whereupon the Department shall proceed to administer
and enforce the tax as of the first day of January next
following the filing.
    (g) When certifying the amount of a monthly disbursement to
the District under this Section, the Department shall increase
or decrease the amounts by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-1171, eff. 1-4-19; revised 1-11-19.)
 
    Section 360. The Sanitary District Act of 1917 is amended
by changing Section 22a.41 as follows:
 
    (70 ILCS 2405/22a.41)  (from Ch. 42, par. 317d.42)
    Sec. 22a.41. Manner and time of letting of contracts.
Except as otherwise provided in Section 9-2-113 of the Illinois
Municipal Code, as now or hereafter amended, within 6 months
after judgment of confirmation of any special assessment or
special tax levied in pursuance pursuant of this Act has been
entered, if there is no appeal perfected, or other stay of
proceedings by a court having jurisdiction, or in case the
judgment for the condemnation of any property for any such
improvement, or the judgment of confirmation as to any property
is appealed from, then, if the petitioner files in the cause a
written election to proceed with the work, notwithstanding the
appeal, or other stay, steps shall be taken to let the contract
for the work in the manner provided in this Act. If the
judgment of condemnation or of confirmation of the special tax
or special assessment levied for the work is appealed from, or
stayed by a supersedeas or other order of a court having
jurisdiction, and the petitioner files no such election, then
the steps provided in this Act for the letting of the contract
for the work shall be taken within 6 months after the final
determination of the appeal or the determination of the stay
unless the proceeding is abandoned as provided in this Act.
(Source: P.A. 85-1137; revised 9-28-18.)
 
    Section 365. The Sanitary District Act of 1936 is amended
by changing Section 79 as follows:
 
    (70 ILCS 2805/79)  (from Ch. 42, par. 447.43)
    Sec. 79. Manner and time of letting of contracts. Except
as otherwise provided in Section 9-2-113 of the Illinois
Municipal Code, as now or hereafter amended, within 6 months
after judgment of confirmation of any special assessment or
special tax levied in pursuance pursuant of this Act has been
entered, if there is no appeal perfected, or other stay of
proceedings by a court having jurisdiction, or in case the
judgment for the condemnation of any property for any such
improvement, or the judgment of confirmation as to any property
is appealed from, then, if the petitioner files in the cause a
written election to proceed with the work, notwithstanding the
appeal, or other stay, steps shall be taken to let the contract
for the work in the manner provided in this Act. If the
judgment of condemnation or of confirmation of the special tax
or special assessment levied for the work is appealed from, or
stayed by a supersedeas or other order of a court having
jurisdiction, and the petitioner files no such election, then
the steps provided in this Act for the letting of the contract
for the work shall be taken within 6 months after the final
determination of the appeal or the determination of the stay
unless the proceeding is abandoned as provided in this Act.
(Source: P.A. 85-1137; revised 9-28-18.)
 
    Section 370. The Local Mass Transit District Act is amended
by changing Section 3.5 as follows:
 
    (70 ILCS 3610/3.5)  (from Ch. 111 2/3, par. 353.5)
    Sec. 3.5. If the district acquires a mass transit facility,
all of the employees in such mass transit facility shall be
transferred to and appointed as employees of the district,
subject to all rights and benefits of this Act, and these
employees shall be given seniority credit in accordance with
the records and labor agreements of the mass transit facility.
Employees who left the employ of such a mass transit facility
to enter the military service of the United States shall have
the same rights as to the district, under the provisions of the
Service Member Employment and Reemployment Rights, Act, as they
would have had thereunder as to such mass transit facility.
After such acquisition, the district shall be required to
extend to such former employees of such mass transit facility
only the rights and benefits as to pensions and retirement as
are accorded other employees of the district.
(Source: P.A. 100-1101, eff. 1-1-19; revised 9-28-18.)
 
    Section 375. The Regional Transportation Authority Act is
amended by changing Section 4.03 as follows:
 
    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
    Sec. 4.03. Taxes.
    (a) In order to carry out any of the powers or purposes of
the Authority, the Board may by ordinance adopted with the
concurrence of 12 of the then Directors, impose throughout the
metropolitan region any or all of the taxes provided in this
Section. Except as otherwise provided in this Act, taxes
imposed under this Section and civil penalties imposed incident
thereto shall be collected and enforced by the State Department
of Revenue. The Department shall have the power to administer
and enforce the taxes and to determine all rights for refunds
for erroneous payments of the taxes. Nothing in Public Act
95-708 is intended to invalidate any taxes currently imposed by
the Authority. The increased vote requirements to impose a tax
shall only apply to actions taken after January 1, 2008 (the
effective date of Public Act 95-708).
    (b) The Board may impose a public transportation tax upon
all persons engaged in the metropolitan region in the business
of selling at retail motor fuel for operation of motor vehicles
upon public highways. The tax shall be at a rate not to exceed
5% of the gross receipts from the sales of motor fuel in the
course of the business. As used in this Act, the term "motor
fuel" shall have the same meaning as in the Motor Fuel Tax Law.
The Board may provide for details of the tax. The provisions of
any tax shall conform, as closely as may be practicable, to the
provisions of the Municipal Retailers Occupation Tax Act,
including without limitation, conformity to penalties with
respect to the tax imposed and as to the powers of the State
Department of Revenue to promulgate and enforce rules and
regulations relating to the administration and enforcement of
the provisions of the tax imposed, except that reference in the
Act to any municipality shall refer to the Authority and the
tax shall be imposed only with regard to receipts from sales of
motor fuel in the metropolitan region, at rates as limited by
this Section.
    (c) In connection with the tax imposed under paragraph (b)
of this Section the Board may impose a tax upon the privilege
of using in the metropolitan region motor fuel for the
operation of a motor vehicle upon public highways, the tax to
be at a rate not in excess of the rate of tax imposed under
paragraph (b) of this Section. The Board may provide for
details of the tax.
    (d) The Board may impose a motor vehicle parking tax upon
the privilege of parking motor vehicles at off-street parking
facilities in the metropolitan region at which a fee is
charged, and may provide for reasonable classifications in and
exemptions to the tax, for administration and enforcement
thereof and for civil penalties and refunds thereunder and may
provide criminal penalties thereunder, the maximum penalties
not to exceed the maximum criminal penalties provided in the
Retailers' Occupation Tax Act. The Authority may collect and
enforce the tax itself or by contract with any unit of local
government. The State Department of Revenue shall have no
responsibility for the collection and enforcement unless the
Department agrees with the Authority to undertake the
collection and enforcement. As used in this paragraph, the term
"parking facility" means a parking area or structure having
parking spaces for more than 2 vehicles at which motor vehicles
are permitted to park in return for an hourly, daily, or other
periodic fee, whether publicly or privately owned, but does not
include parking spaces on a public street, the use of which is
regulated by parking meters.
    (e) The Board may impose a Regional Transportation
Authority Retailers' Occupation Tax upon all persons engaged in
the business of selling tangible personal property at retail in
the metropolitan region. In Cook County, the tax rate shall be
1.25% of the gross receipts from sales of tangible personal
property taxed at the 1% rate under the Retailers' Occupation
Tax Act, and 1% of the gross receipts from other taxable sales
made in the course of that business. In DuPage, Kane, Lake,
McHenry, and Will counties Counties, the tax rate shall be
0.75% of the gross receipts from all taxable sales made in the
course of that business. The tax imposed under this Section and
all civil penalties that may be assessed as an incident thereof
shall be collected and enforced by the State Department of
Revenue. The Department shall have full power to administer and
enforce this Section; to collect all taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this Section, the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax), 2c, 3 (except as to
the disposition of taxes and penalties collected), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
and Section 3-7 of the Uniform Penalty and Interest Act, as
fully as if those provisions were set forth herein.
    Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination in a single amount with State taxes that sellers
are required to collect under the Use Tax Act, under any
bracket schedules the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
    If a tax is imposed under this subsection (e), a tax shall
also be imposed under subsections (f) and (g) of this Section.
    For the purpose of determining whether a tax authorized
under this Section is applicable, a retail sale by a producer
of coal or other mineral mined in Illinois, is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
    No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
    Nothing in this Section shall be construed to authorize the
Regional Transportation Authority to impose a tax upon the
privilege of engaging in any business that under the
Constitution of the United States may not be made the subject
of taxation by this State.
    (f) If a tax has been imposed under paragraph (e), a
Regional Transportation Authority Service Occupation Tax shall
also be imposed upon all persons engaged, in the metropolitan
region in the business of making sales of service, who as an
incident to making the sales of service, transfer tangible
personal property within the metropolitan region, either in the
form of tangible personal property or in the form of real
estate as an incident to a sale of service. In Cook County, the
tax rate shall be: (1) 1.25% of the serviceman's cost price of
food prepared for immediate consumption and transferred
incident to a sale of service subject to the service occupation
tax by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act that is located in the metropolitan region; (2)
1.25% of the selling price of tangible personal property taxed
at the 1% rate under the Service Occupation Tax Act; and (3) 1%
of the selling price from other taxable sales of tangible
personal property transferred. In DuPage, Kane, Lake, McHenry
and Will counties, Counties the rate shall be 0.75% of the
selling price of all tangible personal property transferred.
    The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce this
paragraph; to collect all taxes and penalties due hereunder; to
dispose of taxes and penalties collected in the manner
hereinafter provided; and to determine all rights to credit
memoranda arising on account of the erroneous payment of tax or
penalty hereunder. In the administration of and compliance with
this paragraph, the Department and persons who are subject to
this paragraph shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties,
exclusions, exemptions and definitions of terms, and employ the
same modes of procedure, as are prescribed in Sections 1a-1, 2,
2a, 3 through 3-50 (in respect to all provisions therein other
than the State rate of tax), 4 (except that the reference to
the State shall be to the Authority), 5, 7, 8 (except that the
jurisdiction to which the tax shall be a debt to the extent
indicated in that Section 8 shall be the Authority), 9 (except
as to the disposition of taxes and penalties collected, and
except that the returned merchandise credit for this tax may
not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean
the Authority), the first paragraph of Section 15, 16, 17, 18,
19 and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
    Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, that charge may be stated in
combination in a single amount with State tax that servicemen
are authorized to collect under the Service Use Tax Act, under
any bracket schedules the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
    Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of engaging in
any business that under the Constitution of the United States
may not be made the subject of taxation by the State.
    (g) If a tax has been imposed under paragraph (e), a tax
shall also be imposed upon the privilege of using in the
metropolitan region, any item of tangible personal property
that is purchased outside the metropolitan region at retail
from a retailer, and that is titled or registered with an
agency of this State's government. In Cook County, the tax rate
shall be 1% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. In
DuPage, Kane, Lake, McHenry and Will counties, the tax rate
shall be 0.75% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. The
tax shall be collected from persons whose Illinois address for
titling or registration purposes is given as being in the
metropolitan region. The tax shall be collected by the
Department of Revenue for the Regional Transportation
Authority. The tax must be paid to the State, or an exemption
determination must be obtained from the Department of Revenue,
before the title or certificate of registration for the
property may be issued. The tax or proof of exemption may be
transmitted to the Department by way of the State agency with
which, or the State officer with whom, the tangible personal
property must be titled or registered if the Department and the
State agency or State officer determine that this procedure
will expedite the processing of applications for title or
registration.
    The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties, and
interest due hereunder; to dispose of taxes, penalties, and
interest collected in the manner hereinafter provided; and to
determine all rights to credit memoranda or refunds arising on
account of the erroneous payment of tax, penalty, or interest
hereunder. In the administration of and compliance with this
paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the
State rate of tax, and except provisions concerning collection
or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
19 (except the portions pertaining to claims by retailers and
except the last paragraph concerning refunds), 20, 21 and 22 of
the Use Tax Act, and are not inconsistent with this paragraph,
as fully as if those provisions were set forth herein.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
    (h) The Authority may impose a replacement vehicle tax of
$50 on any passenger car as defined in Section 1-157 of the
Illinois Vehicle Code purchased within the metropolitan region
by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed may not become effective before the first day
of the month following the passage of the ordinance imposing
the tax and receipt of a certified copy of the ordinance by the
Department of Revenue. The Department of Revenue shall collect
the tax for the Authority in accordance with Sections 3-2002
and 3-2003 of the Illinois Vehicle Code.
    The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes collected
hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the Authority. The
amount to be paid to the Authority shall be the amount
collected hereunder during the second preceding calendar month
by the Department, less any amount determined by the Department
to be necessary for the payment of refunds, and less any
amounts that are transferred to the STAR Bonds Revenue Fund.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the Authority provided for in
this Section to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for that
amount in accordance with the directions contained in the
certification.
    (i) The Board may not impose any other taxes except as it
may from time to time be authorized by law to impose.
    (j) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (e), (f) or
(g) of this Section and no additional registration shall be
required under the tax. A certificate issued under the Use Tax
Act or the Service Use Tax Act shall be applicable with regard
to any tax imposed under paragraph (c) of this Section.
    (k) The provisions of any tax imposed under paragraph (c)
of this Section shall conform as closely as may be practicable
to the provisions of the Use Tax Act, including without
limitation conformity as to penalties with respect to the tax
imposed and as to the powers of the State Department of Revenue
to promulgate and enforce rules and regulations relating to the
administration and enforcement of the provisions of the tax
imposed. The taxes shall be imposed only on use within the
metropolitan region and at rates as provided in the paragraph.
    (l) The Board in imposing any tax as provided in paragraphs
(b) and (c) of this Section, shall, after seeking the advice of
the State Department of Revenue, provide means for retailers,
users or purchasers of motor fuel for purposes other than those
with regard to which the taxes may be imposed as provided in
those paragraphs to receive refunds of taxes improperly paid,
which provisions may be at variance with the refund provisions
as applicable under the Municipal Retailers Occupation Tax Act.
The State Department of Revenue may provide for certificates of
registration for users or purchasers of motor fuel for purposes
other than those with regard to which taxes may be imposed as
provided in paragraphs (b) and (c) of this Section to
facilitate the reporting and nontaxability of the exempt sales
or uses.
    (m) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the Regional Transportation Authority
as of September 1 next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing,
increasing, decreasing, or discontinuing the tax hereunder
shall be adopted and a certified copy thereof filed with the
Department, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of the
first month to occur not less than 60 days following such
adoption and filing. Any ordinance or resolution of the
Authority imposing a tax under this Section and in effect on
August 1, 2007 shall remain in full force and effect and shall
be administered by the Department of Revenue under the terms
and conditions and rates of tax established by such ordinance
or resolution until the Department begins administering and
enforcing an increased tax under this Section as authorized by
Public Act 95-708. The tax rates authorized by Public Act
95-708 are effective only if imposed by ordinance of the
Authority.
    (n) Except as otherwise provided in this subsection (n),
the State Department of Revenue shall, upon collecting any
taxes as provided in this Section, pay the taxes over to the
State Treasurer as trustee for the Authority. The taxes shall
be held in a trust fund outside the State Treasury. On or
before the 25th day of each calendar month, the State
Department of Revenue shall prepare and certify to the
Comptroller of the State of Illinois and to the Authority (i)
the amount of taxes collected in each county County other than
Cook County in the metropolitan region, (ii) the amount of
taxes collected within the City of Chicago, and (iii) the
amount collected in that portion of Cook County outside of
Chicago, each amount less the amount necessary for the payment
of refunds to taxpayers located in those areas described in
items (i), (ii), and (iii), and less 1.5% of the remainder,
which shall be transferred from the trust fund into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the Authority, shall prepare
and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this subsection. Within 10 days after receipt by the
Comptroller of the certification of the amounts, the
Comptroller shall cause an order to be drawn for the transfer
of the amount certified into the Tax Compliance and
Administration Fund and the payment of two-thirds of the
amounts certified in item (i) of this subsection to the
Authority and one-third of the amounts certified in item (i) of
this subsection to the respective counties other than Cook
County and the amount certified in items (ii) and (iii) of this
subsection to the Authority.
    In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in July 1991 and each
year thereafter to the Regional Transportation Authority. The
allocation shall be made in an amount equal to the average
monthly distribution during the preceding calendar year
(excluding the 2 months of lowest receipts) and the allocation
shall include the amount of average monthly distribution from
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund. The distribution made in July 1992 and each
year thereafter under this paragraph and the preceding
paragraph shall be reduced by the amount allocated and
disbursed under this paragraph in the preceding calendar year.
The Department of Revenue shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
    (o) Failure to adopt a budget ordinance or otherwise to
comply with Section 4.01 of this Act or to adopt a Five-year
Capital Program or otherwise to comply with paragraph (b) of
Section 2.01 of this Act shall not affect the validity of any
tax imposed by the Authority otherwise in conformity with law.
    (p) At no time shall a public transportation tax or motor
vehicle parking tax authorized under paragraphs (b), (c), and
(d) of this Section be in effect at the same time as any
retailers' occupation, use or service occupation tax
authorized under paragraphs (e), (f), and (g) of this Section
is in effect.
    Any taxes imposed under the authority provided in
paragraphs (b), (c), and (d) shall remain in effect only until
the time as any tax authorized by paragraph paragraphs (e),
(f), or (g) of this Section are imposed and becomes effective.
Once any tax authorized by paragraph paragraphs (e), (f), or
(g) is imposed the Board may not reimpose taxes as authorized
in paragraphs (b), (c), and (d) of the Section unless any tax
authorized by paragraph paragraphs (e), (f), or (g) of this
Section becomes ineffective by means other than an ordinance of
the Board.
    (q) Any existing rights, remedies and obligations
(including enforcement by the Regional Transportation
Authority) arising under any tax imposed under paragraph
paragraphs (b), (c), or (d) of this Section shall not be
affected by the imposition of a tax under paragraph paragraphs
(e), (f), or (g) of this Section.
(Source: P.A. 99-180, eff. 7-29-15; 99-217, eff. 7-31-15;
99-642, eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff.
6-4-18; 100-1171, eff. 1-4-19; revised 1-11-19.)
 
    Section 380. The Water Commission Act of 1985 is amended by
changing Section 4 as follows:
 
    (70 ILCS 3720/4)  (from Ch. 111 2/3, par. 254)
    Sec. 4. Taxes.
    (a) The board of commissioners of any county water
commission may, by ordinance, impose throughout the territory
of the commission any or all of the taxes provided in this
Section for its corporate purposes. However, no county water
commission may impose any such tax unless the commission
certifies the proposition of imposing the tax to the proper
election officials, who shall submit the proposition to the
voters residing in the territory at an election in accordance
with the general election law, and the proposition has been
approved by a majority of those voting on the proposition.
    The proposition shall be in the form provided in Section 5
or shall be substantially in the following form:
-------------------------------------------------------------
    Shall the (insert corporate
name of county water commission)           YES
impose (state type of tax or         ------------------------
taxes to be imposed) at the                NO
rate of 1/4%?
-------------------------------------------------------------
    Taxes imposed under this Section and civil penalties
imposed incident thereto shall be collected and enforced by the
State Department of Revenue. The Department shall have the
power to administer and enforce the taxes and to determine all
rights for refunds for erroneous payments of the taxes.
    (b) The board of commissioners may impose a County Water
Commission Retailers' Occupation Tax upon all persons engaged
in the business of selling tangible personal property at retail
in the territory of the commission at a rate of 1/4% of the
gross receipts from the sales made in the course of such
business within the territory. The tax imposed under this
paragraph and all civil penalties that may be assessed as an
incident thereof shall be collected and enforced by the State
Department of Revenue. The Department shall have full power to
administer and enforce this paragraph; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with, this paragraph, the
Department and persons who are subject to this paragraph shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax except that tangible
personal property taxed at the 1% rate under the Retailers'
Occupation Tax Act shall not be subject to tax hereunder), 2c,
3 (except as to the disposition of taxes and penalties
collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act, as fully as if those provisions were
set forth herein.
    Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination, in a single amount, with State taxes that sellers
are required to collect under the Use Tax Act and under
subsection (e) of Section 4.03 of the Regional Transportation
Authority Act, in accordance with such bracket schedules as the
Department may prescribe.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under subsection (g) of this Section.
    For the purpose of determining whether a tax authorized
under this paragraph is applicable, a retail sale by a producer
of coal or other mineral mined in Illinois is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
    If a tax is imposed under this subsection (b), a tax shall
also be imposed under subsections (c) and (d) of this Section.
    No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
    Nothing in this paragraph shall be construed to authorize a
county water commission to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by this
State.
    (c) If a tax has been imposed under subsection (b), a
County Water Commission Service Occupation Tax shall also be
imposed upon all persons engaged, in the territory of the
commission, in the business of making sales of service, who, as
an incident to making the sales of service, transfer tangible
personal property within the territory. The tax rate shall be
1/4% of the selling price of tangible personal property so
transferred within the territory. The tax imposed under this
paragraph and all civil penalties that may be assessed as an
incident thereof shall be collected and enforced by the State
Department of Revenue. The Department shall have full power to
administer and enforce this paragraph; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with, this paragraph, the
Department and persons who are subject to this paragraph shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1a-1, 2 (except that
the reference to State in the definition of supplier
maintaining a place of business in this State shall mean the
territory of the commission), 2a, 3 through 3-50 (in respect to
all provisions therein other than the State rate of tax except
that tangible personal property taxed at the 1% rate under the
Service Occupation Tax Act shall not be subject to tax
hereunder), 4 (except that the reference to the State shall be
to the territory of the commission), 5, 7, 8 (except that the
jurisdiction to which the tax shall be a debt to the extent
indicated in that Section 8 shall be the commission), 9 (except
as to the disposition of taxes and penalties collected and
except that the returned merchandise credit for this tax may
not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean
the territory of the commission), the first paragraph of
Section 15, 15.5, 16, 17, 18, 19, and 20 of the Service
Occupation Tax Act as fully as if those provisions were set
forth herein.
    Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that servicemen
are authorized to collect under the Service Use Tax Act, and
any tax for which servicemen may be liable under subsection (f)
of Section 4.03 of the Regional Transportation Authority Act,
in accordance with such bracket schedules as the Department may
prescribe.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under subsection (g) of this Section.
    Nothing in this paragraph shall be construed to authorize a
county water commission to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by the
State.
    (d) If a tax has been imposed under subsection (b), a tax
shall also be imposed upon the privilege of using, in the
territory of the commission, any item of tangible personal
property that is purchased outside the territory at retail from
a retailer, and that is titled or registered with an agency of
this State's government, at a rate of 1/4% of the selling price
of the tangible personal property within the territory, as
"selling price" is defined in the Use Tax Act. The tax shall be
collected from persons whose Illinois address for titling or
registration purposes is given as being in the territory. The
tax shall be collected by the Department of Revenue for a
county water commission. The tax must be paid to the State, or
an exemption determination must be obtained from the Department
of Revenue, before the title or certificate of registration for
the property may be issued. The tax or proof of exemption may
be transmitted to the Department by way of the State agency
with which, or the State officer with whom, the tangible
personal property must be titled or registered if the
Department and the State agency or State officer determine that
this procedure will expedite the processing of applications for
title or registration.
    The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties, and
interest due hereunder; to dispose of taxes, penalties, and
interest so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax, penalty, or
interest hereunder. In the administration of and compliance
with this paragraph, the Department and persons who are subject
to this paragraph shall have the same rights, remedies,
privileges, immunities, powers, and duties, and be subject to
the same conditions, restrictions, limitations, penalties,
exclusions, exemptions, and definitions of terms and employ the
same modes of procedure, as are prescribed in Sections 2
(except the definition of "retailer maintaining a place of
business in this State"), 3 through 3-80 (except provisions
pertaining to the State rate of tax, and except provisions
concerning collection or refunding of the tax by retailers), 4,
11, 12, 12a, 14, 15, 19 (except the portions pertaining to
claims by retailers and except the last paragraph concerning
refunds), 20, 21, and 22 of the Use Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act that are not inconsistent
with this paragraph, as fully as if those provisions were set
forth herein.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under subsection (g) of this Section.
    (e) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under subsection (b), (c), or (d)
of this Section and no additional registration shall be
required under the tax. A certificate issued under the Use Tax
Act or the Service Use Tax Act shall be applicable with regard
to any tax imposed under subsection (c) of this Section.
    (f) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the county water commission as of
September 1 next following the adoption and filing. Beginning
January 1, 1992, an ordinance or resolution imposing or
discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing or
discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of October, whereupon the Department shall
proceed to administer and enforce this Section as of the first
day of January next following such adoption and filing.
    (g) The State Department of Revenue shall, upon collecting
any taxes as provided in this Section, pay the taxes over to
the State Treasurer as trustee for the commission. The taxes
shall be held in a trust fund outside the State Treasury.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the State
Department of Revenue shall prepare and certify to the
Comptroller of the State of Illinois the amount to be paid to
the commission, which shall be the amount (not including credit
memoranda) collected under this Section during the second
preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts that
were erroneously paid to a different taxing body, and not
including any amount equal to the amount of refunds made during
the second preceding calendar month by the Department on behalf
of the commission, and not including any amount that the
Department determines is necessary to offset any amounts that
were payable to a different taxing body but were erroneously
paid to the commission, and less any amounts that are
transferred to the STAR Bonds Revenue Fund, less 1.5% of the
remainder, which shall be transferred into the Tax Compliance
and Administration Fund. The Department, at the time of each
monthly disbursement to the commission, shall prepare and
certify to the State Comptroller the amount to be transferred
into the Tax Compliance and Administration Fund under this
subsection. Within 10 days after receipt by the Comptroller of
the certification of the amount to be paid to the commission
and the Tax Compliance and Administration Fund, the Comptroller
shall cause an order to be drawn for the payment for the amount
in accordance with the direction in the certification.
    (h) Beginning June 1, 2016, any tax imposed pursuant to
this Section may no longer be imposed or collected, unless a
continuation of the tax is approved by the voters at a
referendum as set forth in this Section.
(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 100-863, eff.
8-14-18; 100-1171, eff. 1-4-19; revised 1-11-19.)
 
    Section 385. The School Code is amended by changing
Sections 2-3.25g, 3-15.12a, 10-17a, 10-22.3f, 10-22.6, 10-29,
21B-20, 21B-25, 21B-30, 21B-40, 22-30, 22-80, 24-5, 24-12,
26-2a, 26-12, 27-8.1, 27-22.05, and 27A-5, by setting forth,
renumbering, and changing multiple versions of Sections
2-3.173 and 10-20.67, and by setting forth and renumbering
multiple versions of Section 27-23.11 as follows:
 
    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
    Sec. 2-3.25g. Waiver or modification of mandates within the
School Code and administrative rules and regulations.
    (a) In this Section:
        "Board" means a school board or the governing board or
    administrative district, as the case may be, for a joint
    agreement.
        "Eligible applicant" means a school district, joint
    agreement made up of school districts, or regional
    superintendent of schools on behalf of schools and programs
    operated by the regional office of education.
        "Implementation date" has the meaning set forth in
    Section 24A-2.5 of this Code.
        "State Board" means the State Board of Education.
    (b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible
applicants may petition the State Board of Education for the
waiver or modification of the mandates of this School Code or
of the administrative rules and regulations promulgated by the
State Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when an eligible
applicant demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code may
be requested when the waivers are necessary to stimulate
innovation or improve student performance or when the applicant
demonstrates that it can address the intent of the mandate of
the School Code in a more effective, efficient, or economical
manner. Waivers may not be requested from laws, rules, and
regulations pertaining to special education, teacher educator
licensure, teacher tenure and seniority, or Section 5-2.1 of
this Code or from compliance with the Every Student Succeeds
Act (Public Law 114-95). Eligible applicants may not seek a
waiver or seek a modification of a mandate regarding the
requirements for (i) student performance data to be a
significant factor in teacher or principal evaluations or (ii)
teachers and principals to be rated using the 4 categories of
"excellent", "proficient", "needs improvement", or
"unsatisfactory". On September 1, 2014, any previously
authorized waiver or modification from such requirements shall
terminate.
    (c) Eligible applicants, as a matter of inherent managerial
policy, and any Independent Authority established under
Section 2-3.25f-5 of this Code may submit an application for a
waiver or modification authorized under this Section. Each
application must include a written request by the eligible
applicant or Independent Authority and must demonstrate that
the intent of the mandate can be addressed in a more effective,
efficient, or economical manner or be based upon a specific
plan for improved student performance and school improvement.
Any eligible applicant requesting a waiver or modification for
the reason that intent of the mandate can be addressed in a
more economical manner shall include in the application a
fiscal analysis showing current expenditures on the mandate and
projected savings resulting from the waiver or modification.
Applications and plans developed by eligible applicants must be
approved by the board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following a public hearing on the
application and plan and the opportunity for the board or
regional superintendent to hear testimony from staff directly
involved in its implementation, parents, and students. The time
period for such testimony shall be separate from the time
period established by the eligible applicant for public comment
on other matters.
    (c-5) If the applicant is a school district, then the
district shall post information that sets forth the time, date,
place, and general subject matter of the public hearing on its
Internet website at least 14 days prior to the hearing. If the
district is requesting to increase the fee charged for driver
education authorized pursuant to Section 27-24.2 of this Code,
the website information shall include the proposed amount of
the fee the district will request. All school districts must
publish a notice of the public hearing at least 7 days prior to
the hearing in a newspaper of general circulation within the
school district that sets forth the time, date, place, and
general subject matter of the hearing. Districts requesting to
increase the fee charged for driver education shall include in
the published notice the proposed amount of the fee the
district will request. If the applicant is a joint agreement or
regional superintendent, then the joint agreement or regional
superintendent shall post information that sets forth the time,
date, place, and general subject matter of the public hearing
on its Internet website at least 14 days prior to the hearing.
If the joint agreement or regional superintendent is requesting
to increase the fee charged for driver education authorized
pursuant to Section 27-24.2 of this Code, the website
information shall include the proposed amount of the fee the
applicant will request. All joint agreements and regional
superintendents must publish a notice of the public hearing at
least 7 days prior to the hearing in a newspaper of general
circulation in each school district that is a member of the
joint agreement or that is served by the educational service
region that sets forth the time, date, place, and general
subject matter of the hearing, provided that a notice appearing
in a newspaper generally circulated in more than one school
district shall be deemed to fulfill this requirement with
respect to all of the affected districts. Joint agreements or
regional superintendents requesting to increase the fee
charged for driver education shall include in the published
notice the proposed amount of the fee the applicant will
request. The eligible applicant must notify either
electronically or in writing the affected exclusive collective
bargaining agent and those State legislators representing the
eligible applicant's territory of its intent to seek approval
of a waiver or modification and of the hearing to be held to
take testimony from staff. The affected exclusive collective
bargaining agents shall be notified of such public hearing at
least 7 days prior to the date of the hearing and shall be
allowed to attend such public hearing. The eligible applicant
shall attest to compliance with all of the notification and
procedural requirements set forth in this Section.
    (d) A request for a waiver or modification of
administrative rules and regulations or for a modification of
mandates contained in this School Code shall be submitted to
the State Board of Education within 15 days after approval by
the board or regional superintendent of schools. The
application as submitted to the State Board of Education shall
include a description of the public hearing. Following receipt
of the waiver or modification request, the State Board shall
have 45 days to review the application and request. If the
State Board fails to disapprove the application within that
45-day 45 day period, the waiver or modification shall be
deemed granted. The State Board may disapprove any request if
it is not based upon sound educational practices, endangers the
health or safety of students or staff, compromises equal
opportunities for learning, or fails to demonstrate that the
intent of the rule or mandate can be addressed in a more
effective, efficient, or economical manner or have improved
student performance as a primary goal. Any request disapproved
by the State Board may be appealed to the General Assembly by
the eligible applicant as outlined in this Section.
    A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board or regional superintendent of
schools. The application as submitted to the State Board of
Education shall include a description of the public hearing.
The description shall include, but need not be limited to, the
means of notice, the number of people in attendance, the number
of people who spoke as proponents or opponents of the waiver, a
brief description of their comments, and whether there were any
written statements submitted. The State Board shall review the
applications and requests for completeness and shall compile
the requests in reports to be filed with the General Assembly.
The State Board shall file reports outlining the waivers
requested by eligible applicants and appeals by eligible
applicants of requests disapproved by the State Board with the
Senate and the House of Representatives before each March 1 and
October 1.
    The report shall be reviewed by a panel of 4 members
consisting of:
        (1) the Speaker of the House of Representatives;
        (2) the Minority Leader of the House of
    Representatives;
        (3) the President of the Senate; and
        (4) the Minority Leader of the Senate.
The State Board of Education may provide the panel
recommendations on waiver requests. The members of the panel
shall review the report submitted by the State Board of
Education and submit to the State Board of Education any notice
of further consideration to any waiver request within 14 days
after the member receives the report. If 3 or more of the panel
members submit a notice of further consideration to any waiver
request contained within the report, the State Board of
Education shall submit the waiver request to the General
Assembly for consideration. If less than 3 panel members submit
a notice of further consideration to a waiver request, the
waiver may be approved, denied, or modified by the State Board.
If the State Board does not act on a waiver request within 10
days, then the waiver request is approved. If the waiver
request is denied by the State Board, it shall submit the
waiver request to the General Assembly for consideration.
    The General Assembly may disapprove any waiver request
submitted to the General Assembly pursuant to this subsection
(d) in whole or in part within 60 calendar days after each
house of the General Assembly next convenes after the waiver
request is submitted by adoption of a resolution by a record
vote of the majority of members elected in each house. If the
General Assembly fails to disapprove any waiver request or
appealed request within such 60-day 60 day period, the waiver
or modification shall be deemed granted. Any resolution adopted
by the General Assembly disapproving a report of the State
Board in whole or in part shall be binding on the State Board.
    (e) An approved waiver or modification may remain in effect
for a period not to exceed 5 school years and may be renewed
upon application by the eligible applicant. However, such
waiver or modification may be changed within that 5-year period
by a board or regional superintendent of schools applying on
behalf of schools or programs operated by the regional office
of education following the procedure as set forth in this
Section for the initial waiver or modification request. If
neither the State Board of Education nor the General Assembly
disapproves, the change is deemed granted.
    (f) (Blank).
(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17;
100-782, eff. 1-1-19; revised 10-1-18.)
 
    (105 ILCS 5/2-3.173)
    Sec. 2-3.173. Substitute teachers; recruiting firms.
    (a) In this Section, "recruiting firm" means a company with
expertise in finding qualified applicants for positions and
screening those potential workers for an employer.
    (b) By January 1, 2019, the State Board of Education shall
implement a program and adopt rules to allow school districts
to supplement their substitute teacher recruitment for
elementary and secondary schools with the use of recruiting
firms, subject to the other provisions of this Section. To
qualify for the program, a school district shall demonstrate to
the State Board that, because of the severity of its substitute
teacher shortage, it is unable to find an adequate amount of
substitute or retired teachers and has exhausted all other
efforts. Substitute teachers provided by a recruiting firm must
adhere to all mandated State laws, rules, and screening
requirements for substitute teachers not provided by a
recruiting firm and must be paid on the same wage scale as
substitute teachers not provided by a recruiting firm. This
Section shall not be construed to require school districts to
use recruiting firms for substitute teachers. A school district
may not use a recruiting firm under this Section to circumvent
any collective bargaining agreements or State laws, rules, or
screening requirements for teachers. A school district may not
reduce the number of full-time staff members of a department as
a result of hiring a substitute teacher recruiting firm. In the
event of a teacher's strike, a school district may not use a
recruiting firm to hire a substitute teacher.
    (c) A school district organized under Article 34 of this
Code may contract with a substitute teacher recruiting firm
under this Section only if the district meets the following
requirements:
        (1) certifies to the State Board of Education that it
    has adequate funds to fill and pay for all substitute
    teacher positions;
        (2) prioritizes existing substitute teachers over
    substitute teachers from recruiting firms;
        (3) files copies of all substitute teacher contracts
    with the State Board of Education; and
        (4) requires that the substitute teacher recruiting
    firm file an annual report with the school district that
    would include the number of substitute teachers that were
    placed in the district, the total cost of the contract to
    the district, and the percentage of substitute teacher
    openings that were filled.
    (d) A substitute teacher recruiting firm may enter into an
agreement with a labor organization that has a collective
bargaining agreement with a school district.
(Source: P.A. 100-813, eff. 8-13-18.)
 
    (105 ILCS 5/2-3.174)
    Sec. 2-3.174 2-3.173. Supporting Future Teachers Program.
    (a) In this Section:
    "English learner" means a child included in the definition
of "English learners" under Section 14C-2 of this Code.
    "Low-income student" means a student that would be included
in an Organizational Unit's Low-Income Count, as calculated
under Section 18-8.15 of this Code.
    "Program" means the Supporting Future Teachers Program
established under this Section.
    "Qualified participant" means a high school graduate who:
(i) can demonstrate proficiency in a language other than
English or is a recipient of a State Seal of Biliteracy or, at
any one time during pre-kindergarten through grade 12, was
identified as a low-income student; and (ii) is a member of the
community in which the participating school district is
located. A "qualified participant" must be enrolled in an
educator preparation program approved by the State Board of
Education at a regionally accredited institution of higher
education in this State.
    "State Board" means the State Board of Education.
    (b) Beginning with the 2019-2020 school year, the State
Board shall establish and maintain the Supporting Future
Teachers Program to assist qualified participants in acquiring
a Professional Educator License.
    (c) Each participating school district shall partner with
an educator preparation program approved by the State Board at
a regionally accredited institution of higher education in this
State. Each qualified participant enrolled in the Program
through the school district must be enrolled at least part-time
each semester at that institution of higher education in its
educator preparation program and be working toward a
Professional Educator License.
    (d) A qualified participant shall no longer qualify for the
Program if at any time the participating school district or the
institution of higher education determines that the qualified
participant is no longer making substantial progress toward a
degree in an approved educator preparation program.
    (e) Throughout each semester of participation in the
Program, the qualified participant must be employed by the
participating school district and working under the
supervision of a school district employee. Duties of the
qualified participant may include, but are not limited to (i)
working in cooperation with his or her supervisor under this
subsection (e) to create classroom curriculum and lesson plans
and (ii) working with and mentoring English learners or
low-income students on a one-on-one basis.
    Each participating school district may use appropriate
State, federal, or local revenue to employ the qualified
participant.
    (f) At the end of each school year of the Program, each
participating school district shall submit data to the State
Board detailing all of the following:
        (1) The number of qualified participants enrolled in
    the Program.
        (2) The costs associated with the Program.
        (3) The duties assigned to each qualified participant
    by his or her supervisor.
        (4) The current status of each qualified participant in
    his or her educator preparation program.
        (5) The qualified participant's Illinois Educator
    Identification Number, if available.
        (6) Any other information requested by the State Board.
    (g) Prior to the 2023-2024 school year, the State Board
shall electronically submit a report to the Clerk of the House
of Representatives and the Secretary of the Senate detailing
the first 4 years of the program, including, but not limited
to, the following information:
        (1) The participating school districts in the Program.
        (2) The number of qualified participants enrolled in
    the Program.
        (3) The costs associated with the Program per school
    district.
        (4) A summary of the duties assigned to qualified
    participants by school district supervisors.
        (5) Any other information as determined by the State
    Board.
    (h) The State Board may establish and adopt any rules
necessary to implement this Section.
    (i) Nothing in this Section shall be construed to require a
school district to participate in the Program.
(Source: P.A. 100-982, eff. 8-19-18; revised 10-16-18.)
 
    (105 ILCS 5/2-3.175)
    Sec. 2-3.175 2-3.173. Registered apprenticeship program.
    (a) In this Section, "registered apprenticeship program"
means an industry-based occupational training program of study
with standards reviewed and approved by the United States
Department of Labor that meets each of the following
characteristics:
        (1) Apprentices in the program are at all times
    employed by a company participating in the program.
        (2) The program features a structured combination of
    on-the-job learning supported by related technical
    classroom instruction, met either by a high school or a
    public community college.
        (3) Apprentices in the program are paid a training wage
    of not less than the State minimum wage, which escalates
    throughout the life of the apprenticeship, and employment
    is continued with the company following conclusion of the
    apprenticeship for a period of not less than 2 years.
        (4) Apprentices in the program earn an
    industry-related occupational skills certificate and a
    high school diploma.
        (5) Apprentices in the program may earn postsecondary
    credit toward a certificate or degree, as applicable.
    "Registered apprenticeship program" does not include an
    apprenticeship program related to construction, as defined
    under the Employee Classification Act.
    (b) No later than 6 months after August 20, 2018 (the
effective date of Public Act 100-992) this amendatory Act of
the 100th General Assembly, the State Board of Education shall
initiate a rulemaking proceeding to adopt rules as may be
necessary to allow students of any high school in this State
who are 16 years of age or older to participate in registered
apprenticeship programs. The rules shall include the waiver of
all non-academic requirements mandated for graduation from a
high school under this Code that would otherwise prohibit or
prevent a student from participating in a registered
apprenticeship program.
(Source: P.A. 100-992, eff. 8-20-18; revised 10-16-18.)
 
    (105 ILCS 5/3-15.12a)
    Sec. 3-15.12a. Alternate route to high school diploma for
adult learners.
    (a) The purpose of Public Act 100-514 this amendatory Act
of the 100th General Assembly is to provide eligible applicants
that have been or are unable to establish agreements with a
secondary or unit school district in the area in which the
applicant is located with a process for attaining the authority
to award high school diplomas to adult learners.
    (a-5) In this Section:
    "Adult learner" means a person ineligible for reenrollment
under subsection (b) of Section 26-2 of this Code and 34 CFR
300.102.
    "Board" means the Illinois Community College Board.
    "Eligible applicant" means a community college established
and operating under the authority of the Public Community
College Act; a non-profit entity in partnership with a regional
superintendent of schools; the chief administrator of an
intermediate service center that has the authority, under rules
adopted by the State Board of Education, to issue a high school
diploma; or a school district organized under Article 34 of
this Code. In order to be an eligible applicant, an entity
under this definition, other than a school district organized
under Article 34 of this Code, must provide evidence or other
documentation that it is or has been unable to establish an
agreement with a secondary or unit school district in which the
eligible applicant is located to provide a program in which
students who successfully complete the program can receive a
high school diploma from their school district of residence.
    "Executive Director" means the Executive Director of the
Illinois Community College Board.
    "High school diploma program for adult learners" means a
program approved to operate under this Section that provides a
program of alternative alterative study to adult learners
leading to the issuance of a high school diploma.
    (b) An eligible applicant is authorized to design a high
school diploma program for adult learners, to be approved by
the Board prior to implementation. A non-profit eligible
applicant shall operate this program only within the
jurisdictional authority of the regional superintendent of
schools, the chief administrator of an intermediate service
center, or a school district organized Article 34 of this Code
with whom the non-profit eligible applicant has entered into a
partnership. An approved program shall include, without
limitation, all of the following:
        (1) An administrative structure, program activities,
    program staff, a budget, and a specific curriculum that is
    consistent with Illinois Learning Standards, as well as
    Illinois content standards for adults, but may be different
    from a regular school program in terms of location, length
    of school day, program sequence, multidisciplinary
    courses, pace, instructional activities, or any
    combination of these.
        (2) Issuance of a high school diploma only if an adult
    learner meets all minimum requirements under this Code and
    its implementing rules for receipt of a high school
    diploma.
        (3) Specific academic, behavioral, and emotional
    support services to be offered to adult learners enrolled
    in the program.
        (4) Career and technical education courses that lead to
    industry certifications in high growth and in-demand
    industry sectors or dual credit courses from a regionally
    accredited post-secondary educational institution
    consistent with the Dual Credit Quality Act. The program
    may include partnering with a community college district to
    provide career and technical education courses that lead to
    industry certifications.
        (5) Specific program outcomes and goals and metrics to
    be used by the program to determine success.
        (6) The requirement that all instructional staff must
    hold an educator license valid for the high school grades
    issued under Article 21B of this Code.
        (7) Any other requirements adopted by rule by the
    Board.
    (c) Eligible applicants shall apply for approval of a high
school diploma program for adult learners to the Board on forms
prescribed by the Board.
        (1) Initial approval shall be for a period not to
    exceed 2 school years.
        (2) Renewal of approval shall be for a period not to
    exceed 4 school years and shall be contingent upon at least
    specific documented outcomes of student progression,
    graduation rates, and earning of industry-recognized
    credentials.
        (3) Program approval may be given only if the Executive
    Director determines that the eligible applicant has
    provided assurance through evidence of other documentation
    that it will meet the requirements of subsection (b) of
    this Section and any rules adopted by the Board. The Board
    shall make public any evaluation criteria it uses in making
    a determination of program approval or denial.
        (4) Notwithstanding anything in this Code to the
    contrary, a non-profit eligible applicant shall provide
    the following to the Board:
            (A) documentation that the non-profit entity will
        fulfill the requirements of subsection (b) of this
        Section;
            (B) evidence that the non-profit entity has the
        capacity to fulfill the requirements of this Section;
            (C) a description of the coordination and
        oversight that the eligible entity will provide in the
        administration of the program by the non-profit
        entity;
            (D) evidence that the non-profit entity has a
        history of providing services to adults 18 years of age
        or older whose educational and training opportunities
        have been limited by educational disadvantages,
        disabilities, and challenges.
        (5) If an eligible applicant that has been approved
    fails to meet any of the requirements of subsection (b) of
    this Section and any rules adopted by the Board, the
    Executive Director shall immediately initiate a process to
    revoke the eligible applicant's approval to provide the
    program, pursuant to rules adopted by the Board.
    (d) The Board may adopt any rules necessary to implement
this Section.
(Source: P.A. 100-514, eff. 9-22-17; revised 10-1-18.)
 
    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
    (Text of Section before amendment by P.A. 100-448)
    Sec. 10-17a. State, school district, and school report
cards.
    (1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.
    (2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data collected and maintained by
the State Board of Education related to the following:
        (A) school characteristics and student demographics,
    including average class size, average teaching experience,
    student racial/ethnic breakdown, and the percentage of
    students classified as low-income; the percentage of
    students classified as English learners; the percentage of
    students who have individualized education plans or 504
    plans that provide for special education services; the
    number and percentage of all students who have been
    assessed for placement in a gifted education or advanced
    academic program and, of those students: (i) the racial and
    ethnic breakdown, (ii) the percentage who are classified as
    low-income, and (iii) the number and percentage of students
    who received direct instruction from a teacher who holds a
    gifted education endorsement and, of those students, the
    percentage who are classified as low-income; the
    percentage of students scoring at the "exceeds
    expectations" level on the assessments required under
    Section 2-3.64a-5 of this Code; the percentage of students
    who annually transferred in or out of the school district;
    the per-pupil operating expenditure of the school
    district; and the per-pupil State average operating
    expenditure for the district type (elementary, high
    school, or unit);
        (B) curriculum information, including, where
    applicable, Advanced Placement, International
    Baccalaureate or equivalent courses, dual enrollment
    courses, foreign language classes, school personnel
    resources (including Career Technical Education teachers),
    before and after school programs, extracurricular
    activities, subjects in which elective classes are
    offered, health and wellness initiatives (including the
    average number of days of Physical Education per week per
    student), approved programs of study, awards received,
    community partnerships, and special programs such as
    programming for the gifted and talented, students with
    disabilities, and work-study students;
        (C) student outcomes, including, where applicable, the
    percentage of students deemed proficient on assessments of
    State standards, the percentage of students in the eighth
    grade who pass Algebra, the percentage of students enrolled
    in post-secondary institutions (including colleges,
    universities, community colleges, trade/vocational
    schools, and training programs leading to career
    certification within 2 semesters of high school
    graduation), the percentage of students graduating from
    high school who are college and career ready, and the
    percentage of graduates enrolled in community colleges,
    colleges, and universities who are in one or more courses
    that the community college, college, or university
    identifies as a developmental course;
        (D) student progress, including, where applicable, the
    percentage of students in the ninth grade who have earned 5
    credits or more without failing more than one core class, a
    measure of students entering kindergarten ready to learn, a
    measure of growth, and the percentage of students who enter
    high school on track for college and career readiness;
        (E) the school environment, including, where
    applicable, the percentage of students with less than 10
    absences in a school year, the percentage of teachers with
    less than 10 absences in a school year for reasons other
    than professional development, leaves taken pursuant to
    the federal Family Medical Leave Act of 1993, long-term
    disability, or parental leaves, the 3-year average of the
    percentage of teachers returning to the school from the
    previous year, the number of different principals at the
    school in the last 6 years, the number of teachers who hold
    a gifted education endorsement, the process and criteria
    used by the district to determine whether a student is
    eligible for participation in a gifted education program or
    advanced academic program and the manner in which parents
    and guardians are made aware of the process and criteria, 2
    or more indicators from any school climate survey selected
    or approved by the State and administered pursuant to
    Section 2-3.153 of this Code, with the same or similar
    indicators included on school report cards for all surveys
    selected or approved by the State pursuant to Section
    2-3.153 of this Code, and the combined percentage of
    teachers rated as proficient or excellent in their most
    recent evaluation;
        (F) a school district's and its individual schools'
    balanced accountability measure, in accordance with
    Section 2-3.25a of this Code;
        (G) the total and per pupil normal cost amount the
    State contributed to the Teachers' Retirement System of the
    State of Illinois in the prior fiscal year for the school's
    employees, which shall be reported to the State Board of
    Education by the Teachers' Retirement System of the State
    of Illinois;
        (H) for a school district organized under Article 34 of
    this Code only, State contributions to the Public School
    Teachers' Pension and Retirement Fund of Chicago and State
    contributions for health care for employees of that school
    district;
        (I) a school district's Final Percent of Adequacy, as
    defined in paragraph (4) of subsection (f) of Section
    18-8.15 of this Code;
        (J) a school district's Local Capacity Target, as
    defined in paragraph (2) of subsection (c) of Section
    18-8.15 of this Code, displayed as a percentage amount;
        (K) a school district's Real Receipts, as defined in
    paragraph (1) of subsection (d) of Section 18-8.15 of this
    Code, divided by a school district's Adequacy Target, as
    defined in paragraph (1) of subsection (b) of Section
    18-8.15 of this Code, displayed as a percentage amount; and
        (L) a school district's administrative costs; and .
        (M) (L) whether or not the school has participated in
    the Illinois Youth Survey. In this paragraph (M) (L),
    "Illinois Youth Survey" means a self-report survey,
    administered in school settings every 2 years, designed to
    gather information about health and social indicators,
    including substance abuse patterns and the attitudes of
    students in grades 8, 10, and 12.
    The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
    As used in this subsection (2):
    "Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
    "Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive ability
or advanced academic achievement compared to local age peers
and in which the curriculum is substantially differentiated
from the general curriculum to provide appropriate challenge
and pace.
    "Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
    (3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a
subset of the information identified in paragraphs (A) through
(E) of subsection (2) of this Section.
    (4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
    (5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of general
circulation serving the district, and, upon request, send the
report cards home to a parent (unless the district does not
maintain an Internet web site, in which case the report card
shall be sent home to parents without request). If the district
posts the report card on its Internet web site, the district
shall send a written notice home to parents stating (i) that
the report card is available on the web site, (ii) the address
of the web site, (iii) that a printed copy of the report card
will be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the
report card.
    (6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
1-1-18; 100-465, eff. 8-31-17; 100-807, eff. 8-10-18; 100-863,
eff. 8-14-18; 100-1121, eff. 1-1-19; revised 12-19-18.)
 
    (Text of Section after amendment by P.A. 100-448)
    Sec. 10-17a. State, school district, and school report
cards.
    (1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.
    (2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data collected and maintained by
the State Board of Education related to the following:
        (A) school characteristics and student demographics,
    including average class size, average teaching experience,
    student racial/ethnic breakdown, and the percentage of
    students classified as low-income; the percentage of
    students classified as English learners; the percentage of
    students who have individualized education plans or 504
    plans that provide for special education services; the
    number and percentage of all students who have been
    assessed for placement in a gifted education or advanced
    academic program and, of those students: (i) the racial and
    ethnic breakdown, (ii) the percentage who are classified as
    low-income, and (iii) the number and percentage of students
    who received direct instruction from a teacher who holds a
    gifted education endorsement and, of those students, the
    percentage who are classified as low-income; the
    percentage of students scoring at the "exceeds
    expectations" level on the assessments required under
    Section 2-3.64a-5 of this Code; the percentage of students
    who annually transferred in or out of the school district;
    average daily attendance; the per-pupil operating
    expenditure of the school district; and the per-pupil State
    average operating expenditure for the district type
    (elementary, high school, or unit);
        (B) curriculum information, including, where
    applicable, Advanced Placement, International
    Baccalaureate or equivalent courses, dual enrollment
    courses, foreign language classes, school personnel
    resources (including Career Technical Education teachers),
    before and after school programs, extracurricular
    activities, subjects in which elective classes are
    offered, health and wellness initiatives (including the
    average number of days of Physical Education per week per
    student), approved programs of study, awards received,
    community partnerships, and special programs such as
    programming for the gifted and talented, students with
    disabilities, and work-study students;
        (C) student outcomes, including, where applicable, the
    percentage of students deemed proficient on assessments of
    State standards, the percentage of students in the eighth
    grade who pass Algebra, the percentage of students enrolled
    in post-secondary institutions (including colleges,
    universities, community colleges, trade/vocational
    schools, and training programs leading to career
    certification within 2 semesters of high school
    graduation), the percentage of students graduating from
    high school who are college and career ready, and the
    percentage of graduates enrolled in community colleges,
    colleges, and universities who are in one or more courses
    that the community college, college, or university
    identifies as a developmental course;
        (D) student progress, including, where applicable, the
    percentage of students in the ninth grade who have earned 5
    credits or more without failing more than one core class, a
    measure of students entering kindergarten ready to learn, a
    measure of growth, and the percentage of students who enter
    high school on track for college and career readiness;
        (E) the school environment, including, where
    applicable, the percentage of students with less than 10
    absences in a school year, the percentage of teachers with
    less than 10 absences in a school year for reasons other
    than professional development, leaves taken pursuant to
    the federal Family Medical Leave Act of 1993, long-term
    disability, or parental leaves, the 3-year average of the
    percentage of teachers returning to the school from the
    previous year, the number of different principals at the
    school in the last 6 years, the number of teachers who hold
    a gifted education endorsement, the process and criteria
    used by the district to determine whether a student is
    eligible for participation in a gifted education program or
    advanced academic program and the manner in which parents
    and guardians are made aware of the process and criteria, 2
    or more indicators from any school climate survey selected
    or approved by the State and administered pursuant to
    Section 2-3.153 of this Code, with the same or similar
    indicators included on school report cards for all surveys
    selected or approved by the State pursuant to Section
    2-3.153 of this Code, and the combined percentage of
    teachers rated as proficient or excellent in their most
    recent evaluation;
        (F) a school district's and its individual schools'
    balanced accountability measure, in accordance with
    Section 2-3.25a of this Code;
        (G) the total and per pupil normal cost amount the
    State contributed to the Teachers' Retirement System of the
    State of Illinois in the prior fiscal year for the school's
    employees, which shall be reported to the State Board of
    Education by the Teachers' Retirement System of the State
    of Illinois;
        (H) for a school district organized under Article 34 of
    this Code only, State contributions to the Public School
    Teachers' Pension and Retirement Fund of Chicago and State
    contributions for health care for employees of that school
    district;
        (I) a school district's Final Percent of Adequacy, as
    defined in paragraph (4) of subsection (f) of Section
    18-8.15 of this Code;
        (J) a school district's Local Capacity Target, as
    defined in paragraph (2) of subsection (c) of Section
    18-8.15 of this Code, displayed as a percentage amount;
        (K) a school district's Real Receipts, as defined in
    paragraph (1) of subsection (d) of Section 18-8.15 of this
    Code, divided by a school district's Adequacy Target, as
    defined in paragraph (1) of subsection (b) of Section
    18-8.15 of this Code, displayed as a percentage amount; and
        (L) a school district's administrative costs; and .
        (M) (L) whether or not the school has participated in
    the Illinois Youth Survey. In this paragraph (M) (L),
    "Illinois Youth Survey" means a self-report survey,
    administered in school settings every 2 years, designed to
    gather information about health and social indicators,
    including substance abuse patterns and the attitudes of
    students in grades 8, 10, and 12.
    The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
    As used in this subsection (2):
    "Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
    "Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive ability
or advanced academic achievement compared to local age peers
and in which the curriculum is substantially differentiated
from the general curriculum to provide appropriate challenge
and pace.
    "Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
    For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance by
Section 26-1 of this Code at each school and charter school.
    (3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a
subset of the information identified in paragraphs (A) through
(E) of subsection (2) of this Section. The school district
report card shall include the average daily attendance, as that
term is defined in subsection (2) of this Section, of students
who have individualized education programs and students who
have 504 plans that provide for special education services
within the school district.
    (4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
    (5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of general
circulation serving the district, and, upon request, send the
report cards home to a parent (unless the district does not
maintain an Internet web site, in which case the report card
shall be sent home to parents without request). If the district
posts the report card on its Internet web site, the district
shall send a written notice home to parents stating (i) that
the report card is available on the web site, (ii) the address
of the web site, (iii) that a printed copy of the report card
will be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the
report card.
    (6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
1-1-18; 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807,
eff. 8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19;
revised 12-19-18.)
 
    (105 ILCS 5/10-20.67)
    (Section scheduled to be repealed on July 1, 2023)
    Sec. 10-20.67. Short-term substitute teacher training.
    (a) Each school board shall, in collaboration with its
teachers or, if applicable, the exclusive bargaining
representative of its teachers, jointly develop a short-term
substitute teacher training program that provides individuals
who hold a Short-Term Substitute Teaching License under Section
21B-20 of this Code with information on curriculum, classroom
management techniques, school safety, and district and
building operations. The State Board of Education may develop a
model short-term substitute teacher training program for use by
a school board under this subsection (a) if the school board
and its teachers or, if applicable, the exclusive bargaining
representative of its teachers agree to use the State Board's
model. A school board with a substitute teacher training
program in place before July 1, 2018 (the effective date of
Public Act 100-596) this amendatory Act of the 100th General
Assembly may utilize that program to satisfy the requirements
of this subsection (a).
    (b) Nothing in this Section prohibits a school board from
offering substitute training to substitute teachers licensed
under paragraph (3) of Section 21B-20 of this Code or to
substitute teachers holding a Professional Educator License.
    (c) This Section is repealed on July 1, 2023.
(Source: P.A. 100-596, eff. 7-1-18; revised 10-22-18.)
 
    (105 ILCS 5/10-20.68)
    Sec. 10-20.68 10-20.67. School resource officer.
    (a) In this Section, "school resource officer" means a law
enforcement officer who has been primarily assigned to a school
or school district under an agreement with a local law
enforcement agency.
    (b) Beginning January 1, 2021, any law enforcement agency
that provides a school resource officer under this Section
shall provide to the school district a certificate of
completion, or approved waiver, issued by the Illinois Law
Enforcement Training Standards Board under Section 10.22 of the
Illinois Police Training Act indicating that the subject
officer has completed the requisite course of instruction in
the applicable subject areas within one year of assignment, or
has prior experience and training which satisfies this
requirement.
    (c) In an effort to defray the related costs, any law
enforcement agency that provides a school resource officer
should apply for grant funding through the federal Community
Oriented Policing Services grant program.
(Source: P.A. 100-984, eff. 1-1-19; revised 10-22-18.)
 
    (105 ILCS 5/10-22.3f)
    Sec. 10-22.3f. Required health benefits. Insurance
protection and benefits for employees shall provide the
post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t and
the coverage required under Sections 356g, 356g.5, 356g.5-1,
356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
356z.13, 356z.14, 356z.15, 356z.22, 356z.25, and 356z.26, and
356z.29, and 356z.32 of the Illinois Insurance Code. Insurance
policies shall comply with Section 356z.19 of the Illinois
Insurance Code. The coverage shall comply with Sections
155.22a, 355b, and 370c of the Illinois Insurance Code. The
Department of Insurance shall enforce the requirements of this
Section.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)
 
    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
    Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
    (a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board, he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written
expulsion decision shall detail the specific reasons why
removing the pupil from the learning environment is in the best
interest of the school. The expulsion decision shall also
include a rationale as to the specific duration of the
expulsion. An expelled pupil may be immediately transferred to
an alternative program in the manner provided in Article 13A or
13B of this Code. A pupil must not be denied transfer because
of the expulsion, except in cases in which such transfer is
deemed to cause a threat to the safety of students or staff in
the alternative program.
    (b) To suspend or by policy to authorize the superintendent
of the district or the principal, assistant principal, or dean
of students of any school to suspend pupils guilty of gross
disobedience or misconduct, or to suspend pupils guilty of
gross disobedience or misconduct on the school bus from riding
the school bus, pursuant to subsections (b-15) and (b-20) of
this Section, and no action shall lie against them for such
suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of such acts for a period not to exceed 10 school days.
If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of
10 school days for safety reasons.
    Any suspension shall be reported immediately to the parents
or guardian of a pupil along with a full statement of the
reasons for such suspension and a notice of their right to a
review. The school board must be given a summary of the notice,
including the reason for the suspension and the suspension
length. Upon request of the parents or guardian, the school
board or a hearing officer appointed by it shall review such
action of the superintendent or principal, assistant
principal, or dean of students. At such review, the parents or
guardian of the pupil may appear and discuss the suspension
with the board or its hearing officer. If a hearing officer is
appointed by the board, he shall report to the board a written
summary of the evidence heard at the meeting. After its hearing
or upon receipt of the written report of its hearing officer,
the board may take such action as it finds appropriate. If a
student is suspended pursuant to this subsection (b), the board
shall, in the written suspension decision, detail the specific
act of gross disobedience or misconduct resulting in the
decision to suspend. The suspension decision shall also include
a rationale as to the specific duration of the suspension. A
pupil who is suspended in excess of 20 school days may be
immediately transferred to an alternative program in the manner
provided in Article 13A or 13B of this Code. A pupil must not
be denied transfer because of the suspension, except in cases
in which such transfer is deemed to cause a threat to the
safety of students or staff in the alternative program.
    (b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
    (b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or expel
students for particular behaviors.
    (b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the length
of suspensions to the greatest extent practicable.
    (b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose a
threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this Section
or the expulsion decision described in subsection (a) of this
Section, it shall be documented whether other interventions
were attempted or whether it was determined that there were no
other appropriate and available interventions.
    (b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
    A school district may refer students who are expelled to
appropriate and available support services.
    A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
    (b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parent or guardian to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
    (c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
    (c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
    (d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have brought
one of the following objects to school, any school-sponsored
activity or event, or any activity or event that bears a
reasonable relationship to school shall be expelled for a
period of not less than one year:
        (1) A firearm. For the purposes of this Section,
    "firearm" means any gun, rifle, shotgun, weapon as defined
    by Section 921 of Title 18 of the United States Code,
    firearm as defined in Section 1.1 of the Firearm Owners
    Identification Card Act, or firearm as defined in Section
    24-1 of the Criminal Code of 2012. The expulsion period
    under this subdivision (1) may be modified by the
    superintendent, and the superintendent's determination may
    be modified by the board on a case-by-case basis.
        (2) A knife, brass knuckles or other knuckle weapon
    regardless of its composition, a billy club, or any other
    object if used or attempted to be used to cause bodily
    harm, including "look alikes" of any firearm as defined in
    subdivision (1) of this subsection (d). The expulsion
    requirement under this subdivision (2) may be modified by
    the superintendent, and the superintendent's determination
    may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Federal Individuals with
Disabilities Education Act. A student who is subject to
suspension or expulsion as provided in this Section may be
eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code.
    (d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within the
school grounds at the time the threat was made, and (iii) the
threat could be reasonably interpreted as threatening to the
safety and security of the threatened individual because of his
or her duties or employment status or status as a student
inside the school.
    (e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
    (f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
    (g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A of
this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program.
    (h) School officials shall not advise or encourage students
to drop out voluntarily due to behavioral or academic
difficulties.
    (i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen, or
damaged property.
    (j) Subsections (a) through (i) of this Section shall apply
to elementary and secondary schools, charter schools, special
charter districts, and school districts organized under
Article 34 of this Code.
    (k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of this
Code.
    (l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed mental
health professional to oversee an in-school suspension program
in kindergarten through grade 12.
(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff.
8-22-18; revised 10-1-18.)
 
    (105 ILCS 5/10-29)
    Sec. 10-29. Remote educational programs.
    (a) For purposes of this Section, "remote educational
program" means an educational program delivered to students in
the home or other location outside of a school building that
meets all of the following criteria:
        (1) A student may participate in the program only after
    the school district, pursuant to adopted school board
    policy, and a person authorized to enroll the student under
    Section 10-20.12b of this Code determine that a remote
    educational program will best serve the student's
    individual learning needs. The adopted school board policy
    shall include, but not be limited to, all of the following:
            (A) Criteria for determining that a remote
        educational program will best serve a student's
        individual learning needs. The criteria must include
        consideration of, at a minimum, a student's prior
        attendance, disciplinary record, and academic history.
            (B) Any limitations on the number of students or
        grade levels that may participate in a remote
        educational program.
            (C) A description of the process that the school
        district will use to approve participation in the
        remote educational program. The process must include
        without limitation a requirement that, for any student
        who qualifies to receive services pursuant to the
        federal Individuals with Disabilities Education
        Improvement Act of 2004, the student's participation
        in a remote educational program receive prior approval
        from the student's individualized education program
        team.
            (D) A description of the process the school
        district will use to develop and approve a written
        remote educational plan that meets the requirements of
        subdivision (5) of this subsection (a).
            (E) A description of the system the school district
        will establish to determine student participation in
        instruction in accordance with the remote educational
        program.
            (F) A description of the process for renewing a
        remote educational program at the expiration of its
        term.
            (G) Such other terms and provisions as the school
        district deems necessary to provide for the
        establishment and delivery of a remote educational
        program.
        (2) The school district has determined that the remote
    educational program's curriculum is aligned to State
    learning standards and that the program offers instruction
    and educational experiences consistent with those given to
    students at the same grade level in the district.
        (3) The remote educational program is delivered by
    instructors that meet the following qualifications:
            (A) they are certificated under Article 21 of this
        Code;
            (B) (blank); and
            (C) they have responsibility for all of the
        following elements of the program: planning
        instruction, diagnosing learning needs, prescribing
        content delivery through class activities, assessing
        learning, reporting outcomes to administrators and
        parents and guardians, and evaluating the effects of
        instruction.
        (4) During the period of time from and including the
    opening date to the closing date of the regular school term
    of the school district established pursuant to Section
    10-19 of this Code, participation in a remote educational
    program may be claimed for evidence-based funding purposes
    under Section 18-8.15 of this Code on any calendar day,
    notwithstanding whether the day is a day of pupil
    attendance or institute day on the school district's
    calendar or any other provision of law restricting
    instruction on that day. If the district holds year-round
    classes in some buildings, the district shall classify each
    student's participation in a remote educational program as
    either on a year-round or a non-year-round schedule for
    purposes of claiming evidence-based funding. Outside of
    the regular school term of the district, the remote
    educational program may be offered as part of any summer
    school program authorized by this Code.
        (5) Each student participating in a remote educational
    program must have a written remote educational plan that
    has been approved by the school district and a person
    authorized to enroll the student under Section 10-20.12b of
    this Code. The school district and a person authorized to
    enroll the student under Section 10-20.12b of this Code
    must approve any amendment to a remote educational plan.
    The remote educational plan must include, but is not
    limited to, all of the following:
            (A) Specific achievement goals for the student
        aligned to State learning standards.
            (B) A description of all assessments that will be
        used to measure student progress, which description
        shall indicate the assessments that will be
        administered at an attendance center within the school
        district.
            (C) A description of the progress reports that will
        be provided to the school district and the person or
        persons authorized to enroll the student under Section
        10-20.12b of this Code.
            (D) Expectations, processes, and schedules for
        interaction between a teacher and student.
            (E) A description of the specific responsibilities
        of the student's family and the school district with
        respect to equipment, materials, phone and Internet
        service, and any other requirements applicable to the
        home or other location outside of a school building
        necessary for the delivery of the remote educational
        program.
            (F) If applicable, a description of how the remote
        educational program will be delivered in a manner
        consistent with the student's individualized education
        program required by Section 614(d) of the federal
        Individuals with Disabilities Education Improvement
        Act of 2004 or plan to ensure compliance with Section
        504 of the federal Rehabilitation Act of 1973.
            (G) A description of the procedures and
        opportunities for participation in academic and
        extracurricular extra-curricular activities and
        programs within the school district.
            (H) The identification of a parent, guardian, or
        other responsible adult who will provide direct
        supervision of the program. The plan must include an
        acknowledgment by the parent, guardian, or other
        responsible adult that he or she may engage only in
        non-teaching duties not requiring instructional
        judgment or the evaluation of a student. The plan shall
        designate the parent, guardian, or other responsible
        adult as non-teaching personnel or volunteer personnel
        under subsection (a) of Section 10-22.34 of this Code.
            (I) The identification of a school district
        administrator who will oversee the remote educational
        program on behalf of the school district and who may be
        contacted by the student's parents with respect to any
        issues or concerns with the program.
            (J) The term of the student's participation in the
        remote educational program, which may not extend for
        longer than 12 months, unless the term is renewed by
        the district in accordance with subdivision (7) of this
        subsection (a).
            (K) A description of the specific location or
        locations in which the program will be delivered. If
        the remote educational program is to be delivered to a
        student in any location other than the student's home,
        the plan must include a written determination by the
        school district that the location will provide a
        learning environment appropriate for the delivery of
        the program. The location or locations in which the
        program will be delivered shall be deemed a long
        distance teaching reception area under subsection (a)
        of Section 10-22.34 of this Code.
            (L) Certification by the school district that the
        plan meets all other requirements of this Section.
        (6) Students participating in a remote educational
    program must be enrolled in a school district attendance
    center pursuant to the school district's enrollment policy
    or policies. A student participating in a remote
    educational program must be tested as part of all
    assessments administered by the school district pursuant
    to Section 2-3.64a-5 of this Code at the attendance center
    in which the student is enrolled and in accordance with the
    attendance center's assessment policies and schedule. The
    student must be included within all accountability
    determinations for the school district and attendance
    center under State and federal law.
        (7) The term of a student's participation in a remote
    educational program may not extend for longer than 12
    months, unless the term is renewed by the school district.
    The district may only renew a student's participation in a
    remote educational program following an evaluation of the
    student's progress in the program, a determination that the
    student's continuation in the program will best serve the
    student's individual learning needs, and an amendment to
    the student's written remote educational plan addressing
    any changes for the upcoming term of the program.
    For purposes of this Section, a remote educational program
does not include instruction delivered to students through an
e-learning program approved under Section 10-20.56 of this
Code.
    (b) A school district may, by resolution of its school
board, establish a remote educational program.
    (c) (Blank).
    (d) The impact of remote educational programs on wages,
hours, and terms and conditions of employment of educational
employees within the school district shall be subject to local
collective bargaining agreements.
    (e) The use of a home or other location outside of a school
building for a remote educational program shall not cause the
home or other location to be deemed a public school facility.
    (f) A remote educational program may be used, but is not
required, for instruction delivered to a student in the home or
other location outside of a school building that is not claimed
for evidence-based funding purposes under Section 18-8.15 of
this Code.
    (g) School districts that, pursuant to this Section, adopt
a policy for a remote educational program must submit to the
State Board of Education a copy of the policy and any
amendments thereto, as well as data on student participation in
a format specified by the State Board of Education. The State
Board of Education may perform or contract with an outside
entity to perform an evaluation of remote educational programs
in this State.
    (h) The State Board of Education may adopt any rules
necessary to ensure compliance by remote educational programs
with the requirements of this Section and other applicable
legal requirements.
(Source: P.A. 99-193, eff. 7-30-15; 99-194, eff. 7-30-15;
99-642, eff. 7-28-16; 100-465, eff. 8-31-17; 100-1046, eff.
8-23-18; revised 10-4-18.)
 
    (105 ILCS 5/21B-20)
    Sec. 21B-20. Types of licenses. The State Board of
Education shall implement a system of educator licensure,
whereby individuals employed in school districts who are
required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) an educator
license with stipulations; (iii) a substitute teaching
license; or (iv) until June 30, 2023, a short-term substitute
teaching license. References in law regarding individuals
certified or certificated or required to be certified or
certificated under Article 21 of this Code shall also include
individuals licensed or required to be licensed under this
Article. The first year of all licenses ends on June 30
following one full year of the license being issued.
    The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
        (1) Professional Educator License. Persons who (i)
    have successfully completed an approved educator
    preparation program and are recommended for licensure by
    the Illinois institution offering the educator preparation
    program, (ii) have successfully completed the required
    testing under Section 21B-30 of this Code, (iii) have
    successfully completed coursework on the psychology of,
    the identification of, and the methods of instruction for
    the exceptional child, including without limitation
    children with learning disabilities, (iv) have
    successfully completed coursework in methods of reading
    and reading in the content area, and (v) have met all other
    criteria established by rule of the State Board of
    Education shall be issued a Professional Educator License.
    All Professional Educator Licenses are valid until June 30
    immediately following 5 years of the license being issued.
    The Professional Educator License shall be endorsed with
    specific areas and grade levels in which the individual is
    eligible to practice.
        Individuals can receive subsequent endorsements on the
    Professional Educator License. Subsequent endorsements
    shall require a minimum of 24 semester hours of coursework
    in the endorsement area and passage of the applicable
    content area test, unless otherwise specified by rule.
        (2) Educator License with Stipulations. An Educator
    License with Stipulations shall be issued an endorsement
    that limits the license holder to one particular position
    or does not require completion of an approved educator
    program or both.
        An individual with an Educator License with
    Stipulations must not be employed by a school district or
    any other entity to replace any presently employed teacher
    who otherwise would not be replaced for any reason.
        An Educator License with Stipulations may be issued
    with the following endorsements:
            (A) (Blank). A A provisional educator endorsement
        for a service member or a spouse of a service member is
        valid until June 30 immediately following 3 years of
        the license being issued, provided that any remaining
        testing and coursework deficiencies are met under this
        Section. In this Section, "spouse of a service member"
        means any person who, at the time of application under
        this Section, is the spouse of an active duty member of
        the United States Armed Forces or any reserve component
        of the United States Armed Forces or the National Guard
        of any state, commonwealth, or territory of the United
        States or the District of Columbia.
            Except as otherwise provided under this
        subparagraph, a
            (B) Alternative provisional educator. An
        alternative provisional educator endorsement on an
        Educator License with Stipulations may be issued to an
        applicant who, at the time of applying for the
        endorsement, has done all of the following:
                (i) Graduated from a regionally accredited
            college or university with a minimum of a
            bachelor's degree.
                (ii) Successfully completed the first phase of
            the Alternative Educator Licensure Program for
            Teachers, as described in Section 21B-50 of this
            Code.
                (iii) Passed a test of basic skills and content
            area test, as required under Section 21B-30 of this
            Code.
        The alternative provisional educator endorsement is
    valid for 2 years of teaching and may be renewed for a
    third year by an individual meeting the requirements set
    forth in Section 21B-50 of this Code.
            (C) Alternative provisional superintendent. An
        alternative provisional superintendent endorsement on
        an Educator License with Stipulations entitles the
        holder to serve only as a superintendent or assistant
        superintendent in a school district's central office.
        This endorsement may only be issued to an applicant
        who, at the time of applying for the endorsement, has
        done all of the following:
                (i) Graduated from a regionally accredited
            college or university with a minimum of a master's
            degree in a management field other than education.
                (ii) Been employed for a period of at least 5
            years in a management level position in a field
            other than education.
                (iii) Successfully completed the first phase
            of an alternative route to superintendent
            endorsement program, as provided in Section 21B-55
            of this Code.
                (iv) Passed a test of basic skills and content
            area tests required under Section 21B-30 of this
            Code.
            The endorsement is valid for 2 fiscal years in
        order to complete one full year of serving as a
        superintendent or assistant superintendent.
            (D) (Blank).
            (E) Career and technical educator. A career and
        technical educator endorsement on an Educator License
        with Stipulations may be issued to an applicant who has
        a minimum of 60 semester hours of coursework from a
        regionally accredited institution of higher education
        or an accredited trade and technical institution and
        has a minimum of 2,000 hours of experience outside of
        education in each area to be taught.
            The career and technical educator endorsement on
        an Educator License with Stipulations is valid until
        June 30 immediately following 5 years of the
        endorsement being issued and may be renewed. For
        individuals who were issued the career and technical
        educator endorsement on an Educator License with
        Stipulations on or after January 1, 2015, the license
        may be renewed if the individual passes a test of basic
        skills or test of work proficiency, as required under
        Section 21B-30 of this Code.
            An individual who holds a valid career and
        technical educator endorsement on an Educator License
        with Stipulations but does not hold a bachelor's degree
        may substitute teach in career and technical education
        classrooms.
            (F) Part-time provisional career and technical
        educator or provisional career and technical educator.
        A part-time provisional career and technical educator
        endorsement or a provisional career and technical
        educator endorsement on an Educator License with
        Stipulations may be issued to an applicant who has a
        minimum of 8,000 hours of work experience in the skill
        for which the applicant is seeking the endorsement. It
        is the responsibility of each employing school board
        and regional office of education to provide
        verification, in writing, to the State Superintendent
        of Education at the time the application is submitted
        that no qualified teacher holding a Professional
        Educator License or an Educator License with
        Stipulations with a career and technical educator
        endorsement is available and that actual circumstances
        require such issuance.
            The provisional career and technical educator
        endorsement on an Educator License with Stipulations
        is valid until June 30 immediately following 5 years of
        the endorsement being issued and may be renewed for 5
        years. For individuals who were issued the provisional
        career and technical educator endorsement on an
        Educator License with Stipulations on or after January
        1, 2015, the license may be renewed if the individual
        passes a test of basic skills or test of work
        proficiency, as required under Section 21B-30 of this
        Code.
            A part-time provisional career and technical
        educator endorsement on an Educator License with
        Stipulations may be issued for teaching no more than 2
        courses of study for grades 6 through 12. The part-time
        provisional career and technical educator endorsement
        on an Educator License with Stipulations is valid until
        June 30 immediately following 5 years of the
        endorsement being issued and may be renewed for 5 years
        if the individual makes application for renewal.
            An individual who holds a provisional or part-time
        provisional career and technical educator endorsement
        on an Educator License with Stipulations but does not
        hold a bachelor's degree may substitute teach in career
        and technical education classrooms.
            (G) Transitional bilingual educator. A
        transitional bilingual educator endorsement on an
        Educator License with Stipulations may be issued for
        the purpose of providing instruction in accordance
        with Article 14C of this Code to an applicant who
        provides satisfactory evidence that he or she meets all
        of the following requirements:
                (i) Possesses adequate speaking, reading, and
            writing ability in the language other than English
            in which transitional bilingual education is
            offered.
                (ii) Has the ability to successfully
            communicate in English.
                (iii) Either possessed, within 5 years
            previous to his or her applying for a transitional
            bilingual educator endorsement, a valid and
            comparable teaching certificate or comparable
            authorization issued by a foreign country or holds
            a degree from an institution of higher learning in
            a foreign country that the State Educator
            Preparation and Licensure Board determines to be
            the equivalent of a bachelor's degree from a
            regionally accredited institution of higher
            learning in the United States.
            A transitional bilingual educator endorsement
        shall be valid for prekindergarten through grade 12, is
        valid until June 30 immediately following 5 years of
        the endorsement being issued, and shall not be renewed.
            Persons holding a transitional bilingual educator
        endorsement shall not be employed to replace any
        presently employed teacher who otherwise would not be
        replaced for any reason.
            (H) Language endorsement. In an effort to
        alleviate the shortage of teachers speaking a language
        other than English in the public schools, an individual
        who holds an Educator License with Stipulations may
        also apply for a language endorsement, provided that
        the applicant provides satisfactory evidence that he
        or she meets all of the following requirements:
                (i) Holds a transitional bilingual
            endorsement.
                (ii) Has demonstrated proficiency in the
            language for which the endorsement is to be issued
            by passing the applicable language content test
            required by the State Board of Education.
                (iii) Holds a bachelor's degree or higher from
            a regionally accredited institution of higher
            education or, for individuals educated in a
            country other than the United States, holds a
            degree from an institution of higher learning in a
            foreign country that the State Educator
            Preparation and Licensure Board determines to be
            the equivalent of a bachelor's degree from a
            regionally accredited institution of higher
            learning in the United States.
                (iv) Has passed a test of basic skills, as
            required under Section 21B-30 of this Code.
            A language endorsement on an Educator License with
        Stipulations is valid for prekindergarten through
        grade 12 for the same validity period as the
        individual's transitional bilingual educator
        endorsement on the Educator License with Stipulations
        and shall not be renewed.
            (I) Visiting international educator. A visiting
        international educator endorsement on an Educator
        License with Stipulations may be issued to an
        individual who is being recruited by a particular
        school district that conducts formal recruitment
        programs outside of the United States to secure the
        services of qualified teachers and who meets all of the
        following requirements:
                (i) Holds the equivalent of a minimum of a
            bachelor's degree issued in the United States.
                (ii) Has been prepared as a teacher at the
            grade level for which he or she will be employed.
                (iii) Has adequate content knowledge in the
            subject to be taught.
                (iv) Has an adequate command of the English
            language.
            A holder of a visiting international educator
        endorsement on an Educator License with Stipulations
        shall be permitted to teach in bilingual education
        programs in the language that was the medium of
        instruction in his or her teacher preparation program,
        provided that he or she passes the English Language
        Proficiency Examination or another test of writing
        skills in English identified by the State Board of
        Education, in consultation with the State Educator
        Preparation and Licensure Board.
            A visiting international educator endorsement on
        an Educator License with Stipulations is valid for 3
        years and shall not be renewed.
            (J) Paraprofessional educator. A paraprofessional
        educator endorsement on an Educator License with
        Stipulations may be issued to an applicant who holds a
        high school diploma or its recognized equivalent and
        either holds an associate's degree or a minimum of 60
        semester hours of credit from a regionally accredited
        institution of higher education or has passed a test of
        basic skills required under Section 21B-30 of this
        Code. The paraprofessional educator endorsement is
        valid until June 30 immediately following 5 years of
        the endorsement being issued and may be renewed through
        application and payment of the appropriate fee, as
        required under Section 21B-40 of this Code. An
        individual who holds only a paraprofessional educator
        endorsement is not subject to additional requirements
        in order to renew the endorsement.
            (K) Chief school business official. A chief school
        business official endorsement on an Educator License
        with Stipulations may be issued to an applicant who
        qualifies by having a master's degree or higher, 2
        years of full-time administrative experience in school
        business management or 2 years of university-approved
        practical experience, and a minimum of 24 semester
        hours of graduate credit in a program approved by the
        State Board of Education for the preparation of school
        business administrators and by passage of the
        applicable State tests, including a test of basic
        skills and applicable content area test.
            The chief school business official endorsement may
        also be affixed to the Educator License with
        Stipulations of any holder who qualifies by having a
        master's degree in business administration, finance,
        accounting, or public administration and who completes
        an additional 6 semester hours of internship in school
        business management from a regionally accredited
        institution of higher education and passes the
        applicable State tests, including a test of basic
        skills and applicable content area test. This
        endorsement shall be required for any individual
        employed as a chief school business official.
            The chief school business official endorsement on
        an Educator License with Stipulations is valid until
        June 30 immediately following 5 years of the
        endorsement being issued and may be renewed if the
        license holder completes renewal requirements as
        required for individuals who hold a Professional
        Educator License endorsed for chief school business
        official under Section 21B-45 of this Code and such
        rules as may be adopted by the State Board of
        Education.
            The State Board of Education shall adopt any rules
        necessary to implement Public Act 100-288.
            (L) Provisional in-state educator. A provisional
        in-state educator endorsement on an Educator License
        with Stipulations may be issued to a candidate who has
        completed an Illinois-approved educator preparation
        program at an Illinois institution of higher education
        and who has not successfully completed an
        evidence-based assessment of teacher effectiveness but
        who meets all of the following requirements:
                (i) Holds at least a bachelor's degree.
                (ii) Has completed an approved educator
            preparation program at an Illinois institution.
                (iii) Has passed a test of basic skills and
            applicable content area test, as required by
            Section 21B-30 of this Code.
                (iv) Has attempted an evidence-based
            assessment of teacher effectiveness and received a
            minimum score on that assessment, as established
            by the State Board of Education in consultation
            with the State Educator Preparation and Licensure
            Board.
            A provisional in-state educator endorsement on an
        Educator License with Stipulations is valid for one
        full fiscal year after the date of issuance and may not
        be renewed.
            (M) School support personnel intern. A school
        support personnel intern endorsement on an Educator
        License with Stipulations may be issued as specified by
        rule.
            (N) Special education area. A special education
        area endorsement on an Educator License with
        Stipulations may be issued as defined and specified by
        rule.
        (3) Substitute Teaching License. A Substitute Teaching
    License may be issued to qualified applicants for
    substitute teaching in all grades of the public schools,
    prekindergarten through grade 12. Substitute Teaching
    Licenses are not eligible for endorsements. Applicants for
    a Substitute Teaching License must hold a bachelor's degree
    or higher from a regionally accredited institution of
    higher education.
        Substitute Teaching Licenses are valid for 5 years.
        Substitute Teaching Licenses are valid for substitute
    teaching in every county of this State. If an individual
    has had his or her Professional Educator License or
    Educator License with Stipulations suspended or revoked,
    then that individual is not eligible to obtain a Substitute
    Teaching License.
        A substitute teacher may only teach in the place of a
    licensed teacher who is under contract with the employing
    board. If, however, there is no licensed teacher under
    contract because of an emergency situation, then a district
    may employ a substitute teacher for no longer than 30
    calendar days per each vacant position in the district if
    the district notifies the appropriate regional office of
    education within 5 business days after the employment of
    the substitute teacher in the emergency situation. An
    emergency situation is one in which an unforeseen vacancy
    has occurred and (i) a teacher is unable to fulfill his or
    her contractual duties or (ii) teacher capacity needs of
    the district exceed previous indications, and the district
    is actively engaged in advertising to hire a fully licensed
    teacher for the vacant position.
        There is no limit on the number of days that a
    substitute teacher may teach in a single school district,
    provided that no substitute teacher may teach for longer
    than 90 school days for any one licensed teacher under
    contract in the same school year. A substitute teacher who
    holds a Professional Educator License or Educator License
    with Stipulations shall not teach for more than 120 school
    days for any one licensed teacher under contract in the
    same school year. The limitations in this paragraph (3) on
    the number of days a substitute teacher may be employed do
    not apply to any school district operating under Article 34
    of this Code.
        A school district may not require an individual who
    holds a valid Professional Educator License or Educator
    License with Stipulations to seek or hold a Substitute
    Teaching License to teach as a substitute teacher.
        (4) Short-Term Substitute Teaching License. Beginning
    on July 1, 2018 and until June 30, 2023, the State Board of
    Education may issue a Short-Term Substitute Teaching
    License. A Short-Term Substitute Teaching License may be
    issued to a qualified applicant for substitute teaching in
    all grades of the public schools, prekindergarten through
    grade 12. Short-Term Substitute Teaching Licenses are not
    eligible for endorsements. Applicants for a Short-Term
    Substitute Teaching License must hold an associate's
    degree or have completed at least 60 credit hours from a
    regionally accredited institution of higher education.
        Short-Term Substitute Teaching Licenses are valid for
    substitute teaching in every county of this State. If an
    individual has had his or her Professional Educator License
    or Educator License with Stipulations suspended or
    revoked, then that individual is not eligible to obtain a
    Short-Term Substitute Teaching License.
        The provisions of Sections 10-21.9 and 34-18.5 of this
    Code apply to short-term substitute teachers.
        An individual holding a Short-Term Substitute Teaching
    License may teach no more than 5 consecutive days per
    licensed teacher who is under contract. For teacher
    absences lasting 6 or more days per licensed teacher who is
    under contract, a school district may not hire an
    individual holding a Short-Term Substitute Teaching
    License. An individual holding a Short-Term Substitute
    Teaching License must complete the training program under
    Section 10-20.67 or 34-18.60 of this Code to be eligible to
    teach at a public school. This paragraph (4) is inoperative
    on and after July 1, 2023.
(Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143,
eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8,
eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17;
100-596, eff. 7-1-18; 100-821, eff. 9-3-18; 100-863, eff.
8-14-18; revised 10-1-18.)
 
    (105 ILCS 5/21B-25)
    Sec. 21B-25. Endorsement on licenses. All licenses issued
under paragraph (1) of Section 21B-20 of this Code shall be
specifically endorsed by the State Board of Education for each
content area, school support area, and administrative area for
which the holder of the license is qualified. Recognized
institutions approved to offer educator preparation programs
shall be trained to add endorsements to licenses issued to
applicants who meet all of the requirements for the endorsement
or endorsements, including passing any required tests. The
State Superintendent of Education shall randomly audit
institutions to ensure that all rules and standards are being
followed for entitlement or when endorsements are being
recommended.
        (1) The State Board of Education, in consultation with
    the State Educator Preparation and Licensure Board, shall
    establish, by rule, the grade level and subject area
    endorsements to be added to the Professional Educator
    License. These rules shall outline the requirements for
    obtaining each endorsement.
        (2) In addition to any and all grade level and content
    area endorsements developed by rule, the State Board of
    Education, in consultation with the State Educator
    Preparation and Licensure Board, shall develop the
    requirements for the following endorsements:
            (A) (Blank).
            (B) Principal endorsement. A principal endorsement
        shall be affixed to a Professional Educator License of
        any holder who qualifies by having all of the
        following:
                (i) Successful completion of a principal
            preparation program approved in accordance with
            Section 21B-60 of this Code and any applicable
            rules.
                (ii) At least 4 total years of teaching or 4
            total years of working in the capacity of school
            support personnel in an Illinois public school or
            nonpublic school recognized by the State Board of
            Education, in a school under the supervision of the
            Department of Corrections, or in an out-of-state
            public school or out-of-state nonpublic school
            meeting out-of-state recognition standards
            comparable to those approved by the State
            Superintendent of Education; however, the State
            Board of Education, in consultation with the State
            Educator Preparation and Licensure Board, shall
            allow, by rules, for fewer than 4 years of
            experience based on meeting standards set forth in
            such rules, including without limitation a review
            of performance evaluations or other evidence of
            demonstrated qualifications.
                (iii) A master's degree or higher from a
            regionally accredited college or university.
            (C) Chief school business official endorsement. A
        chief school business official endorsement shall be
        affixed to the Professional Educator License of any
        holder who qualifies by having a master's degree or
        higher, 2 years of full-time administrative experience
        in school business management or 2 years of
        university-approved practical experience, and a
        minimum of 24 semester hours of graduate credit in a
        program approved by the State Board of Education for
        the preparation of school business administrators and
        by passage of the applicable State tests. The chief
        school business official endorsement may also be
        affixed to the Professional Educator License of any
        holder who qualifies by having a master's degree in
        business administration, finance, accounting, or
        public administration and who completes an additional
        6 semester hours of internship in school business
        management from a regionally accredited institution of
        higher education and passes the applicable State
        tests. This endorsement shall be required for any
        individual employed as a chief school business
        official.
            (D) Superintendent endorsement. A superintendent
        endorsement shall be affixed to the Professional
        Educator License of any holder who has completed a
        program approved by the State Board of Education for
        the preparation of superintendents of schools, has had
        at least 2 years of experience employed full-time in a
        general administrative position or as a full-time
        principal, director of special education, or chief
        school business official in the public schools or in a
        State-recognized nonpublic school in which the chief
        administrator is required to have the licensure
        necessary to be a principal in a public school in this
        State and where a majority of the teachers are required
        to have the licensure necessary to be instructors in a
        public school in this State, and has passed the
        required State tests; or of any holder who has
        completed a program that is not an Illinois-approved
        educator preparation program at an Illinois
        institution of higher education and that has
        recognition standards comparable to those approved by
        the State Superintendent of Education and holds the
        general administrative, principal, or chief school
        business official endorsement and who has had 2 years
        of experience as a principal, director of special
        education, or chief school business official while
        holding a valid educator license or certificate
        comparable in validity and educational and experience
        requirements and has passed the appropriate State
        tests, as provided in Section 21B-30 of this Code. The
        superintendent endorsement shall allow individuals to
        serve only as a superintendent or assistant
        superintendent.
            (E) Teacher leader endorsement. It shall be the
        policy of this State to improve the quality of
        instructional leaders by providing a career pathway
        for teachers interested in serving in leadership
        roles, but not as principals. The State Board of
        Education, in consultation with the State Educator
        Preparation and Licensure Board, may issue a teacher
        leader endorsement under this subdivision (E). Persons
        who meet and successfully complete the requirements of
        the endorsement shall be issued a teacher leader
        endorsement on the Professional Educator License for
        serving in schools in this State. Teacher leaders may
        qualify to serve in such positions as department
        chairs, coaches, mentors, curriculum and instruction
        leaders, or other leadership positions as defined by
        the district. The endorsement shall be available to
        those teachers who (i) hold a Professional Educator
        License, (ii) hold a master's degree or higher from a
        regionally accredited institution, (iii) have
        completed a program of study that has been approved by
        the State Board of Education, in consultation with the
        State Educator Preparation and Licensure Board, and
        (iv) have successfully demonstrated competencies as
        defined by rule.
            A teacher who meets the requirements set forth in
        this Section and holds a teacher leader endorsement may
        evaluate teachers pursuant to Section 24A-5 of this
        Code, provided that the individual has completed the
        evaluation component required by Section 24A-3 of this
        Code and a teacher leader is allowed to evaluate
        personnel under the respective school district's
        collective bargaining agreement.
            The State Board of Education, in consultation with
        the State Educator Preparation and Licensure Board,
        may adopt such rules as may be necessary to establish
        and implement the teacher leader endorsement program
        and to specify the positions for which this endorsement
        shall be required.
            (F) Special education endorsement. A special
        education endorsement in one or more areas shall be
        affixed to a Professional Educator License for any
        individual that meets those requirements established
        by the State Board of Education in rules. Special
        education endorsement areas shall include without
        limitation the following:
                (i) Learning Behavior Specialist I;
                (ii) Learning Behavior Specialist II;
                (iii) Speech Language Pathologist;
                (iv) Blind or Visually Impaired;
                (v) Deaf-Hard of Hearing;
                (vi) Early Childhood Special Education; and
                (vii) Director of Special Education.
        Notwithstanding anything in this Code to the contrary,
        the State Board of Education, in consultation with the
        State Educator Preparation and Licensure Board, may
        add additional areas of special education by rule.
            (G) School support personnel endorsement. School
        support personnel endorsement areas shall include, but
        are not limited to, school counselor, marriage and
        family therapist, school psychologist, school speech
        and language pathologist, school nurse, and school
        social worker. This endorsement is for individuals who
        are not teachers or administrators, but still require
        licensure to work in an instructional support position
        in a public or State-operated elementary school,
        secondary school, or cooperative or joint agreement
        with a governing body or board of control or a charter
        school operating in compliance with the Charter
        Schools Law. The school support personnel endorsement
        shall be affixed to the Professional Educator License
        and shall meet all of the requirements established in
        any rules adopted to implement this subdivision (G).
        The holder of such an endorsement is entitled to all of
        the rights and privileges granted holders of any other
        Professional Educator License, including teacher
        benefits, compensation, and working conditions.
(Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16;
99-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff.
8-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780,
eff. 1-1-19; 100-863, eff. 8-14-18; revised 10-1-18.)
 
    (105 ILCS 5/21B-30)
    Sec. 21B-30. Educator testing.
    (a) This Section applies beginning on July 1, 2012.
    (b) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, shall design
and implement a system of examinations, which shall be required
prior to the issuance of educator licenses. These examinations
and indicators must be based on national and State professional
teaching standards, as determined by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. The State Board of Education may adopt
such rules as may be necessary to implement and administer this
Section.
    (c) Except as otherwise provided in this Article,
applicants seeking a Professional Educator License or an
Educator License with Stipulations shall be required to pass a
test of basic skills before the license is issued, unless the
endorsement the individual is seeking does not require passage
of the test. All applicants completing Illinois-approved,
teacher education or school service personnel preparation
programs shall be required to pass the State Board of
Education's recognized test of basic skills prior to starting
their student teaching or starting the final semester of their
internship. An institution of higher learning, as defined in
the Higher Education Student Assistance Act, may not require an
applicant to complete the State Board's recognized test of
basic skills prior to the semester before student teaching or
prior to the semester before starting the final semester of an
internship. An individual who passes a test of basic skills
does not need to do so again for subsequent endorsements or
other educator licenses.
    (d) All applicants seeking a State license shall be
required to pass a test of content area knowledge for each area
of endorsement for which there is an applicable test. There
shall be no exception to this requirement. No candidate shall
be allowed to student teach or serve as the teacher of record
until he or she has passed the applicable content area test.
    (e) (Blank).
    (f) Except as otherwise provided in this Article, beginning
on September 1, 2015, all candidates completing teacher
preparation programs in this State and all candidates subject
to Section 21B-35 of this Code are required to pass a teacher
performance assessment approved by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board.
    (g) Tests of basic skills and content area knowledge and
the teacher performance assessment shall be the tests that from
time to time are designated by the State Board of Education, in
consultation with the State Educator Preparation and Licensure
Board, and may be tests prepared by an educational testing
organization or tests designed by the State Board of Education,
in consultation with the State Educator Preparation and
Licensure Board. The areas to be covered by a test of basic
skills shall include reading, language arts, and mathematics.
The test of content area knowledge shall assess content
knowledge in a specific subject field. The tests must be
designed to be racially neutral to ensure that no person taking
the tests is discriminated against on the basis of race, color,
national origin, or other factors unrelated to the person's
ability to perform as a licensed employee. The score required
to pass the tests shall be fixed by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. The tests shall be administered not fewer
than 3 times a year at such time and place as may be designated
by the State Board of Education, in consultation with the State
Educator Preparation and Licensure Board.
    The State Board shall implement a test or tests to assess
the speaking, reading, writing, and grammar skills of
applicants for an endorsement or a license issued under
subdivision (G) of paragraph (2) of Section 21B-20 of this Code
in the English language and in the language of the transitional
bilingual education program requested by the applicant.
    (h) Except as provided in Section 34-6 of this Code, the
provisions of this Section shall apply equally in any school
district subject to Article 34 of this Code.
    (i) The rules developed to implement and enforce the
testing requirements under this Section shall include without
limitation provisions governing test selection, test
validation and determination of a passing score,
administration of the tests, frequency of administration,
applicant fees, frequency of applicants taking the tests, the
years for which a score is valid, and appropriate special
accommodations. The State Board of Education shall develop such
rules as may be needed to ensure uniformity from year to year
in the level of difficulty for each form of an assessment.
(Source: P.A. 99-58, eff. 7-16-15; 99-657, eff. 7-28-16;
99-920, eff. 1-6-17; 100-596, eff. 7-1-18; 100-863, eff.
8-14-18; 100-932, eff. 8-17-18; revised 10-1-18.)
 
    (105 ILCS 5/21B-40)
    Sec. 21B-40. Fees.
    (a) Beginning with the start of the new licensure system
established pursuant to this Article, the following fees shall
be charged to applicants:
        (1) A $100 application fee for a Professional Educator
    License or an Educator License with Stipulations.
    Beginning on July 1, 2018, the license renewal fee for an
    Educator License with Stipulations with a paraprofessional
    educator endorsement shall be $25.
        (1.5) A $50 application fee for a Substitute Teaching
    License. If the application for a Substitute Teaching
    License is made and granted after July 1, 2017, the
    licensee may apply for a refund of the application fee
    within 18 months of issuance of the new license and shall
    be issued that refund by the State Board of Education if
    the licensee provides evidence to the State Board of
    Education that the licensee has taught pursuant to the
    Substitute Teaching License at least 10 full school days
    within one year of issuance.
        (1.7) A $25 application fee for a Short-Term Substitute
    Teaching License. The Short-Term Substitute Teaching
    License must be registered in at least one region in this
    State, but does not require a registration fee. The
    licensee may apply for a refund of the application fee
    within 18 months of issuance of the new license and shall
    be issued that refund by the State Board of Education if
    the licensee provides evidence to the State Board of
    Education that the licensee has taught pursuant to the
    Short-Term Substitute Teaching License at least 10 full
    school days within one year of issuance.
        (2) A $150 application fee for individuals who have not
    been entitled by an Illinois-approved educator preparation
    program at an Illinois institution of higher education and
    are seeking any of the licenses set forth in subdivision
    (1) of this subsection (a).
        (3) A $50 application fee for each endorsement or
    approval.
        (4) A $10 per year registration fee for the course of
    the validity cycle to register the license, which shall be
    paid to the regional office of education having supervision
    and control over the school in which the individual holding
    the license is to be employed. If the individual holding
    the license is not yet employed, then the license may be
    registered in any county in this State. The registration
    fee must be paid in its entirety the first time the
    individual registers the license for a particular validity
    period in a single region. No additional fee may be charged
    for that validity period should the individual
    subsequently register the license in additional regions.
    An individual must register the license (i) immediately
    after initial issuance of the license and (ii) at the
    beginning of each renewal cycle if the individual has
    satisfied the renewal requirements required under this
    Code.
        Beginning on July 1, 2017, at the beginning of each
    renewal cycle, individuals who hold a Substitute Teaching
    License may apply for a reimbursement of the registration
    fee within 18 months of renewal and shall be issued that
    reimbursement by the State Board of Education from funds
    appropriated for that purpose if the licensee provides
    evidence to the State Board of Education that the licensee
    has taught pursuant to the Substitute Teaching License at
    least 10 full school days within one year of renewal.
    (b) All application fees paid pursuant to subdivisions (1)
through (3) of subsection (a) of this Section shall be
deposited into the Teacher Certificate Fee Revolving Fund and
shall be used, subject to appropriation, by the State Board of
Education to provide the technology and human resources
necessary for the timely and efficient processing of
applications and for the renewal of licenses. Funds available
from the Teacher Certificate Fee Revolving Fund may also be
used by the State Board of Education to support the recruitment
and retention of educators, to support educator preparation
programs as they seek national accreditation, and to provide
professional development aligned with the requirements set
forth in Section 21B-45 of this Code. A majority of the funds
in the Teacher Certificate Fee Revolving Fund must be dedicated
to the timely and efficient processing of applications and for
the renewal of licenses. The Teacher Certificate Fee Revolving
Fund is not subject to administrative charge transfers,
authorized under Section 8h of the State Finance Act, from the
Teacher Certificate Fee Revolving Fund into any other fund of
this State, and moneys in the Teacher Certificate Fee Revolving
Fund shall not revert back to the General Revenue Fund at any
time.
    The regional superintendent of schools shall deposit the
registration fees paid pursuant to subdivision (4) of
subsection (a) of this Section into the institute fund
established pursuant to Section 3-11 of this Code.
    (c) The State Board of Education and each regional office
of education are authorized to charge a service or convenience
fee for the use of credit cards for the payment of license
fees. This service or convenience fee shall not exceed the
amount required by the credit card processing company or vendor
that has entered into a contract with the State Board or
regional office of education for this purpose, and the fee must
be paid to that company or vendor.
    (d) If, at the time a certificate issued under Article 21
of this Code is exchanged for a license issued under this
Article, a person has paid registration fees for any years of
the validity period of the certificate and these years have not
expired when the certificate is exchanged, then those fees must
be applied to the registration of the new license.
(Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17;
100-550, eff. 11-8-17; 100-596, eff. 7-1-18; 100-772, eff.
8-10-18; revised 10-1-18.)
 
    (105 ILCS 5/22-30)
    Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine injectors; administration of
undesignated epinephrine injectors; administration of an
opioid antagonist; administration of undesignated asthma
medication; asthma episode emergency response protocol.
    (a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
    "Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
    "Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
    "Epinephrine injector" includes an auto-injector approved
by the United States Food and Drug Administration for the
administration of epinephrine and a pre-filled syringe
approved by the United States Food and Drug Administration and
used for the administration of epinephrine that contains a
pre-measured dose of epinephrine that is equivalent to the
dosages used in an auto-injector.
    "Asthma medication" means quick-relief asthma medication,
including albuterol or other short-acting bronchodilators,
that is approved by the United States Food and Drug
Administration for the treatment of respiratory distress.
"Asthma medication" includes medication delivered through a
device, including a metered dose inhaler with a reusable or
disposable spacer or a nebulizer with a mouthpiece or mask.
    "Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
    "Respiratory distress" means the perceived or actual
presence of wheezing, coughing, shortness of breath, chest
tightness, breathing difficulty, or any other symptoms
consistent with asthma. Respiratory distress may be
categorized as "mild-to-moderate" or "severe".
    "School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
    "Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
injector.
    "Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine injector.
    "Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.
    "Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis, an opioid overdose, or respiratory distress.
    "Undesignated asthma medication" means asthma medication
prescribed in the name of a school district, public school,
charter school, or nonpublic school.
    "Undesignated epinephrine injector" means an epinephrine
injector prescribed in the name of a school district, public
school, charter school, or nonpublic school.
    (b) A school, whether public, charter, or nonpublic, must
permit the self-administration and self-carry of asthma
medication by a pupil with asthma or the self-administration
and self-carry of an epinephrine injector by a pupil, provided
that:
        (1) the parents or guardians of the pupil provide to
    the school (i) written authorization from the parents or
    guardians for (A) the self-administration and self-carry
    of asthma medication or (B) the self-carry of asthma
    medication or (ii) for (A) the self-administration and
    self-carry of an epinephrine injector or (B) the self-carry
    of an epinephrine injector, written authorization from the
    pupil's physician, physician assistant, or advanced
    practice registered nurse; and
        (2) the parents or guardians of the pupil provide to
    the school (i) the prescription label, which must contain
    the name of the asthma medication, the prescribed dosage,
    and the time at which or circumstances under which the
    asthma medication is to be administered, or (ii) for the
    self-administration or self-carry of an epinephrine
    injector, a written statement from the pupil's physician,
    physician assistant, or advanced practice registered nurse
    containing the following information:
            (A) the name and purpose of the epinephrine
        injector;
            (B) the prescribed dosage; and
            (C) the time or times at which or the special
        circumstances under which the epinephrine injector is
        to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
    (b-5) A school district, public school, charter school, or
nonpublic school may authorize the provision of a
student-specific or undesignated epinephrine injector to a
student or any personnel authorized under a student's
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 to administer an epinephrine injector to the student, that
meets the student's prescription on file.
    (b-10) The school district, public school, charter school,
or nonpublic school may authorize a school nurse or trained
personnel to do the following: (i) provide an undesignated
epinephrine injector to a student for self-administration only
or any personnel authorized under a student's Individual Health
Care Action Plan, Illinois Food Allergy Emergency Action Plan
and Treatment Authorization Form, plan pursuant to Section 504
of the federal Rehabilitation Act of 1973, or individualized
education program plan to administer to the student that meets
the student's prescription on file; (ii) administer an
undesignated epinephrine injector that meets the prescription
on file to any student who has an Individual Health Care Action
Plan, Illinois Food Allergy Emergency Action Plan and Treatment
Authorization Form, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan that authorizes the use of an epinephrine
injector; (iii) administer an undesignated epinephrine
injector to any person that the school nurse or trained
personnel in good faith believes is having an anaphylactic
reaction; (iv) administer an opioid antagonist to any person
that the school nurse or trained personnel in good faith
believes is having an opioid overdose; (v) provide undesignated
asthma medication to a student for self-administration only or
to any personnel authorized under a student's Individual Health
Care Action Plan or asthma action plan, plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973, or
individualized education program plan to administer to the
student that meets the student's prescription on file; (vi)
administer undesignated asthma medication that meets the
prescription on file to any student who has an Individual
Health Care Action Plan or asthma action plan, plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973, or
individualized education program plan that authorizes the use
of asthma medication; and (vii) administer undesignated asthma
medication to any person that the school nurse or trained
personnel believes in good faith is having respiratory
distress.
    (c) The school district, public school, charter school, or
nonpublic school must inform the parents or guardians of the
pupil, in writing, that the school district, public school,
charter school, or nonpublic school and its employees and
agents, including a physician, physician assistant, or
advanced practice registered nurse providing standing protocol
and a prescription for school epinephrine injectors, an opioid
antagonist, or undesignated asthma medication, are to incur no
liability or professional discipline, except for willful and
wanton conduct, as a result of any injury arising from the
administration of asthma medication, an epinephrine injector,
or an opioid antagonist regardless of whether authorization was
given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice
registered nurse. The parents or guardians of the pupil must
sign a statement acknowledging that the school district, public
school, charter school, or nonpublic school and its employees
and agents are to incur no liability, except for willful and
wanton conduct, as a result of any injury arising from the
administration of asthma medication, an epinephrine injector,
or an opioid antagonist regardless of whether authorization was
given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice
registered nurse and that the parents or guardians must
indemnify and hold harmless the school district, public school,
charter school, or nonpublic school and its employees and
agents against any claims, except a claim based on willful and
wanton conduct, arising out of the administration of asthma
medication, an epinephrine injector, or an opioid antagonist
regardless of whether authorization was given by the pupil's
parents or guardians or by the pupil's physician, physician
assistant, or advanced practice registered nurse.
    (c-5) When a school nurse or trained personnel administers
an undesignated epinephrine injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction, administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
or administers undesignated asthma medication to a person whom
the school nurse or trained personnel in good faith believes is
having respiratory distress, notwithstanding the lack of
notice to the parents or guardians of the pupil or the absence
of the parents or guardians signed statement acknowledging no
liability, except for willful and wanton conduct, the school
district, public school, charter school, or nonpublic school
and its employees and agents, and a physician, a physician
assistant, or an advanced practice registered nurse providing
standing protocol and a prescription for undesignated
epinephrine injectors, an opioid antagonist, or undesignated
asthma medication, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine injector, the use of an opioid antagonist, or the
use of undesignated asthma medication, regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
    (d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine injector is effective for the school year for
which it is granted and shall be renewed each subsequent school
year upon fulfillment of the requirements of this Section.
    (e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine injector (i)
while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
    (e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine injector to any person whom the
school nurse or trained personnel in good faith believes to be
having an anaphylactic reaction (i) while in school, (ii) while
at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after normal
school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine injectors on his
or her person while in school or at a school-sponsored
activity.
    (e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an opioid
overdose (i) while in school, (ii) while at a school-sponsored
activity, (iii) while under the supervision of school
personnel, or (iv) before or after normal school activities,
such as while in before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry an opioid antagonist on his or her person while in
school or at a school-sponsored activity.
    (e-15) If the requirements of this Section are met, a
school nurse or trained personnel may administer undesignated
asthma medication to any person whom the school nurse or
trained personnel in good faith believes to be experiencing
respiratory distress (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, including before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry undesignated asthma medication on his or her person
while in school or at a school-sponsored activity.
    (f) The school district, public school, charter school, or
nonpublic school may maintain a supply of undesignated
epinephrine injectors in any secure location that is accessible
before, during, and after school where an allergic person is
most at risk, including, but not limited to, classrooms and
lunchrooms. A physician, a physician assistant who has
prescriptive authority in accordance with Section 7.5 of the
Physician Assistant Practice Act of 1987, or an advanced
practice registered nurse who has prescriptive authority in
accordance with Section 65-40 of the Nurse Practice Act may
prescribe undesignated epinephrine injectors in the name of the
school district, public school, charter school, or nonpublic
school to be maintained for use when necessary. Any supply of
epinephrine injectors shall be maintained in accordance with
the manufacturer's instructions.
    The school district, public school, charter school, or
nonpublic school may maintain a supply of an opioid antagonist
in any secure location where an individual may have an opioid
overdose. A health care professional who has been delegated
prescriptive authority for opioid antagonists in accordance
with Section 5-23 of the Substance Use Disorder Act may
prescribe opioid antagonists in the name of the school
district, public school, charter school, or nonpublic school,
to be maintained for use when necessary. Any supply of opioid
antagonists shall be maintained in accordance with the
manufacturer's instructions.
    The school district, public school, charter school, or
nonpublic school may maintain a supply of asthma medication in
any secure location that is accessible before, during, or after
school where a person is most at risk, including, but not
limited to, a classroom or the nurse's office. A physician, a
physician assistant who has prescriptive authority under
Section 7.5 of the Physician Assistant Practice Act of 1987, or
an advanced practice registered nurse who has prescriptive
authority under Section 65-40 of the Nurse Practice Act may
prescribe undesignated asthma medication in the name of the
school district, public school, charter school, or nonpublic
school to be maintained for use when necessary. Any supply of
undesignated asthma medication must be maintained in
accordance with the manufacturer's instructions.
    (f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine injectors and providing training to
personnel for carrying and administering undesignated
epinephrine injectors shall pay for the costs of the
undesignated epinephrine injectors.
    (f-5) Upon any administration of an epinephrine injector, a
school district, public school, charter school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
    Upon any administration of an opioid antagonist, a school
district, public school, charter school, or nonpublic school
must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
    (f-10) Within 24 hours of the administration of an
undesignated epinephrine injector, a school district, public
school, charter school, or nonpublic school must notify the
physician, physician assistant, or advanced practice
registered nurse who provided the standing protocol and a
prescription for the undesignated epinephrine injector of its
use.
    Within 24 hours after the administration of an opioid
antagonist, a school district, public school, charter school,
or nonpublic school must notify the health care professional
who provided the prescription for the opioid antagonist of its
use.
    Within 24 hours after the administration of undesignated
asthma medication, a school district, public school, charter
school, or nonpublic school must notify the student's parent or
guardian or emergency contact, if known, and the physician,
physician assistant, or advanced practice registered nurse who
provided the standing protocol and a prescription for the
undesignated asthma medication of its use. The district or
school must follow up with the school nurse, if available, and
may, with the consent of the child's parent or guardian, notify
the child's health care provider of record, as determined under
this Section, of its use.
    (g) Prior to the administration of an undesignated
epinephrine injector, trained personnel must submit to the
school's administration proof of completion of a training
curriculum to recognize and respond to anaphylaxis that meets
the requirements of subsection (h) of this Section. Training
must be completed annually. The school district, public school,
charter school, or nonpublic school must maintain records
related to the training curriculum and trained personnel.
    Prior to the administration of an opioid antagonist,
trained personnel must submit to the school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training must
be completed annually. Trained personnel must also submit to
the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator
certification. The school district, public school, charter
school, or nonpublic school must maintain records relating to
the training curriculum and the trained personnel.
    Prior to the administration of undesignated asthma
medication, trained personnel must submit to the school's
administration proof of completion of a training curriculum to
recognize and respond to respiratory distress, which must meet
the requirements of subsection (h-10) of this Section. Training
must be completed annually, and the school district, public
school, charter school, or nonpublic school must maintain
records relating to the training curriculum and the trained
personnel.
    (h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine injector, may be conducted online or in person.
    Training shall include, but is not limited to:
        (1) how to recognize signs and symptoms of an allergic
    reaction, including anaphylaxis;
        (2) how to administer an epinephrine injector; and
        (3) a test demonstrating competency of the knowledge
    required to recognize anaphylaxis and administer an
    epinephrine injector.
    Training may also include, but is not limited to:
        (A) a review of high-risk areas within a school and its
    related facilities;
        (B) steps to take to prevent exposure to allergens;
        (C) emergency follow-up procedures, including the
    importance of calling 9-1-1 911 or, if 9-1-1 911 is not
    available, other local emergency medical services;
        (D) how to respond to a student with a known allergy,
    as well as a student with a previously unknown allergy; and
        (E) other criteria as determined in rules adopted
    pursuant to this Section.
    In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches, registered nurses, and school nurses, the State
Board of Education shall make available resource materials
consistent with criteria in this subsection (h) for educating
trained personnel to recognize and respond to anaphylaxis. The
State Board may take into consideration the curriculum on this
subject developed by other states, as well as any other
curricular materials suggested by medical experts and other
groups that work on life-threatening allergy issues. The State
Board is not required to create new resource materials. The
State Board shall make these resource materials available on
its Internet website.
    (h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Substance Use Disorder Act and the corresponding rules.
It must include, but is not limited to:
        (1) how to recognize symptoms of an opioid overdose;
        (2) information on drug overdose prevention and
    recognition;
        (3) how to perform rescue breathing and resuscitation;
        (4) how to respond to an emergency involving an opioid
    overdose;
        (5) opioid antagonist dosage and administration;
        (6) the importance of calling 9-1-1 911 or, if 9-1-1
    911 is not available, other local emergency medical
    services;
        (7) care for the overdose victim after administration
    of the overdose antagonist;
        (8) a test demonstrating competency of the knowledge
    required to recognize an opioid overdose and administer a
    dose of an opioid antagonist; and
        (9) other criteria as determined in rules adopted
    pursuant to this Section.
    (h-10) A training curriculum to recognize and respond to
respiratory distress, including the administration of
undesignated asthma medication, may be conducted online or in
person. The training must include, but is not limited to:
        (1) how to recognize symptoms of respiratory distress
    and how to distinguish respiratory distress from
    anaphylaxis;
        (2) how to respond to an emergency involving
    respiratory distress;
        (3) asthma medication dosage and administration;
        (4) the importance of calling 9-1-1 911 or, if 9-1-1
    911 is not available, other local emergency medical
    services;
        (5) a test demonstrating competency of the knowledge
    required to recognize respiratory distress and administer
    asthma medication; and
        (6) other criteria as determined in rules adopted under
    this Section.
    (i) Within 3 days after the administration of an
undesignated epinephrine injector by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
        (1) age and type of person receiving epinephrine
    (student, staff, visitor);
        (2) any previously known diagnosis of a severe allergy;
        (3) trigger that precipitated allergic episode;
        (4) location where symptoms developed;
        (5) number of doses administered;
        (6) type of person administering epinephrine (school
    nurse, trained personnel, student); and
        (7) any other information required by the State Board.
    If a school district, public school, charter school, or
nonpublic school maintains or has an independent contractor
providing transportation to students who maintains a supply of
undesignated epinephrine injectors, then the school district,
public school, charter school, or nonpublic school must report
that information to the State Board of Education upon adoption
or change of the policy of the school district, public school,
charter school, nonpublic school, or independent contractor,
in a manner as prescribed by the State Board. The report must
include the number of undesignated epinephrine injectors in
supply.
    (i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
        (1) the age and type of person receiving the opioid
    antagonist (student, staff, or visitor);
        (2) the location where symptoms developed;
        (3) the type of person administering the opioid
    antagonist (school nurse or trained personnel); and
        (4) any other information required by the State Board.
    (i-10) Within 3 days after the administration of
undesignated asthma medication by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education, on a form and in a manner prescribed by the State
Board of Education, the following information:
        (1) the age and type of person receiving the asthma
    medication (student, staff, or visitor);
        (2) any previously known diagnosis of asthma for the
    person;
        (3) the trigger that precipitated respiratory
    distress, if identifiable;
        (4) the location of where the symptoms developed;
        (5) the number of doses administered;
        (6) the type of person administering the asthma
    medication (school nurse, trained personnel, or student);
        (7) the outcome of the asthma medication
    administration; and
        (8) any other information required by the State Board.
    (j) By October 1, 2015 and every year thereafter, the State
Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
undesignated epinephrine and undesignated asthma medication
administration during the preceding academic year. Beginning
with the 2017 report, the report shall also contain information
on which school districts, public schools, charter schools, and
nonpublic schools maintain or have independent contractors
providing transportation to students who maintain a supply of
undesignated epinephrine injectors. This report shall be
published on the State Board's Internet website on the date the
report is delivered to the General Assembly.
    (j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if applicable,
may be attached to the pupil's federal Section 504 plan or
individualized education program plan.
    (j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
    (j-15) Every 2 years, school personnel who work with pupils
shall complete an in-person or online training program on the
management of asthma, the prevention of asthma symptoms, and
emergency response in the school setting. In consultation with
statewide professional organizations with expertise in asthma
management, the State Board of Education shall make available
resource materials for educating school personnel about asthma
and emergency response in the school setting.
    (j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
    (k) The State Board of Education may adopt rules necessary
to implement this Section.
    (l) Nothing in this Section shall limit the amount of
epinephrine injectors that any type of school or student may
carry or maintain a supply of.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff.
8-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; 100-726,
eff. 1-1-19; 100-759, eff. 1-1-19; 100-799, eff. 1-1-19;
revised 10-4-18.)
 
    (105 ILCS 5/22-80)
    Sec. 22-80. Student athletes; concussions and head
injuries.
    (a) The General Assembly recognizes all of the following:
        (1) Concussions are one of the most commonly reported
    injuries in children and adolescents who participate in
    sports and recreational activities. The Centers for
    Disease Control and Prevention estimates that as many as
    3,900,000 sports-related and recreation-related
    concussions occur in the United States each year. A
    concussion is caused by a blow or motion to the head or
    body that causes the brain to move rapidly inside the
    skull. The risk of catastrophic injuries or death is are
    significant when a concussion or head injury is not
    properly evaluated and managed.
        (2) Concussions are a type of brain injury that can
    range from mild to severe and can disrupt the way the brain
    normally works. Concussions can occur in any organized or
    unorganized sport or recreational activity and can result
    from a fall or from players colliding with each other, the
    ground, or with obstacles. Concussions occur with or
    without loss of consciousness, but the vast majority of
    concussions occur without loss of consciousness.
        (3) Continuing to play with a concussion or symptoms of
    a head injury leaves a young athlete especially vulnerable
    to greater injury and even death. The General Assembly
    recognizes that, despite having generally recognized
    return-to-play standards for concussions and head
    injuries, some affected youth athletes are prematurely
    returned to play, resulting in actual or potential physical
    injury or death to youth athletes in this State.
        (4) Student athletes who have sustained a concussion
    may need informal or formal accommodations, modifications
    of curriculum, and monitoring by medical or academic staff
    until the student is fully recovered. To that end, all
    schools are encouraged to establish a return-to-learn
    protocol that is based on peer-reviewed scientific
    evidence consistent with Centers for Disease Control and
    Prevention guidelines and conduct baseline testing for
    student athletes.
    (b) In this Section:
    "Athletic trainer" means an athletic trainer licensed
under the Illinois Athletic Trainers Practice Act who is
working under the supervision of a physician.
    "Coach" means any volunteer or employee of a school who is
responsible for organizing and supervising students to teach
them or train them in the fundamental skills of an
interscholastic athletic activity. "Coach" refers to both head
coaches and assistant coaches.
    "Concussion" means a complex pathophysiological process
affecting the brain caused by a traumatic physical force or
impact to the head or body, which may include temporary or
prolonged altered brain function resulting in physical,
cognitive, or emotional symptoms or altered sleep patterns and
which may or may not involve a loss of consciousness.
    "Department" means the Department of Financial and
Professional Regulation.
    "Game official" means a person who officiates at an
interscholastic athletic activity, such as a referee or umpire,
including, but not limited to, persons enrolled as game
officials by the Illinois High School Association or Illinois
Elementary School Association.
    "Interscholastic athletic activity" means any organized
school-sponsored or school-sanctioned activity for students,
generally outside of school instructional hours, under the
direction of a coach, athletic director, or band leader,
including, but not limited to, baseball, basketball,
cheerleading, cross country track, fencing, field hockey,
football, golf, gymnastics, ice hockey, lacrosse, marching
band, rugby, soccer, skating, softball, swimming and diving,
tennis, track (indoor and outdoor), ultimate Frisbee,
volleyball, water polo, and wrestling. All interscholastic
athletics are deemed to be interscholastic activities.
    "Licensed healthcare professional" means a person who has
experience with concussion management and who is a nurse, a
psychologist who holds a license under the Clinical
Psychologist Licensing Act and specializes in the practice of
neuropsychology, a physical therapist licensed under the
Illinois Physical Therapy Act, an occupational therapist
licensed under the Illinois Occupational Therapy Practice Act,
a physician assistant, or an athletic trainer.
    "Nurse" means a person who is employed by or volunteers at
a school and is licensed under the Nurse Practice Act as a
registered nurse, practical nurse, or advanced practice
registered nurse.
    "Physician" means a physician licensed to practice
medicine in all of its branches under the Medical Practice Act
of 1987.
    "Physician assistant" means a physician assistant licensed
under the Physician Assistant Practice Act of 1987.
    "School" means any public or private elementary or
secondary school, including a charter school.
    "Student" means an adolescent or child enrolled in a
school.
    (c) This Section applies to any interscholastic athletic
activity, including practice and competition, sponsored or
sanctioned by a school, the Illinois Elementary School
Association, or the Illinois High School Association. This
Section applies beginning with the 2016-2017 school year.
    (d) The governing body of each public or charter school and
the appropriate administrative officer of a private school with
students enrolled who participate in an interscholastic
athletic activity shall appoint or approve a concussion
oversight team. Each concussion oversight team shall establish
a return-to-play protocol, based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, for a student's return to
interscholastic athletics practice or competition following a
force or impact believed to have caused a concussion. Each
concussion oversight team shall also establish a
return-to-learn protocol, based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, for a student's return to the classroom
after that student is believed to have experienced a
concussion, whether or not the concussion took place while the
student was participating in an interscholastic athletic
activity.
    Each concussion oversight team must include to the extent
practicable at least one physician. If a school employs an
athletic trainer, the athletic trainer must be a member of the
school concussion oversight team to the extent practicable. If
a school employs a nurse, the nurse must be a member of the
school concussion oversight team to the extent practicable. At
a minimum, a school shall appoint a person who is responsible
for implementing and complying with the return-to-play and
return-to-learn protocols adopted by the concussion oversight
team. At a minimum, a concussion oversight team may be composed
of only one person and this person need not be a licensed
healthcare professional, but it may not be a coach. A school
may appoint other licensed healthcare professionals to serve on
the concussion oversight team.
    (e) A student may not participate in an interscholastic
athletic activity for a school year until the student and the
student's parent or guardian or another person with legal
authority to make medical decisions for the student have signed
a form for that school year that acknowledges receiving and
reading written information that explains concussion
prevention, symptoms, treatment, and oversight and that
includes guidelines for safely resuming participation in an
athletic activity following a concussion. The form must be
approved by the Illinois High School Association.
    (f) A student must be removed from an interscholastic
athletics practice or competition immediately if one of the
following persons believes the student might have sustained a
concussion during the practice or competition:
        (1) a coach;
        (2) a physician;
        (3) a game official;
        (4) an athletic trainer;
        (5) the student's parent or guardian or another person
    with legal authority to make medical decisions for the
    student;
        (6) the student; or
        (7) any other person deemed appropriate under the
    school's return-to-play protocol.
    (g) A student removed from an interscholastic athletics
practice or competition under this Section may not be permitted
to practice or compete again following the force or impact
believed to have caused the concussion until:
        (1) the student has been evaluated, using established
    medical protocols based on peer-reviewed scientific
    evidence consistent with Centers for Disease Control and
    Prevention guidelines, by a treating physician (chosen by
    the student or the student's parent or guardian or another
    person with legal authority to make medical decisions for
    the student), an athletic trainer, an advanced practice
    registered nurse, or a physician assistant;
        (2) the student has successfully completed each
    requirement of the return-to-play protocol established
    under this Section necessary for the student to return to
    play;
        (3) the student has successfully completed each
    requirement of the return-to-learn protocol established
    under this Section necessary for the student to return to
    learn;
        (4) the treating physician, the athletic trainer, or
    the physician assistant has provided a written statement
    indicating that, in the physician's professional judgment,
    it is safe for the student to return to play and return to
    learn or the treating advanced practice registered nurse
    has provided a written statement indicating that it is safe
    for the student to return to play and return to learn; and
        (5) the student and the student's parent or guardian or
    another person with legal authority to make medical
    decisions for the student:
            (A) have acknowledged that the student has
        completed the requirements of the return-to-play and
        return-to-learn protocols necessary for the student to
        return to play;
            (B) have provided the treating physician's,
        athletic trainer's, advanced practice registered
        nurse's, or physician assistant's written statement
        under subdivision (4) of this subsection (g) to the
        person responsible for compliance with the
        return-to-play and return-to-learn protocols under
        this subsection (g) and the person who has supervisory
        responsibilities under this subsection (g); and
            (C) have signed a consent form indicating that the
        person signing:
                (i) has been informed concerning and consents
            to the student participating in returning to play
            in accordance with the return-to-play and
            return-to-learn protocols;
                (ii) understands the risks associated with the
            student returning to play and returning to learn
            and will comply with any ongoing requirements in
            the return-to-play and return-to-learn protocols;
            and
                (iii) consents to the disclosure to
            appropriate persons, consistent with the federal
            Health Insurance Portability and Accountability
            Act of 1996 (Public Law 104-191), of the treating
            physician's, athletic trainer's, physician
            assistant's, or advanced practice registered
            nurse's written statement under subdivision (4) of
            this subsection (g) and, if any, the
            return-to-play and return-to-learn recommendations
            of the treating physician, the athletic trainer,
            the physician assistant, or the advanced practice
            registered nurse, as the case may be.
    A coach of an interscholastic athletics team may not
authorize a student's return to play or return to learn.
    The district superintendent or the superintendent's
designee in the case of a public elementary or secondary
school, the chief school administrator or that person's
designee in the case of a charter school, or the appropriate
administrative officer or that person's designee in the case of
a private school shall supervise an athletic trainer or other
person responsible for compliance with the return-to-play
protocol and shall supervise the person responsible for
compliance with the return-to-learn protocol. The person who
has supervisory responsibilities under this paragraph may not
be a coach of an interscholastic athletics team.
    (h)(1) The Illinois High School Association shall approve,
for coaches, game officials, and non-licensed healthcare
professionals, training courses that provide for not less than
2 hours of training in the subject matter of concussions,
including evaluation, prevention, symptoms, risks, and
long-term effects. The Association shall maintain an updated
list of individuals and organizations authorized by the
Association to provide the training.
    (2) The following persons must take a training course in
accordance with paragraph (4) of this subsection (h) from an
authorized training provider at least once every 2 years:
        (A) a coach of an interscholastic athletic activity;
        (B) a nurse, licensed healthcare professional, or
    non-licensed healthcare professional who serves as a
    member of a concussion oversight team either on a volunteer
    basis or in his or her capacity as an employee,
    representative, or agent of a school; and
        (C) a game official of an interscholastic athletic
    activity.
    (3) A physician who serves as a member of a concussion
oversight team shall, to the greatest extent practicable,
periodically take an appropriate continuing medical education
course in the subject matter of concussions.
    (4) For purposes of paragraph (2) of this subsection (h):
        (A) a coach, game official, or non-licensed healthcare
    professional, as the case may be, must take a course
    described in paragraph (1) of this subsection (h);
        (B) an athletic trainer must take a concussion-related
    continuing education course from an athletic trainer
    continuing education sponsor approved by the Department;
        (C) a nurse must take a concussion-related continuing
    education course from a nurse continuing education sponsor
    approved by the Department;
        (D) a physical therapist must take a
    concussion-related continuing education course from a
    physical therapist continuing education sponsor approved
    by the Department;
        (E) a psychologist must take a concussion-related
    continuing education course from a psychologist continuing
    education sponsor approved by the Department;
        (F) an occupational therapist must take a
    concussion-related continuing education course from an
    occupational therapist continuing education sponsor
    approved by the Department; and
        (G) a physician assistant must take a
    concussion-related continuing education course from a
    physician assistant continuing education sponsor approved
    by the Department.
    (5) Each person described in paragraph (2) of this
subsection (h) must submit proof of timely completion of an
approved course in compliance with paragraph (4) of this
subsection (h) to the district superintendent or the
superintendent's designee in the case of a public elementary or
secondary school, the chief school administrator or that
person's designee in the case of a charter school, or the
appropriate administrative officer or that person's designee
in the case of a private school.
    (6) A physician, licensed healthcare professional, or
non-licensed healthcare professional who is not in compliance
with the training requirements under this subsection (h) may
not serve on a concussion oversight team in any capacity.
    (7) A person required under this subsection (h) to take a
training course in the subject of concussions must complete the
training prior to serving on a concussion oversight team in any
capacity.
    (i) The governing body of each public or charter school and
the appropriate administrative officer of a private school with
students enrolled who participate in an interscholastic
athletic activity shall develop a school-specific emergency
action plan for interscholastic athletic activities to address
the serious injuries and acute medical conditions in which the
condition of the student may deteriorate rapidly. The plan
shall include a delineation of roles, methods of communication,
available emergency equipment, and access to and a plan for
emergency transport. This emergency action plan must be:
        (1) in writing;
        (2) reviewed by the concussion oversight team;
        (3) approved by the district superintendent or the
    superintendent's designee in the case of a public
    elementary or secondary school, the chief school
    administrator or that person's designee in the case of a
    charter school, or the appropriate administrative officer
    or that person's designee in the case of a private school;
        (4) distributed to all appropriate personnel;
        (5) posted conspicuously at all venues utilized by the
    school; and
        (6) reviewed annually by all athletic trainers, first
    responders, coaches, school nurses, athletic directors,
    and volunteers for interscholastic athletic activities.
    (j) The State Board of Education shall adopt rules as
necessary to administer this Section, including, but not
limited to, rules governing the informal or formal
accommodation of a student who may have sustained a concussion
during an interscholastic athletic activity.
(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
99-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff.
1-1-18; 100-747, eff. 1-1-19; 100-863, eff. 8-14-18; revised
9-28-18.)
 
    (105 ILCS 5/24-5)  (from Ch. 122, par. 24-5)
    Sec. 24-5. Physical fitness and professional growth.
    (a) In this Section, "employee" means any employee of a
school district, a student teacher, an employee of a contractor
that provides services to students or in schools, or any other
individual subject to the requirements of Section 10-21.9 or
34-18.5 of this Code.
    (b) This subsection (b) does not apply to substitute
teacher employees. School boards shall require of new employees
evidence of physical fitness to perform duties assigned and
freedom from communicable disease. Such evidence shall consist
of a physical examination by a physician licensed in Illinois
or any other state to practice medicine and surgery in all its
branches, a licensed advanced practice registered nurse, or a
licensed physician assistant not more than 90 days preceding
time of presentation to the board, and the cost of such
examination shall rest with the employee. A new or existing
employee may be subject to additional health examinations,
including screening for tuberculosis, as required by rules
adopted by the Department of Public Health or by order of a
local public health official. The board may from time to time
require an examination of any employee by a physician licensed
in Illinois to practice medicine and surgery in all its
branches, a licensed advanced practice registered nurse, or a
licensed physician assistant and shall pay the expenses thereof
from school funds.
    (b-5) School boards may require of new substitute teacher
employees evidence of physical fitness to perform duties
assigned and shall require of new substitute teacher employees
evidence of freedom from communicable disease. Evidence may
consist of a physical examination by a physician licensed in
Illinois or any other state to practice medicine and surgery in
all its branches, a licensed advanced practice registered
nurse, or a licensed physician assistant not more than 90 days
preceding time of presentation to the board, and the cost of
such examination shall rest with the substitute teacher
employee. A new or existing substitute teacher employee may be
subject to additional health examinations, including screening
for tuberculosis, as required by rules adopted by the
Department of Public Health or by order of a local public
health official. The board may from time to time require an
examination of any substitute teacher employee by a physician
licensed in Illinois to practice medicine and surgery in all
its branches, a licensed advanced practice registered nurse, or
a licensed physician assistant and shall pay the expenses
thereof from school funds.
    (c) School boards may require teachers in their employ to
furnish from time to time evidence of continued professional
growth.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18;
100-855, eff. 8-14-18; revised 9-28-18.)
 
    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
    Sec. 24-12. Removal or dismissal of teachers in contractual
continued service.
    (a) This subsection (a) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided on or before the end of the 2010-2011 school term. If
a teacher in contractual continued service is removed or
dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue
some particular type of teaching service, written notice shall
be mailed to the teacher and also given the teacher either by
certified mail, return receipt requested or personal delivery
with receipt at least 60 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the board shall first
remove or dismiss all teachers who have not entered upon
contractual continued service before removing or dismissing
any teacher who has entered upon contractual continued service
and who is legally qualified to hold a position currently held
by a teacher who has not entered upon contractual continued
service.
    As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service with the district shall be
dismissed first unless an alternative method of determining the
sequence of dismissal is established in a collective bargaining
agreement or contract between the board and a professional
faculty members' organization and except that this provision
shall not impair the operation of any affirmative action
program in the district, regardless of whether it exists by
operation of law or is conducted on a voluntary basis by the
board. Any teacher dismissed as a result of such decrease or
discontinuance shall be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
    If the board has any vacancies for the following school
term or within one calendar year from the beginning of the
following school term, the positions thereby becoming
available shall be tendered to the teachers so removed or
dismissed so far as they are legally qualified to hold such
positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of
the number of full-time full time equivalent positions filled
by certified employees (excluding principals and
administrative personnel) during the preceding school year,
then if the board has any vacancies for the following school
term or within 2 calendar years from the beginning of the
following school term, the positions so becoming available
shall be tendered to the teachers who were so notified and
removed or dismissed whenever they are legally qualified to
hold such positions. Each board shall, in consultation with any
exclusive employee representatives, each year establish a
list, categorized by positions, showing the length of
continuing service of each teacher who is qualified to hold any
such positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list shall be made in accordance with
the alternative method. Copies of the list shall be distributed
to the exclusive employee representative on or before February
1 of each year. Whenever the number of honorable dismissal
notices based upon economic necessity exceeds 5, or 150% of the
average number of teachers honorably dismissed in the preceding
3 years, whichever is more, then the board also shall hold a
public hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such
reduction shall require a majority vote of the board members.
    (b) This subsection (b) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided during the 2011-2012 school term or a subsequent
school term. If any teacher, whether or not in contractual
continued service, is removed or dismissed as a result of a
decision of a school board to decrease the number of teachers
employed by the board, a decision of a school board to
discontinue some particular type of teaching service, or a
reduction in the number of programs or positions in a special
education joint agreement, then written notice must be mailed
to the teacher and also given to the teacher either by
certified mail, return receipt requested, or personal delivery
with receipt at least 45 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the sequence of
dismissal shall occur in accordance with this subsection (b);
except that this subsection (b) shall not impair the operation
of any affirmative action program in the school district,
regardless of whether it exists by operation of law or is
conducted on a voluntary basis by the board.
    Each teacher must be categorized into one or more positions
for which the teacher is qualified to hold, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the school year during which the sequence of
dismissal is determined. Within each position and subject to
agreements made by the joint committee on honorable dismissals
that are authorized by subsection (c) of this Section, the
school district or joint agreement must establish 4 groupings
of teachers qualified to hold the position as follows:
        (1) Grouping one shall consist of each teacher who is
    not in contractual continued service and who (i) has not
    received a performance evaluation rating, (ii) is employed
    for one school term or less to replace a teacher on leave,
    or (iii) is employed on a part-time basis. "Part-time
    basis" for the purposes of this subsection (b) means a
    teacher who is employed to teach less than a full-day,
    teacher workload or less than 5 days of the normal student
    attendance week, unless otherwise provided for in a
    collective bargaining agreement between the district and
    the exclusive representative of the district's teachers.
    For the purposes of this Section, a teacher (A) who is
    employed as a full-time teacher but who actually teaches or
    is otherwise present and participating in the district's
    educational program for less than a school term or (B) who,
    in the immediately previous school term, was employed on a
    full-time basis and actually taught or was otherwise
    present and participated in the district's educational
    program for 120 days or more is not considered employed on
    a part-time basis.
        (2) Grouping 2 shall consist of each teacher with a
    Needs Improvement or Unsatisfactory performance evaluation
    rating on either of the teacher's last 2 performance
    evaluation ratings.
        (3) Grouping 3 shall consist of each teacher with a
    performance evaluation rating of at least Satisfactory or
    Proficient on both of the teacher's last 2 performance
    evaluation ratings, if 2 ratings are available, or on the
    teacher's last performance evaluation rating, if only one
    rating is available, unless the teacher qualifies for
    placement into grouping 4.
        (4) Grouping 4 shall consist of each teacher whose last
    2 performance evaluation ratings are Excellent and each
    teacher with 2 Excellent performance evaluation ratings
    out of the teacher's last 3 performance evaluation ratings
    with a third rating of Satisfactory or Proficient.
    Among teachers qualified to hold a position, teachers must
be dismissed in the order of their groupings, with teachers in
grouping one dismissed first and teachers in grouping 4
dismissed last.
    Within grouping one, the sequence of dismissal must be at
the discretion of the school district or joint agreement.
Within grouping 2, the sequence of dismissal must be based upon
average performance evaluation ratings, with the teacher or
teachers with the lowest average performance evaluation rating
dismissed first. A teacher's average performance evaluation
rating must be calculated using the average of the teacher's
last 2 performance evaluation ratings, if 2 ratings are
available, or the teacher's last performance evaluation
rating, if only one rating is available, using the following
numerical values: 4 for Excellent; 3 for Proficient or
Satisfactory; 2 for Needs Improvement; and 1 for
Unsatisfactory. As between or among teachers in grouping 2 with
the same average performance evaluation rating and within each
of groupings 3 and 4, the teacher or teachers with the shorter
length of continuing service with the school district or joint
agreement must be dismissed first unless an alternative method
of determining the sequence of dismissal is established in a
collective bargaining agreement or contract between the board
and a professional faculty members' organization.
    Each board, including the governing board of a joint
agreement, shall, in consultation with any exclusive employee
representatives, each year establish a sequence of honorable
dismissal list categorized by positions and the groupings
defined in this subsection (b). Copies of the list showing each
teacher by name and categorized by positions and the groupings
defined in this subsection (b) must be distributed to the
exclusive bargaining representative at least 75 days before the
end of the school term, provided that the school district or
joint agreement may, with notice to any exclusive employee
representatives, move teachers from grouping one into another
grouping during the period of time from 75 days until 45 days
before the end of the school term. Each year, each board shall
also establish, in consultation with any exclusive employee
representatives, a list showing the length of continuing
service of each teacher who is qualified to hold any such
positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list must be made in accordance with
the alternative method. Copies of the list must be distributed
to the exclusive employee representative at least 75 days
before the end of the school term.
    Any teacher dismissed as a result of such decrease or
discontinuance must be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
    If the board or joint agreement has any vacancies for the
following school term or within one calendar year from the
beginning of the following school term, the positions thereby
becoming available must be tendered to the teachers so removed
or dismissed who were in groupings 3 or 4 of the sequence of
dismissal and are qualified to hold the positions, based upon
legal qualifications and any other qualifications established
in a district or joint agreement job description, on or before
the May 10 prior to the date of the positions becoming
available, provided that if the number of honorable dismissal
notices based on economic necessity exceeds 15% of the number
of full-time equivalent positions filled by certified
employees (excluding principals and administrative personnel)
during the preceding school year, then the recall period is for
the following school term or within 2 calendar years from the
beginning of the following school term. If the board or joint
agreement has any vacancies within the period from the
beginning of the following school term through February 1 of
the following school term (unless a date later than February 1,
but no later than 6 months from the beginning of the following
school term, is established in a collective bargaining
agreement), the positions thereby becoming available must be
tendered to the teachers so removed or dismissed who were in
grouping 2 of the sequence of dismissal due to one "needs
improvement" rating on either of the teacher's last 2
performance evaluation ratings, provided that, if 2 ratings are
available, the other performance evaluation rating used for
grouping purposes is "satisfactory", "proficient", or
"excellent", and are qualified to hold the positions, based
upon legal qualifications and any other qualifications
established in a district or joint agreement job description,
on or before the May 10 prior to the date of the positions
becoming available. On and after July 1, 2014 (the effective
date of Public Act 98-648) this amendatory Act of the 98th
General Assembly, the preceding sentence shall apply to
teachers removed or dismissed by honorable dismissal, even if
notice of honorable dismissal occurred during the 2013-2014
school year. Among teachers eligible for recall pursuant to the
preceding sentence, the order of recall must be in inverse
order of dismissal, unless an alternative order of recall is
established in a collective bargaining agreement or contract
between the board and a professional faculty members'
organization. Whenever the number of honorable dismissal
notices based upon economic necessity exceeds 5 notices or 150%
of the average number of teachers honorably dismissed in the
preceding 3 years, whichever is more, then the school board or
governing board of a joint agreement, as applicable, shall also
hold a public hearing on the question of the dismissals.
Following the hearing and board review, the action to approve
any such reduction shall require a majority vote of the board
members.
    For purposes of this subsection (b), subject to agreement
on an alternative definition reached by the joint committee
described in subsection (c) of this Section, a teacher's
performance evaluation rating means the overall performance
evaluation rating resulting from an annual or biennial
performance evaluation conducted pursuant to Article 24A of
this Code by the school district or joint agreement determining
the sequence of dismissal, not including any performance
evaluation conducted during or at the end of a remediation
period. No more than one evaluation rating each school term
shall be one of the evaluation ratings used for the purpose of
determining the sequence of dismissal. Except as otherwise
provided in this subsection for any performance evaluations
conducted during or at the end of a remediation period, if
multiple performance evaluations are conducted in a school
term, only the rating from the last evaluation conducted prior
to establishing the sequence of honorable dismissal list in
such school term shall be the one evaluation rating from that
school term used for the purpose of determining the sequence of
dismissal. Averaging ratings from multiple evaluations is not
permitted unless otherwise agreed to in a collective bargaining
agreement or contract between the board and a professional
faculty members' organization. The preceding 3 sentences are
not a legislative declaration that existing law does or does
not already require that only one performance evaluation each
school term shall be used for the purpose of determining the
sequence of dismissal. For performance evaluation ratings
determined prior to September 1, 2012, any school district or
joint agreement with a performance evaluation rating system
that does not use either of the rating category systems
specified in subsection (d) of Section 24A-5 of this Code for
all teachers must establish a basis for assigning each teacher
a rating that complies with subsection (d) of Section 24A-5 of
this Code for all of the performance evaluation ratings that
are to be used to determine the sequence of dismissal. A
teacher's grouping and ranking on a sequence of honorable
dismissal shall be deemed a part of the teacher's performance
evaluation, and that information shall be disclosed to the
exclusive bargaining representative as part of a sequence of
honorable dismissal list, notwithstanding any laws prohibiting
disclosure of such information. A performance evaluation
rating may be used to determine the sequence of dismissal,
notwithstanding the pendency of any grievance resolution or
arbitration procedures relating to the performance evaluation.
If a teacher has received at least one performance evaluation
rating conducted by the school district or joint agreement
determining the sequence of dismissal and a subsequent
performance evaluation is not conducted in any school year in
which such evaluation is required to be conducted under Section
24A-5 of this Code, the teacher's performance evaluation rating
for that school year for purposes of determining the sequence
of dismissal is deemed Proficient. If a performance evaluation
rating is nullified as the result of an arbitration,
administrative agency, or court determination, then the school
district or joint agreement is deemed to have conducted a
performance evaluation for that school year, but the
performance evaluation rating may not be used in determining
the sequence of dismissal.
    Nothing in this subsection (b) shall be construed as
limiting the right of a school board or governing board of a
joint agreement to dismiss a teacher not in contractual
continued service in accordance with Section 24-11 of this
Code.
    Any provisions regarding the sequence of honorable
dismissals and recall of honorably dismissed teachers in a
collective bargaining agreement entered into on or before
January 1, 2011 and in effect on June 13, 2011 (the effective
date of Public Act 97-8) this amendatory Act of the 97th
General Assembly that may conflict with Public Act 97-8 this
amendatory Act of the 97th General Assembly shall remain in
effect through the expiration of such agreement or June 30,
2013, whichever is earlier.
    (c) Each school district and special education joint
agreement must use a joint committee composed of equal
representation selected by the school board and its teachers
or, if applicable, the exclusive bargaining representative of
its teachers, to address the matters described in paragraphs
(1) through (5) of this subsection (c) pertaining to honorable
dismissals under subsection (b) of this Section.
        (1) The joint committee must consider and may agree to
    criteria for excluding from grouping 2 and placing into
    grouping 3 a teacher whose last 2 performance evaluations
    include a Needs Improvement and either a Proficient or
    Excellent.
        (2) The joint committee must consider and may agree to
    an alternative definition for grouping 4, which definition
    must take into account prior performance evaluation
    ratings and may take into account other factors that relate
    to the school district's or program's educational
    objectives. An alternative definition for grouping 4 may
    not permit the inclusion of a teacher in the grouping with
    a Needs Improvement or Unsatisfactory performance
    evaluation rating on either of the teacher's last 2
    performance evaluation ratings.
        (3) The joint committee may agree to including within
    the definition of a performance evaluation rating a
    performance evaluation rating administered by a school
    district or joint agreement other than the school district
    or joint agreement determining the sequence of dismissal.
        (4) For each school district or joint agreement that
    administers performance evaluation ratings that are
    inconsistent with either of the rating category systems
    specified in subsection (d) of Section 24A-5 of this Code,
    the school district or joint agreement must consult with
    the joint committee on the basis for assigning a rating
    that complies with subsection (d) of Section 24A-5 of this
    Code to each performance evaluation rating that will be
    used in a sequence of dismissal.
        (5) Upon request by a joint committee member submitted
    to the employing board by no later than 10 days after the
    distribution of the sequence of honorable dismissal list, a
    representative of the employing board shall, within 5 days
    after the request, provide to members of the joint
    committee a list showing the most recent and prior
    performance evaluation ratings of each teacher identified
    only by length of continuing service in the district or
    joint agreement and not by name. If, after review of this
    list, a member of the joint committee has a good faith
    belief that a disproportionate number of teachers with
    greater length of continuing service with the district or
    joint agreement have received a recent performance
    evaluation rating lower than the prior rating, the member
    may request that the joint committee review the list to
    assess whether such a trend may exist. Following the joint
    committee's review, but by no later than the end of the
    applicable school term, the joint committee or any member
    or members of the joint committee may submit a report of
    the review to the employing board and exclusive bargaining
    representative, if any. Nothing in this paragraph (5) shall
    impact the order of honorable dismissal or a school
    district's or joint agreement's authority to carry out a
    dismissal in accordance with subsection (b) of this
    Section.
    Agreement by the joint committee as to a matter requires
the majority vote of all committee members, and if the joint
committee does not reach agreement on a matter, then the
otherwise applicable requirements of subsection (b) of this
Section shall apply. Except as explicitly set forth in this
subsection (c), a joint committee has no authority to agree to
any further modifications to the requirements for honorable
dismissals set forth in subsection (b) of this Section. The
joint committee must be established, and the first meeting of
the joint committee each school year must occur on or before
December 1.
    The joint committee must reach agreement on a matter on or
before February 1 of a school year in order for the agreement
of the joint committee to apply to the sequence of dismissal
determined during that school year. Subject to the February 1
deadline for agreements, the agreement of a joint committee on
a matter shall apply to the sequence of dismissal until the
agreement is amended or terminated by the joint committee.
    The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee created under this subsection
(c).
    (d) Notwithstanding anything to the contrary in this
subsection (d), the requirements and dismissal procedures of
Section 24-16.5 of this Code shall apply to any dismissal
sought under Section 24-16.5 of this Code.
        (1) If a dismissal of a teacher in contractual
    continued service is sought for any reason or cause other
    than an honorable dismissal under subsections (a) or (b) of
    this Section or a dismissal sought under Section 24-16.5 of
    this Code, including those under Section 10-22.4, the board
    must first approve a motion containing specific charges by
    a majority vote of all its members. Written notice of such
    charges, including a bill of particulars and the teacher's
    right to request a hearing, must be mailed to the teacher
    and also given to the teacher either by certified mail,
    return receipt requested, or personal delivery with
    receipt within 5 days of the adoption of the motion. Any
    written notice sent on or after July 1, 2012 shall inform
    the teacher of the right to request a hearing before a
    mutually selected hearing officer, with the cost of the
    hearing officer split equally between the teacher and the
    board, or a hearing before a board-selected hearing
    officer, with the cost of the hearing officer paid by the
    board.
        Before setting a hearing on charges stemming from
    causes that are considered remediable, a board must give
    the teacher reasonable warning in writing, stating
    specifically the causes that, if not removed, may result in
    charges; however, no such written warning is required if
    the causes have been the subject of a remediation plan
    pursuant to Article 24A of this Code.
        If, in the opinion of the board, the interests of the
    school require it, the board may suspend the teacher
    without pay, pending the hearing, but if the board's
    dismissal or removal is not sustained, the teacher shall
    not suffer the loss of any salary or benefits by reason of
    the suspension.
        (2) No hearing upon the charges is required unless the
    teacher within 17 days after receiving notice requests in
    writing of the board that a hearing be scheduled before a
    mutually selected hearing officer or a hearing officer
    selected by the board. The secretary of the school board
    shall forward a copy of the notice to the State Board of
    Education.
        (3) Within 5 business days after receiving a notice of
    hearing in which either notice to the teacher was sent
    before July 1, 2012 or, if the notice was sent on or after
    July 1, 2012, the teacher has requested a hearing before a
    mutually selected hearing officer, the State Board of
    Education shall provide a list of 5 prospective, impartial
    hearing officers from the master list of qualified,
    impartial hearing officers maintained by the State Board of
    Education. Each person on the master list must (i) be
    accredited by a national arbitration organization and have
    had a minimum of 5 years of experience directly related to
    labor and employment relations matters between employers
    and employees or their exclusive bargaining
    representatives and (ii) beginning September 1, 2012, have
    participated in training provided or approved by the State
    Board of Education for teacher dismissal hearing officers
    so that he or she is familiar with issues generally
    involved in evaluative and non-evaluative dismissals.
        If notice to the teacher was sent before July 1, 2012
    or, if the notice was sent on or after July 1, 2012, the
    teacher has requested a hearing before a mutually selected
    hearing officer, the board and the teacher or their legal
    representatives within 3 business days shall alternately
    strike one name from the list provided by the State Board
    of Education until only one name remains. Unless waived by
    the teacher, the teacher shall have the right to proceed
    first with the striking. Within 3 business days of receipt
    of the list provided by the State Board of Education, the
    board and the teacher or their legal representatives shall
    each have the right to reject all prospective hearing
    officers named on the list and notify the State Board of
    Education of such rejection. Within 3 business days after
    receiving this notification, the State Board of Education
    shall appoint a qualified person from the master list who
    did not appear on the list sent to the parties to serve as
    the hearing officer, unless the parties notify it that they
    have chosen to alternatively select a hearing officer under
    paragraph (4) of this subsection (d).
        If the teacher has requested a hearing before a hearing
    officer selected by the board, the board shall select one
    name from the master list of qualified impartial hearing
    officers maintained by the State Board of Education within
    3 business days after receipt and shall notify the State
    Board of Education of its selection.
        A hearing officer mutually selected by the parties,
    selected by the board, or selected through an alternative
    selection process under paragraph (4) of this subsection
    (d) (A) must not be a resident of the school district, (B)
    must be available to commence the hearing within 75 days
    and conclude the hearing within 120 days after being
    selected as the hearing officer, and (C) must issue a
    decision as to whether the teacher must be dismissed and
    give a copy of that decision to both the teacher and the
    board within 30 days from the conclusion of the hearing or
    closure of the record, whichever is later.
        (4) In the alternative to selecting a hearing officer
    from the list received from the State Board of Education or
    accepting the appointment of a hearing officer by the State
    Board of Education or if the State Board of Education
    cannot provide a list or appoint a hearing officer that
    meets the foregoing requirements, the board and the teacher
    or their legal representatives may mutually agree to select
    an impartial hearing officer who is not on the master list
    either by direct appointment by the parties or by using
    procedures for the appointment of an arbitrator
    established by the Federal Mediation and Conciliation
    Service or the American Arbitration Association. The
    parties shall notify the State Board of Education of their
    intent to select a hearing officer using an alternative
    procedure within 3 business days of receipt of a list of
    prospective hearing officers provided by the State Board of
    Education, notice of appointment of a hearing officer by
    the State Board of Education, or receipt of notice from the
    State Board of Education that it cannot provide a list that
    meets the foregoing requirements, whichever is later.
        (5) If the notice of dismissal was sent to the teacher
    before July 1, 2012, the fees and costs for the hearing
    officer must be paid by the State Board of Education. If
    the notice of dismissal was sent to the teacher on or after
    July 1, 2012, the hearing officer's fees and costs must be
    paid as follows in this paragraph (5). The fees and
    permissible costs for the hearing officer must be
    determined by the State Board of Education. If the board
    and the teacher or their legal representatives mutually
    agree to select an impartial hearing officer who is not on
    a list received from the State Board of Education, they may
    agree to supplement the fees determined by the State Board
    to the hearing officer, at a rate consistent with the
    hearing officer's published professional fees. If the
    hearing officer is mutually selected by the parties, then
    the board and the teacher or their legal representatives
    shall each pay 50% of the fees and costs and any
    supplemental allowance to which they agree. If the hearing
    officer is selected by the board, then the board shall pay
    100% of the hearing officer's fees and costs. The fees and
    costs must be paid to the hearing officer within 14 days
    after the board and the teacher or their legal
    representatives receive the hearing officer's decision set
    forth in paragraph (7) of this subsection (d).
        (6) The teacher is required to answer the bill of
    particulars and aver affirmative matters in his or her
    defense, and the time for initially doing so and the time
    for updating such answer and defenses after pre-hearing
    discovery must be set by the hearing officer. The State
    Board of Education shall promulgate rules so that each
    party has a fair opportunity to present its case and to
    ensure that the dismissal process proceeds in a fair and
    expeditious manner. These rules shall address, without
    limitation, discovery and hearing scheduling conferences;
    the teacher's initial answer and affirmative defenses to
    the bill of particulars and the updating of that
    information after pre-hearing discovery; provision for
    written interrogatories and requests for production of
    documents; the requirement that each party initially
    disclose to the other party and then update the disclosure
    no later than 10 calendar days prior to the commencement of
    the hearing, the names and addresses of persons who may be
    called as witnesses at the hearing, a summary of the facts
    or opinions each witness will testify to, and all other
    documents and materials, including information maintained
    electronically, relevant to its own as well as the other
    party's case (the hearing officer may exclude witnesses and
    exhibits not identified and shared, except those offered in
    rebuttal for which the party could not reasonably have
    anticipated prior to the hearing); pre-hearing discovery
    and preparation, including provision for written
    interrogatories and requests for production of documents,
    provided that discovery depositions are prohibited; the
    conduct of the hearing; the right of each party to be
    represented by counsel, the offer of evidence and witnesses
    and the cross-examination of witnesses; the authority of
    the hearing officer to issue subpoenas and subpoenas duces
    tecum, provided that the hearing officer may limit the
    number of witnesses to be subpoenaed on behalf of each
    party to no more than 7; the length of post-hearing briefs;
    and the form, length, and content of hearing officers'
    decisions. The hearing officer shall hold a hearing and
    render a final decision for dismissal pursuant to Article
    24A of this Code or shall report to the school board
    findings of fact and a recommendation as to whether or not
    the teacher must be dismissed for conduct. The hearing
    officer shall commence the hearing within 75 days and
    conclude the hearing within 120 days after being selected
    as the hearing officer, provided that the hearing officer
    may modify these timelines upon the showing of good cause
    or mutual agreement of the parties. Good cause for the
    purpose of this subsection (d) shall mean the illness or
    otherwise unavoidable emergency of the teacher, district
    representative, their legal representatives, the hearing
    officer, or an essential witness as indicated in each
    party's pre-hearing submission. In a dismissal hearing
    pursuant to Article 24A of this Code, the hearing officer
    shall consider and give weight to all of the teacher's
    evaluations written pursuant to Article 24A that are
    relevant to the issues in the hearing.
        Each party shall have no more than 3 days to present
    its case, unless extended by the hearing officer to enable
    a party to present adequate evidence and testimony,
    including due to the other party's cross-examination of the
    party's witnesses, for good cause or by mutual agreement of
    the parties. The State Board of Education shall define in
    rules the meaning of "day" for such purposes. All testimony
    at the hearing shall be taken under oath administered by
    the hearing officer. The hearing officer shall cause a
    record of the proceedings to be kept and shall employ a
    competent reporter to take stenographic or stenotype notes
    of all the testimony. The costs of the reporter's
    attendance and services at the hearing shall be paid by the
    party or parties who are responsible for paying the fees
    and costs of the hearing officer. Either party desiring a
    transcript of the hearing shall pay for the cost thereof.
    Any post-hearing briefs must be submitted by the parties by
    no later than 21 days after a party's receipt of the
    transcript of the hearing, unless extended by the hearing
    officer for good cause or by mutual agreement of the
    parties.
        (7) The hearing officer shall, within 30 days from the
    conclusion of the hearing or closure of the record,
    whichever is later, make a decision as to whether or not
    the teacher shall be dismissed pursuant to Article 24A of
    this Code or report to the school board findings of fact
    and a recommendation as to whether or not the teacher shall
    be dismissed for cause and shall give a copy of the
    decision or findings of fact and recommendation to both the
    teacher and the school board. If a hearing officer fails
    without good cause, specifically provided in writing to
    both parties and the State Board of Education, to render a
    decision or findings of fact and recommendation within 30
    days after the hearing is concluded or the record is
    closed, whichever is later, the parties may mutually agree
    to select a hearing officer pursuant to the alternative
    procedure, as provided in this Section, to rehear the
    charges heard by the hearing officer who failed to render a
    decision or findings of fact and recommendation or to
    review the record and render a decision. If any hearing
    officer fails without good cause, specifically provided in
    writing to both parties and the State Board of Education,
    to render a decision or findings of fact and recommendation
    within 30 days after the hearing is concluded or the record
    is closed, whichever is later, the hearing officer shall be
    removed from the master list of hearing officers maintained
    by the State Board of Education for not more than 24
    months. The parties and the State Board of Education may
    also take such other actions as it deems appropriate,
    including recovering, reducing, or withholding any fees
    paid or to be paid to the hearing officer. If any hearing
    officer repeats such failure, he or she must be permanently
    removed from the master list maintained by the State Board
    of Education and may not be selected by parties through the
    alternative selection process under this paragraph (7) or
    paragraph (4) of this subsection (d). The board shall not
    lose jurisdiction to discharge a teacher if the hearing
    officer fails to render a decision or findings of fact and
    recommendation within the time specified in this Section.
    If the decision of the hearing officer for dismissal
    pursuant to Article 24A of this Code or of the school board
    for dismissal for cause is in favor of the teacher, then
    the hearing officer or school board shall order
    reinstatement to the same or substantially equivalent
    position and shall determine the amount for which the
    school board is liable, including, but not limited to, loss
    of income and benefits.
        (8) The school board, within 45 days after receipt of
    the hearing officer's findings of fact and recommendation
    as to whether (i) the conduct at issue occurred, (ii) the
    conduct that did occur was remediable, and (iii) the
    proposed dismissal should be sustained, shall issue a
    written order as to whether the teacher must be retained or
    dismissed for cause from its employ. The school board's
    written order shall incorporate the hearing officer's
    findings of fact, except that the school board may modify
    or supplement the findings of fact if, in its opinion, the
    findings of fact are against the manifest weight of the
    evidence.
        If the school board dismisses the teacher
    notwithstanding the hearing officer's findings of fact and
    recommendation, the school board shall make a conclusion in
    its written order, giving its reasons therefor, and such
    conclusion and reasons must be included in its written
    order. The failure of the school board to strictly adhere
    to the timelines contained in this Section shall not render
    it without jurisdiction to dismiss the teacher. The school
    board shall not lose jurisdiction to discharge the teacher
    for cause if the hearing officer fails to render a
    recommendation within the time specified in this Section.
    The decision of the school board is final, unless reviewed
    as provided in paragraph (9) of this subsection (d).
        If the school board retains the teacher, the school
    board shall enter a written order stating the amount of
    back pay and lost benefits, less mitigation, to be paid to
    the teacher, within 45 days after its retention order.
    Should the teacher object to the amount of the back pay and
    lost benefits or amount mitigated, the teacher shall give
    written objections to the amount within 21 days. If the
    parties fail to reach resolution within 7 days, the dispute
    shall be referred to the hearing officer, who shall
    consider the school board's written order and teacher's
    written objection and determine the amount to which the
    school board is liable. The costs of the hearing officer's
    review and determination must be paid by the board.
        (9) The decision of the hearing officer pursuant to
    Article 24A of this Code or of the school board's decision
    to dismiss for cause is final unless reviewed as provided
    in Section 24-16 of this Code Act. If the school board's
    decision to dismiss for cause is contrary to the hearing
    officer's recommendation, the court on review shall give
    consideration to the school board's decision and its
    supplemental findings of fact, if applicable, and the
    hearing officer's findings of fact and recommendation in
    making its decision. In the event such review is
    instituted, the school board shall be responsible for
    preparing and filing the record of proceedings, and such
    costs associated therewith must be divided equally between
    the parties.
        (10) If a decision of the hearing officer for dismissal
    pursuant to Article 24A of this Code or of the school board
    for dismissal for cause is adjudicated upon review or
    appeal in favor of the teacher, then the trial court shall
    order reinstatement and shall remand the matter to the
    school board with direction for entry of an order setting
    the amount of back pay, lost benefits, and costs, less
    mitigation. The teacher may challenge the school board's
    order setting the amount of back pay, lost benefits, and
    costs, less mitigation, through an expedited arbitration
    procedure, with the costs of the arbitrator borne by the
    school board.
        Any teacher who is reinstated by any hearing or
    adjudication brought under this Section shall be assigned
    by the board to a position substantially similar to the one
    which that teacher held prior to that teacher's suspension
    or dismissal.
        (11) Subject to any later effective date referenced in
    this Section for a specific aspect of the dismissal
    process, the changes made by Public Act 97-8 shall apply to
    dismissals instituted on or after September 1, 2011. Any
    dismissal instituted prior to September 1, 2011 must be
    carried out in accordance with the requirements of this
    Section prior to amendment by Public Act 97-8.
    (e) Nothing contained in Public Act 98-648 this amendatory
Act of the 98th General Assembly repeals, supersedes,
invalidates, or nullifies final decisions in lawsuits pending
on July 1, 2014 (the effective date of Public Act 98-648) this
amendatory Act of the 98th General Assembly in Illinois courts
involving the interpretation of Public Act 97-8.
(Source: P.A. 99-78, eff. 7-20-15; 100-768, eff. 1-1-19;
revised 9-28-18.)
 
    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
    Sec. 26-2a. A "truant" is defined as a child who is subject
to compulsory school attendance and who is absent without valid
cause, as defined under this Section, from such attendance for
more than 1% but less than 5% of the past 180 school days.
    "Valid cause" for absence shall be illness, observance of a
religious holiday, death in the immediate family, family
emergency, and shall include such other situations beyond the
control of the student as determined by the board of education
in each district, or such other circumstances which cause
reasonable concern to the parent for the mental, emotional, or
physical health or safety of the student.
    "Chronic or habitual truant" shall be defined as a child
who is subject to compulsory school attendance and who is
absent without valid cause from such attendance for 5% or more
of the previous 180 regular attendance days.
    "Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
    A "dropout" is defined as any child enrolled in grades 9
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program of
studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
    "Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
revised 10-4-18.)
 
    (105 ILCS 5/26-12)  (from Ch. 122, par. 26-12)
    Sec. 26-12. Punitive action.
    (a) No punitive action, including out-of-school out of
school suspensions, expulsions, or court action, shall be taken
against truant minors for such truancy unless appropriate and
available supportive services and other school resources have
been provided to the student. Notwithstanding the provisions of
Section 10-22.6 of this Code, a truant minor may not be
expelled for nonattendance unless he or she has accrued 15
consecutive days of absences without valid cause and the
student cannot be located by the school district or the school
district has located the student but cannot, after exhausting
all available supportive support services, compel the student
to return to school.
    (b) A school district may not refer a truant, chronic
truant, or truant minor to any other local public entity, as
defined under Section 1-206 of the Local Governmental and
Governmental Employees Tort Immunity Act, for that local public
entity to issue the child a fine or a fee as punishment for his
or her truancy.
    (c) A school district may refer any person having custody
or control of a truant, chronic truant, or truant minor to any
other local public entity, as defined under Section 1-206 of
the Local Governmental and Governmental Employees Tort
Immunity Act, for that local public entity to issue the person
a fine or fee for the child's truancy only if the school
district's truant officer, regional office of education, or
intermediate service center has been notified of the truant
behavior and the school district, regional office of education,
or intermediate service center has offered all appropriate and
available supportive services and other school resources to the
child. Before a school district may refer a person having
custody or control of a child to a municipality, as defined
under Section 1-1-2 of the Illinois Municipal Code, the school
district must provide the following appropriate and available
services:
        (1) For any child who is a homeless child, as defined
    under Section 1-5 of the Education for Homeless Children
    Act, a meeting between the child, the person having custody
    or control of the child, relevant school personnel, and a
    homeless liaison to discuss any barriers to the child's
    attendance due to the child's transitional living
    situation and to construct a plan that removes these
    barriers.
        (2) For any child with a documented disability, a
    meeting between the child, the person having custody or
    control of the child, and relevant school personnel to
    review the child's current needs and address the
    appropriateness of the child's placement and services. For
    any child subject to Article 14 of this Code, this meeting
    shall be an individualized education program meeting and
    shall include relevant members of the individualized
    education program team. For any child with a disability
    under Section 504 of the federal Rehabilitation Act of 1973
    (29 U.S.C. 794), this meeting shall be a Section 504 plan
    review and include relevant members of the Section 504 plan
    team.
        (3) For any child currently being evaluated by a school
    district for a disability or for whom the school has a
    basis of knowledge that the child is a child with a
    disability under 20 U.S.C. 1415(k)(5), the completion of
    the evaluation and determination of the child's
    eligibility for special education services.
    (d) Before a school district may refer a person having
custody or control of a child to a local public entity under
this Section, the school district must document any appropriate
and available supportive services offered to the child. In the
event a meeting under this Section does not occur, a school
district must have documentation that it made reasonable
efforts to convene the meeting at a mutually convenient time
and date for the school district and the person having custody
or control of the child and, but for the conduct of that
person, the meeting would have occurred.
(Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;
revised 10-5-18.)
 
    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
    Sec. 27-8.1. Health examinations and immunizations.
    (1) In compliance with rules and regulations which the
Department of Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall have a
health examination as follows: within one year prior to
entering kindergarten or the first grade of any public,
private, or parochial elementary school; upon entering the
sixth and ninth grades of any public, private, or parochial
school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade,
immediately prior to or upon entrance into any public, private,
or parochial school or nursery school, each child shall present
proof of having been examined in accordance with this Section
and the rules and regulations promulgated hereunder. Any child
who received a health examination within one year prior to
entering the fifth grade for the 2007-2008 school year is not
required to receive an additional health examination in order
to comply with the provisions of Public Act 95-422 when he or
she attends school for the 2008-2009 school year, unless the
child is attending school for the first time as provided in
this paragraph.
    A tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. Additional health examinations of pupils,
including eye examinations, may be required when deemed
necessary by school authorities. Parents are encouraged to have
their children undergo eye examinations at the same points in
time required for health examinations.
    (1.5) In compliance with rules adopted by the Department of
Public Health and except as otherwise provided in this Section,
all children in kindergarten and the second, sixth, and ninth
grades of any public, private, or parochial school shall have a
dental examination. Each of these children shall present proof
of having been examined by a dentist in accordance with this
Section and rules adopted under this Section before May 15th of
the school year. If a child in the second, sixth, or ninth
grade fails to present proof by May 15th, the school may hold
the child's report card until one of the following occurs: (i)
the child presents proof of a completed dental examination or
(ii) the child presents proof that a dental examination will
take place within 60 days after May 15th. The Department of
Public Health shall establish, by rule, a waiver for children
who show an undue burden or a lack of access to a dentist. Each
public, private, and parochial school must give notice of this
dental examination requirement to the parents and guardians of
students at least 60 days before May 15th of each school year.
    (1.10) Except as otherwise provided in this Section, all
children enrolling in kindergarten in a public, private, or
parochial school on or after January 1, 2008 (the effective
date of Public Act 95-671) and any student enrolling for the
first time in a public, private, or parochial school on or
after January 1, 2008 (the effective date of Public Act 95-671)
shall have an eye examination. Each of these children shall
present proof of having been examined by a physician licensed
to practice medicine in all of its branches or a licensed
optometrist within the previous year, in accordance with this
Section and rules adopted under this Section, before October
15th of the school year. If the child fails to present proof by
October 15th, the school may hold the child's report card until
one of the following occurs: (i) the child presents proof of a
completed eye examination or (ii) the child presents proof that
an eye examination will take place within 60 days after October
15th. The Department of Public Health shall establish, by rule,
a waiver for children who show an undue burden or a lack of
access to a physician licensed to practice medicine in all of
its branches who provides eye examinations or to a licensed
optometrist. Each public, private, and parochial school must
give notice of this eye examination requirement to the parents
and guardians of students in compliance with rules of the
Department of Public Health. Nothing in this Section shall be
construed to allow a school to exclude a child from attending
because of a parent's or guardian's failure to obtain an eye
examination for the child.
    (2) The Department of Public Health shall promulgate rules
and regulations specifying the examinations and procedures
that constitute a health examination, which shall include an
age-appropriate developmental screening, an age-appropriate
social and emotional screening, and the collection of data
relating to asthma and obesity (including at a minimum, date of
birth, gender, height, weight, blood pressure, and date of
exam), and a dental examination and may recommend by rule that
certain additional examinations be performed. The rules and
regulations of the Department of Public Health shall specify
that a tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. With respect to the developmental screening and
the social and emotional screening, the Department of Public
Health must, no later than January 1, 2019, develop rules and
appropriate revisions to the Child Health Examination form in
conjunction with a statewide organization representing school
boards; a statewide organization representing pediatricians;
statewide organizations representing individuals holding
Illinois educator licenses with school support personnel
endorsements, including school social workers, school
psychologists, and school nurses; a statewide organization
representing children's mental health experts; a statewide
organization representing school principals; the Director of
Healthcare and Family Services or his or her designee, the
State Superintendent of Education or his or her designee; and
representatives of other appropriate State agencies and, at a
minimum, must recommend the use of validated screening tools
appropriate to the child's age or grade, and, with regard to
the social and emotional screening, require recording only
whether or not the screening was completed. The rules shall
take into consideration the screening recommendations of the
American Academy of Pediatrics and must be consistent with the
State Board of Education's social and emotional learning
standards. The Department of Public Health shall specify that a
diabetes screening as defined by rule shall be included as a
required part of each health examination. Diabetes testing is
not required.
    Physicians licensed to practice medicine in all of its
branches, licensed advanced practice registered nurses, or
licensed physician assistants shall be responsible for the
performance of the health examinations, other than dental
examinations, eye examinations, and vision and hearing
screening, and shall sign all report forms required by
subsection (4) of this Section that pertain to those portions
of the health examination for which the physician, advanced
practice registered nurse, or physician assistant is
responsible. If a registered nurse performs any part of a
health examination, then a physician licensed to practice
medicine in all of its branches must review and sign all
required report forms. Licensed dentists shall perform all
dental examinations and shall sign all report forms required by
subsection (4) of this Section that pertain to the dental
examinations. Physicians licensed to practice medicine in all
its branches or licensed optometrists shall perform all eye
examinations required by this Section and shall sign all report
forms required by subsection (4) of this Section that pertain
to the eye examination. For purposes of this Section, an eye
examination shall at a minimum include history, visual acuity,
subjective refraction to best visual acuity near and far,
internal and external examination, and a glaucoma evaluation,
as well as any other tests or observations that in the
professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered
examinations as that term is used in this Section, shall be
conducted in accordance with rules and regulations of the
Department of Public Health, and by individuals whom the
Department of Public Health has certified. In these rules and
regulations, the Department of Public Health shall require that
individuals conducting vision screening tests give a child's
parent or guardian written notification, before the vision
screening is conducted, that states, "Vision screening is not a
substitute for a complete eye and vision evaluation by an eye
doctor. Your child is not required to undergo this vision
screening if an optometrist or ophthalmologist has completed
and signed a report form indicating that an examination has
been administered within the previous 12 months.".
    (2.5) With respect to the developmental screening and the
social and emotional screening portion of the health
examination, each child may present proof of having been
screened in accordance with this Section and the rules adopted
under this Section before October 15th of the school year. With
regard to the social and emotional screening only, the
examining health care provider shall only record whether or not
the screening was completed. If the child fails to present
proof of the developmental screening or the social and
emotional screening portions of the health examination by
October 15th of the school year, qualified school support
personnel may, with a parent's or guardian's consent, offer the
developmental screening or the social and emotional screening
to the child. Each public, private, and parochial school must
give notice of the developmental screening and social and
emotional screening requirements to the parents and guardians
of students in compliance with the rules of the Department of
Public Health. Nothing in this Section shall be construed to
allow a school to exclude a child from attending because of a
parent's or guardian's failure to obtain a developmental
screening or a social and emotional screening for the child.
Once a developmental screening or a social and emotional
screening is completed and proof has been presented to the
school, the school may, with a parent's or guardian's consent,
make available appropriate school personnel to work with the
parent or guardian, the child, and the provider who signed the
screening form to obtain any appropriate evaluations and
services as indicated on the form and in other information and
documentation provided by the parents, guardians, or provider.
    (3) Every child shall, at or about the same time as he or
she receives a health examination required by subsection (1) of
this Section, present to the local school proof of having
received such immunizations against preventable communicable
diseases as the Department of Public Health shall require by
rules and regulations promulgated pursuant to this Section and
the Communicable Disease Prevention Act.
    (4) The individuals conducting the health examination,
dental examination, or eye examination shall record the fact of
having conducted the examination, and such additional
information as required, including for a health examination
data relating to asthma and obesity (including at a minimum,
date of birth, gender, height, weight, blood pressure, and date
of exam), on uniform forms which the Department of Public
Health and the State Board of Education shall prescribe for
statewide use. The examiner shall summarize on the report form
any condition that he or she suspects indicates a need for
special services, including for a health examination factors
relating to asthma or obesity. The duty to summarize on the
report form does not apply to social and emotional screenings.
The confidentiality of the information and records relating to
the developmental screening and the social and emotional
screening shall be determined by the statutes, rules, and
professional ethics governing the type of provider conducting
the screening. The individuals confirming the administration
of required immunizations shall record as indicated on the form
that the immunizations were administered.
    (5) If a child does not submit proof of having had either
the health examination or the immunization as required, then
the child shall be examined or receive the immunization, as the
case may be, and present proof by October 15 of the current
school year, or by an earlier date of the current school year
established by a school district. To establish a date before
October 15 of the current school year for the health
examination or immunization as required, a school district must
give notice of the requirements of this Section 60 days prior
to the earlier established date. If for medical reasons one or
more of the required immunizations must be given after October
15 of the current school year, or after an earlier established
date of the current school year, then the child shall present,
by October 15, or by the earlier established date, a schedule
for the administration of the immunizations and a statement of
the medical reasons causing the delay, both the schedule and
the statement being issued by the physician, advanced practice
registered nurse, physician assistant, registered nurse, or
local health department that will be responsible for
administration of the remaining required immunizations. If a
child does not comply by October 15, or by the earlier
established date of the current school year, with the
requirements of this subsection, then the local school
authority shall exclude that child from school until such time
as the child presents proof of having had the health
examination as required and presents proof of having received
those required immunizations which are medically possible to
receive immediately. During a child's exclusion from school for
noncompliance with this subsection, the child's parents or
legal guardian shall be considered in violation of Section 26-1
and subject to any penalty imposed by Section 26-10. This
subsection (5) does not apply to dental examinations, eye
examinations, and the developmental screening and the social
and emotional screening portions of the health examination. If
the student is an out-of-state transfer student and does not
have the proof required under this subsection (5) before
October 15 of the current year or whatever date is set by the
school district, then he or she may only attend classes (i) if
he or she has proof that an appointment for the required
vaccinations has been scheduled with a party authorized to
submit proof of the required vaccinations. If the proof of
vaccination required under this subsection (5) is not submitted
within 30 days after the student is permitted to attend
classes, then the student is not to be permitted to attend
classes until proof of the vaccinations has been properly
submitted. No school district or employee of a school district
shall be held liable for any injury or illness to another
person that results from admitting an out-of-state transfer
student to class that has an appointment scheduled pursuant to
this subsection (5).
    (6) Every school shall report to the State Board of
Education by November 15, in the manner which that agency shall
require, the number of children who have received the necessary
immunizations and the health examination (other than a dental
examination or eye examination) as required, indicating, of
those who have not received the immunizations and examination
as required, the number of children who are exempt from health
examination and immunization requirements on religious or
medical grounds as provided in subsection (8). On or before
December 1 of each year, every public school district and
registered nonpublic school shall make publicly available the
immunization data they are required to submit to the State
Board of Education by November 15. The immunization data made
publicly available must be identical to the data the school
district or school has reported to the State Board of
Education.
    Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required dental
examination, indicating, of those who have not received the
required dental examination, the number of children who are
exempt from the dental examination on religious grounds as
provided in subsection (8) of this Section and the number of
children who have received a waiver under subsection (1.5) of
this Section.
    Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required eye
examination, indicating, of those who have not received the
required eye examination, the number of children who are exempt
from the eye examination as provided in subsection (8) of this
Section, the number of children who have received a waiver
under subsection (1.10) of this Section, and the total number
of children in noncompliance with the eye examination
requirement.
    The reported information under this subsection (6) shall be
provided to the Department of Public Health by the State Board
of Education.
    (7) Upon determining that the number of pupils who are
required to be in compliance with subsection (5) of this
Section is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made pursuant to
Section 18-8.05 or 18-8.15 to the school district for such year
may be withheld by the State Board of Education until the
number of students in compliance with subsection (5) is the
applicable specified percentage or higher.
    (8) Children of parents or legal guardians who object to
health, dental, or eye examinations or any part thereof, to
immunizations, or to vision and hearing screening tests on
religious grounds shall not be required to undergo the
examinations, tests, or immunizations to which they so object
if such parents or legal guardians present to the appropriate
local school authority a signed Certificate of Religious
Exemption detailing the grounds for objection and the specific
immunizations, tests, or examinations to which they object. The
grounds for objection must set forth the specific religious
belief that conflicts with the examination, test,
immunization, or other medical intervention. The signed
certificate shall also reflect the parent's or legal guardian's
understanding of the school's exclusion policies in the case of
a vaccine-preventable disease outbreak or exposure. The
certificate must also be signed by the authorized examining
health care provider responsible for the performance of the
child's health examination confirming that the provider
provided education to the parent or legal guardian on the
benefits of immunization and the health risks to the student
and to the community of the communicable diseases for which
immunization is required in this State. However, the health
care provider's signature on the certificate reflects only that
education was provided and does not allow a health care
provider grounds to determine a religious exemption. Those
receiving immunizations required under this Code shall be
provided with the relevant vaccine information statements that
are required to be disseminated by the federal National
Childhood Vaccine Injury Act of 1986, which may contain
information on circumstances when a vaccine should not be
administered, prior to administering a vaccine. A healthcare
provider may consider including without limitation the
nationally accepted recommendations from federal agencies such
as the Advisory Committee on Immunization Practices, the
information outlined in the relevant vaccine information
statement, and vaccine package inserts, along with the
healthcare provider's clinical judgment, to determine whether
any child may be more susceptible to experiencing an adverse
vaccine reaction than the general population, and, if so, the
healthcare provider may exempt the child from an immunization
or adopt an individualized immunization schedule. The
Certificate of Religious Exemption shall be created by the
Department of Public Health and shall be made available and
used by parents and legal guardians by the beginning of the
2015-2016 school year. Parents or legal guardians must submit
the Certificate of Religious Exemption to their local school
authority prior to entering kindergarten, sixth grade, and
ninth grade for each child for which they are requesting an
exemption. The religious objection stated need not be directed
by the tenets of an established religious organization.
However, general philosophical or moral reluctance to allow
physical examinations, eye examinations, immunizations, vision
and hearing screenings, or dental examinations does not provide
a sufficient basis for an exception to statutory requirements.
The local school authority is responsible for determining if
the content of the Certificate of Religious Exemption
constitutes a valid religious objection. The local school
authority shall inform the parent or legal guardian of
exclusion procedures, in accordance with the Department's
rules under Part 690 of Title 77 of the Illinois Administrative
Code, at the time the objection is presented.
    If the physical condition of the child is such that any one
or more of the immunizing agents should not be administered,
the examining physician, advanced practice registered nurse,
or physician assistant responsible for the performance of the
health examination shall endorse that fact upon the health
examination form.
    Exempting a child from the health, dental, or eye
examination does not exempt the child from participation in the
program of physical education training provided in Sections
27-5 through 27-7 of this Code.
    (8.5) The school board of a school district shall include
informational materials regarding influenza and influenza
vaccinations and meningococcal disease and meningococcal
vaccinations developed, provided, or approved by the
Department of Public Health under Section 2310-700 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois when the board provides
information on immunizations, infectious diseases,
medications, or other school health issues to the parents or
guardians of students.
    (9) For the purposes of this Section, "nursery schools"
means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
(Source: P.A. 99-173, eff. 7-29-15; 99-249, eff. 8-3-15;
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-238, eff.
1-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; 100-829,
eff. 1-1-19; 100-863, eff. 8-14-18; 100-977, eff. 1-1-19;
100-1011, eff. 8-21-18; revised 10-5-18.)
 
    (105 ILCS 5/27-22.05)
    Sec. 27-22.05. Required course substitute. Notwithstanding
any other provision of this Article or this Code, a school
board that maintains any of grades 9 through 12 is authorized
to adopt a policy under which a student who is enrolled in any
of those grades may satisfy one or more high school course or
graduation requirements, including, but not limited to, any
requirements under Sections 27-6 and 27-22, by successfully
completing a registered apprenticeship program under rules
adopted by the State Board of Education under Section 2-3.175
2-3.173 of this Code, or by substituting for and successfully
completing in place of the high school course or graduation
requirement a related vocational or technical education
course. A vocational or technical education course shall not
qualify as a related vocational or technical education course
within the meaning of this Section unless it contains at least
50% of the content of the required course or graduation
requirement for which it is substituted, as determined by the
State Board of Education in accordance with standards that it
shall adopt and uniformly apply for purposes of this Section.
No vocational or technical education course may be substituted
for a required course or graduation requirement under any
policy adopted by a school board as authorized in this Section
unless the pupil's parent or guardian first requests the
substitution and approves it in writing on forms that the
school district makes available for purposes of this Section.
(Source: P.A. 100-992, eff. 8-20-18; revised 10-16-18.)
 
    (105 ILCS 5/27-23.11)
    Sec. 27-23.11. Traffic injury prevention; policy. The
school board of a school district that maintains any of grades
kindergarten through 8 shall adopt a policy on educating
students on the effective methods of preventing and avoiding
traffic injuries related to walking and bicycling, which
education must be made available to students in grades
kindergarten through 8.
(Source: P.A. 100-1056, eff. 8-24-18.)
 
    (105 ILCS 5/27-23.12)
    Sec. 27-23.12 27-23.11. Emotional Intelligence and Social
and Emotional Learning Task Force. The Emotional Intelligence
and Social and Emotional Learning Task Force is created to
develop curriculum and assessment guidelines and best
practices on emotional intelligence and social and emotional
learning. The Task Force shall consist of the State
Superintendent of Education or his or her designee and all of
the following members, appointed by the State Superintendent:
        (1) A representative of a school district organized
    under Article 34 of this Code.
        (2) A representative of a statewide organization
    representing school boards.
        (3) A representative of a statewide organization
    representing individuals holding professional educator
    licenses with school support personnel endorsements under
    Article 21B of this Code, including school social workers,
    school psychologists, and school nurses.
        (4) A representative of a statewide organization
    representing children's mental health experts.
        (5) A representative of a statewide organization
    representing school principals.
        (6) An employee of a school under Article 13A of this
    Code.
        (7) A school psychologist employed by a school district
    in Cook County.
        (8) Representatives of other appropriate State
    agencies, as determined by the State Superintendent.
    Members appointed by the State Superintendent shall serve
without compensation but shall be reimbursed for their
reasonable and necessary expenses from funds appropriated to
the State Board of Education for that purpose, including
travel, subject to the rules of the appropriate travel control
board. The Task Force shall meet at the call of the State
Superintendent. The State Board of Education shall provide
administrative and other support to the Task Force.
    The Task Force shall develop age-appropriate, emotional
intelligence and social and emotional learning curriculum and
assessment guidelines and best practices for elementary
schools and high schools. The guidelines shall, at a minimum,
include teaching how to recognize, direct, and positively
express emotions. The Task Force shall complete the guidelines
on or before January 1, 2019. Upon completion of the guidelines
the Task Force is dissolved.
(Source: P.A. 100-1139, eff. 11-28-18; revised 12-19-18.)
 
    (105 ILCS 5/27A-5)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on April 16, 2003 (the effective date of Public Act 93-3), in
all new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the charter
school shall be limited to one campus. The changes made to this
Section by Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
    (b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
    From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
    On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with
virtual-schooling, and issues with oversight. The report shall
include policy recommendations for virtual-schooling.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
    (d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and school
personnel. "Non-curricular health and safety requirement" does
not include any course of study or specialized instructional
requirement for which the State Board has established goals and
learning standards or which is designed primarily to impart
knowledge and skills for students to master and apply as an
outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall be
updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English learners, and its charter. A charter school is exempt
from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
    criminal history records checks and checks of the Statewide
    Sex Offender Database and Statewide Murderer and Violent
    Offender Against Youth Database of applicants for
    employment;
        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school report
    cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code; and
        (14) Section 26-18 of this Code; and
        (15) Section 22-30 of this Code.
    The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after April
16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age or
grade level.
    (k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
eff. 8-14-18; revised 10-5-18.)
 
    Section 390. The Illinois Mathematics and Science Academy
Law is amended by changing Section 4 as follows:
 
    (105 ILCS 305/4)  (from Ch. 122, par. 1503-4)
    Sec. 4. Powers of the Board. The board is hereby authorized
to:
        (a) Accept donations, bequests, or other forms of
    financial assistance for educational purposes from any
    public or private person or agency and comply with rules
    and regulations governing grants from the federal
    government or from any other person or agency, which are
    not in contravention of the Illinois Constitution or the
    laws of the State of Illinois.
        (b) Purchase equipment and make improvements to
    facilities necessary for the use of the school, in
    accordance with applicable law.
        (c) Adopt, amend, or repeal rules, regulations, and
    policies necessary or proper for the conduct of the
    business of the board.
        (d) Award certificates and issue diplomas for
    successful completion of programs of study requirements.
        (e) Select a Director who shall be the chief
    administrative officer of the Academy and who shall
    administer the rules, regulations, and policies adopted by
    the Board pursuant hereto. The Director shall also be the
    chief administrative officer of the Board and shall be
    responsible for all the administrative functions, duties,
    and needs of the Board.
        (f) Determine faculty and staff positions necessary
    for the efficient operation of the school and select
    personnel for such positions.
        (g) Prepare and adopt an annual budget necessary for
    the continued operation of the school.
        (h) Enter into contracts and agreements which have been
    recommended by the Director, in accordance with applicable
    law, and to the extent that funds are specifically
    appropriated therefor, with other public agencies with
    respect to cooperative enterprises and undertaking related
    to or associated with an educational purpose or program
    affecting education in the school. This shall not preclude
    the Board from entering into other such contracts and
    agreements that it may deem necessary to carry out its
    duties and functions.
        (i) Perform such other functions as are necessary to
    the supervision and control of those phases of education
    under its supervision and control.
    (j) The Board shall delegate to the Director such of its
administrative powers and duties as it deems appropriate to aid
the Director in the efficient administration of his
responsibility for the implementation of the policies of the
Board.
    (k) The Academy shall be empowered to lease or purchase
real and personal property on commercially reasonable terms for
the use of the Academy. After July 1, 1988, any leases or
purchases of real or personal property and any disposition
thereof by the Academy must be in compliance with the
provisions of The Civil Administrative Code of Illinois and the
State Property Control Act. Personal property acquired for the
use of the Academy shall be inventoried and disposed of in
accordance with the State Property Control Act.
    In addition to the authorities granted herein and any
powers, duties, and responsibilities vested by any other
applicable laws, the Board shall:
        (1) Adopt rules, regulations, and policies necessary
    for the efficient operation of the school.
        (2) Establish criteria to be used in determining
    eligibility of applicants for enrollment. Such criteria
    shall ensure adequate geographic representation of this
    State and adequate sexual and ethnic representation.
        (3) Determine subjects and extracurricular activities
    to be offered.
        (4) Pay salaries and expenses, including but not
    necessarily restricted to facilities, equipment, and
    supplies of the faculty and staff of the Academy out of
    funds appropriated or otherwise made available for the
    operating and administrative expenses of the Board and the
    Academy.
        (5) Exercise budgetary responsibility and allocate for
    expenditure by the Academy and programs under its
    jurisdiction, all monies appropriated or otherwise made
    available for purposes of the Board and of such Academy and
    programs.
        (6) Prescribe and select for use in the school free
    school books and other materials of instruction for
    children enrolled in the school and programs under its
    jurisdiction for which the General Assembly provides
    funds. However, free school books and other materials of
    instruction need not be provided to students who are not
    Illinois residents, and a fee may be charged to such
    students for books and materials.
        (7) Prepare and adopt or approve programs of study and
    rules, bylaws, and regulations for the conduct of students
    and for the government of the school and programs under its
    jurisdiction.
        (8) Employ such personnel as may be needed, establish
    policies governing their employment and dismissal, and fix
    the amount of their compensation. In the employment,
    establishment of policies and fixing of compensation the
    board may make no discrimination on account of sex, race,
    creed, color or national origin.
    The Academy, its board of trustees, and its employees shall
be represented and indemnified in certain civil law suits in
accordance with the State Employee Indemnification Act "An Act
to provide for representation and indemnification in certain
civil law suits", approved December 3, 1977, as amended.
    Neither the Academy, nor its officers, employees or board
members shall participate in the creation of any corporation,
joint venture, partnership, association, or other
organizational entity which exercises, expands, or enhances
the powers, duties, or responsibilities of the Academy unless
specifically authorized by the General Assembly by law.
    This Section does not restrict the Academy from creating
any organization entity which is within or a part of the
Academy.
(Source: P.A. 100-937, eff. 1-1-19; revised 9-28-18.)
 
    Section 395. The Behavioral Health Workforce Education
Center Task Force Act is amended by changing Section 5 as
follows:
 
    (110 ILCS 165/5)
    Sec. 5. Behavioral Health Workforce Education Center Task
Force.
    (a) The Behavioral Health Education Center Task Force is
created.
    (b) The Task Force shall be composed of the following
members:
        (1) the Executive Director of the Board of Higher
    Education, or his or her designee;
        (2) a representative of Southern Illinois University
    at Carbondale, appointed by the chancellor of Southern
    Illinois University at Carbondale;
        (3) a representative of Southern Illinois University
    at Edwardsville, appointed by the chancellor of Southern
    Illinois University at Edwardsville;
        (4) a representative of Southern Illinois University
    School of Medicine, appointed by the President of Southern
    Illinois University;
        (5) a representative of the University of Illinois at
    Urbana-Champaign, appointed by the chancellor of the
    University of Illinois at Urbana-Champaign; :
        (6) a representative of the University of Illinois at
    Chicago, appointed by the chancellor of the University of
    Illinois at Chicago;
        (7) a representative of the University of Illinois at
    Springfield, appointed by the chancellor of the University
    of Illinois at Springfield;
        (8) a representative of the University of Illinois
    School of Medicine, appointed by the President of the
    University of Illinois;
        (9) a representative of the University of Illinois at
    Chicago Hospital & Health Sciences System (UI Health),
    appointed by the Vice Chancellor for Health Affairs of the
    University of Illinois at Chicago;
        (10) a representative of the Division of Mental Health
    of the Department of Human Services, appointed by the
    Secretary of Human Services;
        (11) 2 representatives of a statewide organization
    representing community behavioral healthcare, appointed by
    the President of Southern Illinois University from
    nominations made by the statewide organization; and
        (12) one representative from a hospital located in a
    municipality with more than 1,000,000 inhabitants that
    principally provides services to children.
    (c) The Task Force shall meet to organize and select a
chairperson from the non-governmental members of the Task Force
upon appointment of a majority of the members. The chairperson
shall be elected by a majority vote of the members of the Task
Force.
    (d) The Task Force may consult with any persons or entities
it deems necessary to carry out its purposes.
    (e) The members of the Task Force shall receive no
compensation for serving as members of the Task Force.
    (f) The Task Force shall study the concepts presented in
House Bill 5111, as introduced, of the 100th General Assembly.
Additionally, the Task Force shall consider the fiscal means by
which the General Assembly might most effectively fund
implementation of the concepts presented in House Bill 5111, as
introduced, of the 100th General Assembly.
    (g) The Task Force shall submit its findings and
recommendations to the General Assembly on or before September
28th, 2018. The report to the General Assembly shall be filed
with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct.
    (h) The Board of Higher Education shall provide technical
support and administrative assistance and support to the Task
Force and shall be responsible for administering its operations
and ensuring that the requirements of this Act are met.
(Source: P.A. 100-767, eff. 8-10-18; revised 10-9-18.)
 
    Section 400. The Board of Higher Education Act is amended
by changing Section 7 and by setting forth and renumbering
multiple versions of Section 9.37 as follows:
 
    (110 ILCS 205/7)  (from Ch. 144, par. 187)
    Sec. 7. The Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State University,
the Board of Trustees of Eastern Illinois University, the Board
of Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of Trustees of
Northeastern Illinois University, the Board of Trustees of
Northern Illinois University, the Board of Trustees of Western
Illinois University, the Illinois Community College Board and
the campuses under their governance or supervision shall not
hereafter undertake the establishment of any new unit of
instruction, research, or public service without the approval
of the Board. The term "new unit of instruction, research, or
public service" includes the establishment of a college,
school, division, institute, department, or other unit in any
field of instruction, research, or public service not
theretofore included in the program of the institution, and
includes the establishment of any new branch or campus. The
term does not include reasonable and moderate extensions of
existing curricula, research, or public service programs which
have a direct relationship to existing programs; and the Board
may, under its rulemaking rule making power, define the
character of such reasonable and moderate extensions.
    Such governing boards shall submit to the Board all
proposals for a new unit of instruction, research, or public
service. The Board may approve or disapprove the proposal in
whole or in part or approve modifications thereof whenever in
its judgment such action is consistent with the objectives of
an existing or proposed master plan of higher education.
    The Board of Higher Education is authorized to review
periodically all existing programs of instruction, research,
and public service at the State universities and colleges and
to advise the appropriate board of control if the contribution
of each program is not educationally and economically
justified. Each State university shall report annually to the
Board on programs of instruction, research, or public service
that have been terminated, dissolved, reduced, or consolidated
by the university. Each State university shall also report to
the Board all programs of instruction, research, and public
service that exhibit a trend of low performance in enrollments,
degree completions, and high expense per degree. The Board
shall compile an annual report that shall contain information
on new programs created, existing programs that have been
closed or consolidated, and programs that exhibit low
performance or productivity. The report must be submitted to
the General Assembly. The Board shall have the authority to
define relevant terms and timelines by rule with respect to
this reporting.
(Source: P.A. 97-610, eff. 1-1-12; revised 10-9-18.)
 
    (110 ILCS 205/9.37)
    (Section scheduled to be repealed on July 1, 2019)
    Sec. 9.37. The College and Career Interest Task Force.
    (a) The College and Career Interest Task Force is created
to determine the process by which Illinois public high school
student college or career interest data may be collected and
shared amongst public institutions of higher education. The
Task Force shall consist of all of the following members:
        (1) One member from each of the following public
    institutions of higher education, appointed by the board of
    trustees of the institution:
            (A) Chicago State University;
            (B) Eastern Illinois University;
            (C) Governors State University;
            (D) Illinois State University;
            (E) Northeastern Illinois University;
            (F) Northern Illinois University;
            (G) Southern Illinois University at Carbondale;
            (H) Southern Illinois University at Edwardsville;
            (I) University of Illinois at Chicago;
            (J) University of Illinois at Springfield;
            (K) University of Illinois at Urbana-Champaign;
        and
            (L) Western Illinois University.
        (2) One member from the Board, appointed by the Board.
        (3) One member from the Illinois Community College
    Board, appointed by the Illinois Community College Board.
        (4) One member from the Illinois Student Assistance
    Commission, appointed by the Illinois Student Assistance
    Commission.
        (5) The State Superintendent of Education, or his or
    her designee.
        (6) One member representing regional offices of
    education, recommended by a statewide organization that
    represents regional superintendents of schools.
        (7) One member representing school boards, recommended
    by a statewide organization that represents school boards.
        (8) One member representing school principals,
    recommended by a statewide organization that represents
    principals.
        (9) One member representing school administrators,
    recommended by a statewide organization that represents
    school administrators.
        (10) One member representing teachers, recommended by
    a statewide organization that represents teachers.
        (11) One member representing teachers, recommended by
    a different statewide organization that represents
    teachers.
        (12) One member representing teachers, recommended by
    an organization representing teachers of a school
    district.
        (13) One member representing Chicago Public Schools.
        (14) One member representing large unit school
    districts.
        (15) One member representing suburban school
    districts.
        (16) One member representing south suburban school
    districts.
        (17) One member representing a statewide organization
    focused on research-based education policy to support a
    school system that prepares all students for college, a
    career, and democratic citizenship.
        (18) One member representing an education advocacy
    organization that works with parents or guardians.
        (19) One member representing a high school district
    organization in this State.
    (b) Members of the Task Force shall serve without
compensation but may be reimbursed for their reasonable and
necessary expenses from funds appropriated to the Board for
that purpose, including travel, subject to the rules of the
appropriate travel control board. The Board shall provide
administrative and other support to the Task Force.
    (c) The Task Force shall meet at the call of the Board and
shall study the feasible methods by which the college or career
interest data of a high school student in this State may be
collected and shared amongst public institutions of higher
education. The Task Force shall submit the findings of the
study to the General Assembly on or before January 30, 2019, at
which time the Task Force is dissolved. The report to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
    (d) This Section is repealed on July 1, 2019.
(Source: P.A. 100-1007, eff. 8-21-18.)
 
    (110 ILCS 205/9.38)
    Sec. 9.38 9.37. Tuition waiver. The Board may not limit the
amount of tuition revenue that a public university may waive.
(Source: P.A. 100-824, eff. 8-13-18; revised 10-22-18.)
 
    Section 405. The University of Illinois Act is amended by
changing Section 7b as follows:
 
    (110 ILCS 305/7b)  (from Ch. 144, par. 28b)
    Sec. 7b. The Board of Trustees of the University of
Illinois shall have the power to acquire, own, construct,
enlarge, improve, and equip, and to operate, control and
manage, directly or through others, central heating, steam and
other energy generating and processing plants and distribution
facilities to serve University buildings, facilities and
activities. The Board of Trustees may contract for periods not
to exceed 10 years for delivery of coal, fuel oil and natural
gas, with payments to be made from appropriations for the year
in which the coal, fuel oil or natural gas is delivered;
provided that all such contracts for the delivery of fuel shall
recite that they are subject to termination and cancellation in
any year for which the General Assembly fails to make an
appropriation to make payments under the terms of such
contract. To the extent any such plant produces or processes
energy in excess of the University's requirements, the Board of
Trustees may at its discretion sell, transport and deliver to
others all or a part of said excess energy at such fees, rates
and charges as the Board of Trustees may determine from time to
time. No sale or other disposition of energy by the Board of
Trustees pursuant to this Section shall be deemed to constitute
the University of Illinois a public utility, nor shall the
University be otherwise deemed a public utility, that is
subject to the Public Utilities Act "An Act concerning public
utilities", approved June 29, 1921, as amended.
(Source: P.A. 88-494; revised 10-9-18.)
 
    Section 410. The Public Community College Act is amended by
changing Sections 2-11, 2-12, and 3-25.1 as follows:
 
    (110 ILCS 805/2-11)  (from Ch. 122, par. 102-11)
    Sec. 2-11. The State Board in cooperation with the
four-year colleges is empowered to develop articulation
procedures that maximize freedom of transfer among and between
community colleges and baccalaureate-granting baccalaureate
granting institutions, consistent with minimum admission
policies established by the Board of Higher Education.
(Source: P.A. 100-884, eff. 1-1-19; revised 10-9-18.)
 
    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
    Sec. 2-12. The State Board shall have the power and it
shall be its duty:
        (a) To provide statewide planning for community
    colleges as institutions of higher education and to
    coordinate the programs, services and activities of all
    community colleges in the State so as to encourage and
    establish a system of locally initiated and administered
    comprehensive community colleges.
        (b) To organize and conduct feasibility surveys for new
    community colleges or for the inclusion of existing
    institutions as community colleges and the locating of new
    institutions.
        (c) (Blank).
        (c-5) In collaboration with the community colleges, to
    furnish information for State and federal accountability
    purposes, promote student and institutional improvement,
    and meet research needs.
        (d) To cooperate with the community colleges in
    collecting and maintaining student characteristics,
    enrollment and completion data, faculty and staff
    characteristics, financial data, admission standards,
    qualification and certification of facilities, and any
    other issues facing community colleges.
        (e) To enter into contracts with other governmental
    agencies and eligible providers, such as local educational
    agencies, community-based organizations of demonstrated
    effectiveness, volunteer literacy organizations of
    demonstrated effectiveness, institutions of higher
    education, public and private nonprofit agencies,
    libraries, and public housing authorities; to accept
    federal funds and to plan with other State agencies when
    appropriate for the allocation of such federal funds for
    instructional programs and student services including such
    funds for adult education and literacy, vocational and
    career and technical education, and retraining as may be
    allocated by state and federal agencies for the aid of
    community colleges. To receive, receipt for, hold in trust,
    expend and administer, for all purposes of this Act, funds
    and other aid made available by the federal government or
    by other agencies public or private, subject to
    appropriation by the General Assembly. The changes to this
    subdivision (e) made by Public Act 91-830 this amendatory
    Act of the 91st General Assembly apply on and after July 1,
    2001.
        (f) To determine efficient and adequate standards for
    community colleges for the physical plant, heating,
    lighting, ventilation, sanitation, safety, equipment and
    supplies, instruction and teaching, curriculum, library,
    operation, maintenance, administration and supervision,
    and to grant recognition certificates to community
    colleges meeting such standards.
        (g) To determine the standards for establishment of
    community colleges and the proper location of the site in
    relation to existing institutions of higher education
    offering academic, occupational and technical training
    curricula, possible enrollment, assessed valuation,
    industrial, business, agricultural, and other conditions
    reflecting educational needs in the area to be served;
    however, no community college may be considered as being
    recognized nor may the establishment of any community
    college be authorized in any district which shall be deemed
    inadequate for the maintenance, in accordance with the
    desirable standards thus determined, of a community
    college offering the basic subjects of general education
    and suitable vocational and semiprofessional and technical
    curricula.
        (h) To approve or disapprove new units of instruction,
    research or public service as defined in Section 3-25.1 of
    this Act submitted by the boards of trustees of the
    respective community college districts of this State. The
    State Board may discontinue programs which fail to reflect
    the educational needs of the area being served. The
    community college district shall be granted 60 days
    following the State Board staff recommendation and prior to
    the State Board's action to respond to concerns regarding
    the program in question. If the State Board acts to abolish
    a community college program, the community college
    district has a right to appeal the decision in accordance
    with administrative rules promulgated by the State Board
    under the provisions of the Illinois Administrative
    Procedure Act.
        (i) To review and approve or disapprove any contract or
    agreement that community colleges enter into with any
    organization, association, educational institution, or
    government agency to provide educational services for
    academic credit. The State Board is authorized to monitor
    performance under any contract or agreement that is
    approved by the State Board. If the State Board does not
    approve a particular contract or agreement, the community
    college district has a right to appeal the decision in
    accordance with administrative rules promulgated by the
    State Board under the provisions of the Illinois
    Administrative Procedure Act. Nothing in this subdivision
    subsection (i) shall be interpreted as applying to
    collective bargaining agreements with any labor
    organization.
        (j) To establish guidelines regarding sabbatical
    leaves.
        (k) To establish guidelines for the admission into
    special, appropriate programs conducted or created by
    community colleges for elementary and secondary school
    dropouts who have received truant status from the school
    districts of this State in compliance with Section 26-14 of
    the The School Code.
        (l) (Blank).
        (m) (Blank).
        (n) To create and participate in the conduct and
    operation of any corporation, joint venture, partnership,
    association, or other organizational entity that has the
    power: (i) to acquire land, buildings, and other capital
    equipment for the use and benefit of the community colleges
    or their students; (ii) to accept gifts and make grants for
    the use and benefit of the community colleges or their
    students; (iii) to aid in the instruction and education of
    students of community colleges; and (iv) to promote
    activities to acquaint members of the community with the
    facilities of the various community colleges.
        (o) On and after July 1, 2001, to ensure the effective
    teaching of adults and to prepare them for success in
    employment and lifelong learning by administering a
    network of providers, programs, and services to provide
    adult basic education, adult secondary and high school
    equivalency testing education, English as a second
    language, and any other instruction designed to prepare
    adult students to function successfully in society and to
    experience success in postsecondary education and
    employment.
        (p) On and after July 1, 2001, to supervise the
    administration of adult education and literacy programs,
    to establish the standards for such courses of instruction
    and supervise the administration thereof, to contract with
    other State and local agencies and eligible providers of
    demonstrated effectiveness, such as local educational
    agencies, community-based organizations, volunteer
    literacy organizations, institutions of higher education,
    public and private nonprofit agencies, libraries, public
    housing authorities, and nonprofit non-profit institutions
    for the purpose of promoting and establishing classes for
    instruction under these programs, to contract with other
    State and local agencies to accept and expend
    appropriations for educational purposes to reimburse local
    eligible providers for the cost of these programs, and to
    establish an advisory council consisting of all categories
    of eligible providers; agency partners, such as the State
    Board of Education, the Department of Human Services, the
    Department of Employment Security, the Department of
    Commerce and Economic Opportunity, and the Secretary of
    State literacy program; and other stakeholders to
    identify, deliberate, and make recommendations to the
    State Board on adult education policy and priorities. The
    State Board shall support statewide geographic
    distribution; diversity of eligible providers; and the
    adequacy, stability, and predictability of funding so as
    not to disrupt or diminish, but rather to enhance, adult
    education and literacy services.
(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19;
revised 10-9-18.)
 
    (110 ILCS 805/3-25.1)  (from Ch. 122, par. 103-25.1)
    Sec. 3-25.1. To authorize application to the State Board
for the approval of new units of instruction, research, or
public service as defined in this Section and to establish such
new units following approval in accordance with the provisions
of this Act and the Board of Higher Education Act.
    The term "new unit of instruction, research, or public
service" includes the establishment of a college, school,
division, institute, department, or other unit including
majors and curricula in any field of instruction, research, or
public service not theretofore included in the program of the
community college, and includes the establishment of any new
branch or campus of the institution. The term shall not include
reasonable and moderate extensions of existing curricula,
research, or public service programs which have a direct
relationship to existing programs; and the State Board may,
under its rulemaking rule making power, define the character of
reasonable and moderate extensions.
(Source: P.A. 100-884, eff. 1-1-19; revised 10-9-18.)
 
    Section 415. The Higher Education Student Assistance Act is
amended by changing Sections 35, 55, 60, and 65.100 as follows:
 
    (110 ILCS 947/35)
    Sec. 35. Monetary award program.
    (a) The Commission shall, each year, receive and consider
applications for grant assistance under this Section. Subject
to a separate appropriation for such purposes, an applicant is
eligible for a grant under this Section when the Commission
finds that the applicant:
        (1) is a resident of this State and a citizen or
    permanent resident of the United States; and
        (2) in the absence of grant assistance, will be
    deterred by financial considerations from completing an
    educational program at the qualified institution of his or
    her choice.
    (b) The Commission shall award renewals only upon the
student's application and upon the Commission's finding that
the applicant:
        (1) has remained a student in good standing;
        (2) remains a resident of this State; and
        (3) is in a financial situation that continues to
    warrant assistance.
    (c) All grants shall be applicable only to tuition and
necessary fee costs. The Commission shall determine the grant
amount for each student, which shall not exceed the smallest of
the following amounts:
        (1) subject to appropriation, $5,468 for fiscal year
    2009, $5,968 for fiscal year 2010, and $6,468 for fiscal
    year 2011 and each fiscal year thereafter, or such lesser
    amount as the Commission finds to be available, during an
    academic year;
        (2) the amount which equals 2 semesters or 3 quarters
    tuition and other necessary fees required generally by the
    institution of all full-time undergraduate students; or
        (3) such amount as the Commission finds to be
    appropriate in view of the applicant's financial
    resources.
    Subject to appropriation, the maximum grant amount for
students not subject to subdivision (1) of this subsection (c)
must be increased by the same percentage as any increase made
by law to the maximum grant amount under subdivision (1) of
this subsection (c).
    "Tuition and other necessary fees" as used in this Section
include the customary charge for instruction and use of
facilities in general, and the additional fixed fees charged
for specified purposes, which are required generally of
nongrant recipients for each academic period for which the
grant applicant actually enrolls, but do not include fees
payable only once or breakage fees and other contingent
deposits which are refundable in whole or in part. The
Commission may prescribe, by rule not inconsistent with this
Section, detailed provisions concerning the computation of
tuition and other necessary fees.
    (d) No applicant, including those presently receiving
scholarship assistance under this Act, is eligible for monetary
award program consideration under this Act after receiving a
baccalaureate degree or the equivalent of 135 semester credit
hours of award payments.
    (d-5) In this subsection (d-5), "renewing applicant" means
a student attending an institution of higher learning who
received a Monetary Award Program grant during the prior
academic year. Beginning with the processing of applications
for the 2020-2021 academic year, the Commission shall annually
publish a priority deadline date for renewing applicants.
Subject to appropriation, a renewing applicant who files by the
published priority deadline date shall receive a grant if he or
she continues to meet the eligibility requirements under this
Section. A renewing applicant's failure to apply by the
priority deadline date established under this subsection (d-5)
shall not disqualify him or her from receiving a grant if
sufficient funding is available to provide awards after that
date.
    (e) The Commission, in determining the number of grants to
be offered, shall take into consideration past experience with
the rate of grant funds unclaimed by recipients. The Commission
shall notify applicants that grant assistance is contingent
upon the availability of appropriated funds.
    (e-5) The General Assembly finds and declares that it is an
important purpose of the Monetary Award Program to facilitate
access to college both for students who pursue postsecondary
education immediately following high school and for those who
pursue postsecondary education later in life, particularly
Illinoisans who are dislocated workers with financial need and
who are seeking to improve their economic position through
education. For the 2015-2016 and 2016-2017 academic years, the
Commission shall give additional and specific consideration to
the needs of dislocated workers with the intent of allowing
applicants who are dislocated workers an opportunity to secure
financial assistance even if applying later than the general
pool of applicants. The Commission's consideration shall
include, in determining the number of grants to be offered, an
estimate of the resources needed to serve dislocated workers
who apply after the Commission initially suspends award
announcements for the upcoming regular academic year, but prior
to the beginning of that academic year. For the purposes of
this subsection (e-5), a dislocated worker is defined as in the
federal Workforce Innovation and Opportunity Act.
    (f) (Blank).
    (g) The Commission shall determine the eligibility of and
make grants to applicants enrolled at qualified for-profit
institutions in accordance with the criteria set forth in this
Section. The eligibility of applicants enrolled at such
for-profit institutions shall be limited as follows:
        (1) Beginning with the academic year 1997, only to
    eligible first-time freshmen and first-time transfer
    students who have attained an associate degree.
        (2) Beginning with the academic year 1998, only to
    eligible freshmen students, transfer students who have
    attained an associate degree, and students who receive a
    grant under paragraph (1) for the academic year 1997 and
    whose grants are being renewed for the academic year 1998.
        (3) Beginning with the academic year 1999, to all
    eligible students.
    (h) The Commission may adopt rules to implement this
Section.
(Source: P.A. 100-477, eff. 9-8-17; 100-621, eff. 7-20-18;
100-823, eff. 8-13-18; revised 10-10-18.)
 
    (110 ILCS 947/55)
    Sec. 55. Police officer or fire officer survivor grant.
Grants shall be provided for any spouse, natural child, legally
adopted child, or child in the legal custody of police officers
and fire officers who are killed or who become a person with a
permanent disability with 90% to 100% disability in the line of
duty while employed by, or in the voluntary service of, this
State or any local public entity in this State. Beneficiaries
need not be Illinois residents at the time of enrollment in
order to receive this grant. With respect to disabled police
and fire officers, children need not to be born, legally
adopted, or in the legal custody of the officer before the
disability occurred in order to receive this grant.
Beneficiaries are entitled to 8 semesters or 12 quarters of
full payment of tuition and mandatory fees at any
State-sponsored Illinois institution of higher learning for
either full or part-time study, or the equivalent of 8
semesters or 12 quarters of payment of tuition and mandatory
fees at the rate established by the Commission for private
institutions in the State of Illinois, provided the recipient
is maintaining satisfactory academic progress. This benefit
may be used for undergraduate or graduate study. The benefits
of this Section shall be administered by and paid out of funds
available to the Commission and shall accrue to the bona fide
applicant without the requirement of demonstrating financial
need to qualify for those benefits.
(Source: P.A. 99-143, eff. 7-27-15; 100-673, eff. 8-3-18;
revised 10-10-18.)
 
    (110 ILCS 947/60)
    Sec. 60. Grants for dependents of Department of Corrections
employees who are killed or who become a person with a
permanent disability in the line of duty. Any spouse, natural
child, legally adopted child, or child in the legal custody of
an employee of the Department of Corrections who is assigned to
a security position with the Department with responsibility for
inmates of any correctional institution under the jurisdiction
of the Department and who is killed or who becomes a person
with a permanent disability with 90% to 100% disability in the
line of duty is entitled to 8 semesters or 12 quarters of full
payment of tuition and mandatory fees at any State-supported
Illinois institution of higher learning for either full or
part-time study, or the equivalent of 8 semesters or 12
quarters of payment of tuition and mandatory fees at the rate
established by the Commission for private institutions in the
State of Illinois, provided the recipient is maintaining
satisfactory academic progress. This benefit may be used for
undergraduate or graduate study. Beneficiaries need not be
Illinois residents at the time of enrollment in order to
receive this grant. With respect to disabled employees of the
Department of Corrections, children need not to be born,
legally adopted, or in the legal custody of the employee before
the disability occurred in order to receive this grant. The
benefits of this Section shall be administered by and paid out
of funds available to the Commission and shall accrue to the
bona fide applicant without the requirement of demonstrating
financial need to qualify for those benefits.
(Source: P.A. 99-143, eff. 7-27-15; 100-673, eff. 8-3-18;
revised 10-10-18.)
 
    (110 ILCS 947/65.100)
    (Section scheduled to be repealed on October 1, 2024)
    Sec. 65.100. AIM HIGH Grant Pilot Program.
    (a) The General Assembly makes all of the following
findings:
        (1) Both access and affordability are important
    aspects of the Illinois Public Agenda for College and
    Career Success report.
        (2) This State is in the top quartile with respect to
    the percentage of family income needed to pay for college.
        (3) Research suggests that as loan amounts increase,
    rather than an increase in grant amounts, the probability
    of college attendance decreases.
        (4) There is further research indicating that
    socioeconomic status may affect the willingness of
    students to use loans to attend college.
        (5) Strategic use of tuition discounting can decrease
    the amount of loans that students must use to pay for
    tuition.
        (6) A modest, individually tailored tuition discount
    can make the difference in a student choosing to attend
    college and enhance college access for low-income and
    middle-income families.
        (7) Even if the federally calculated financial need for
    college attendance is met, the federally determined
    Expected Family Contribution can still be a daunting
    amount.
        (8) This State is the second largest exporter of
    students in the country.
        (9) When talented Illinois students attend
    universities in this State, the State and those
    universities benefit.
        (10) State universities in other states have adopted
    pricing and incentives that allow many Illinois residents
    to pay less to attend an out-of-state university than to
    remain in this State for college.
        (11) Supporting Illinois student attendance at
    Illinois public universities can assist in State efforts to
    maintain and educate a highly trained workforce.
        (12) Modest tuition discounts that are individually
    targeted and tailored can result in enhanced revenue for
    public universities.
        (13) By increasing a public university's capacity to
    strategically use tuition discounting, the public
    university will be capable of creating enhanced tuition
    revenue by increasing enrollment yields.
    (b) In this Section:
    "Eligible applicant" means a student from any high school
in this State, whether or not recognized by the State Board of
Education, who is engaged in a program of study that in due
course will be completed by the end of the school year and who
meets all of the qualifications and requirements under this
Section.
    "Tuition and other necessary fees" includes the customary
charge for instruction and use of facilities in general and the
additional fixed fees charged for specified purposes that are
required generally of non-grant recipients for each academic
period for which the grant applicant actually enrolls, but does
not include fees payable only once or breakage fees and other
contingent deposits that are refundable in whole or in part.
The Commission may adopt, by rule not inconsistent with this
Section, detailed provisions concerning the computation of
tuition and other necessary fees.
    (c) Beginning with the 2019-2020 academic year, each public
university may establish a merit-based scholarship pilot
program known as the AIM HIGH Grant Pilot Program. Each year,
the Commission shall receive and consider applications from
public universities under this Section. Subject to
appropriation and any tuition waiver limitation established by
the Board of Higher Education, a public university campus may
award a grant to a student under this Section if it finds that
the applicant meets all of the following criteria:
        (1) He or she is a resident of this State and a citizen
    or eligible noncitizen of the United States.
        (2) He or she files a Free Application for Federal
    Student Aid and demonstrates financial need with a
    household income no greater than 6 times the poverty
    guidelines updated periodically in the Federal Register by
    the U.S. Department of Health and Human Services under the
    authority of 42 U.S.C. 9902(2).
        (3) He or she meets the minimum cumulative grade point
    average or ACT or SAT college admissions test score, as
    determined by the public university campus.
        (4) He or she is enrolled in a public university as an
    undergraduate student on a full-time basis.
        (5) He or she has not yet received a baccalaureate
    degree or the equivalent of 135 semester credit hours.
        (6) He or she is not incarcerated.
        (7) He or she is not in default on any student loan or
    does not owe a refund or repayment on any State or federal
    grant or scholarship.
        (8) Any other reasonable criteria, as determined by the
    public university campus.
    (d) Each public university campus shall determine grant
renewal criteria consistent with the requirements under this
Section.
    (e) Each participating public university campus shall post
on its Internet website criteria and eligibility requirements
for receiving awards that use funds under this Section that
include includes a range in the sizes of these individual
awards. The criteria and amounts must also be reported to the
Commission and the Board of Higher Education, who shall post
the information on their respective Internet websites.
    (f) After enactment of an appropriation for this Program,
the Commission shall determine an allocation of funds to each
public university in an amount proportionate to the number of
undergraduate students who are residents of this State and
citizens or eligible noncitizens of the United States and who
were enrolled at each public university campus in the previous
academic year. All applications must be made to the Commission
on or before a date determined by the Commission and on forms
that the Commission shall provide to each public university
campus. The form of the application and the information
required shall be determined by the Commission and shall
include, without limitation, the total public university
campus funds used to match funds received from the Commission
in the previous academic year under this Section, if any, the
total enrollment of undergraduate students who are residents of
this State from the previous academic year, and any supporting
documents as the Commission deems necessary. Each public
university campus shall match the amount of funds received by
the Commission with financial aid for eligible students.
    A public university campus is not required to claim its
entire allocation. The Commission shall make available to all
public universities, on a date determined by the Commission,
any unclaimed funds and the funds must be made available to
those public university campuses in the proportion determined
under this subsection (f), excluding from the calculation those
public university campuses not claiming their full
allocations.
    Each public university campus may determine the award
amounts for eligible students on an individual or broad basis,
but, subject to renewal eligibility, each renewed award may not
be less than the amount awarded to the eligible student in his
or her first year attending the public university campus.
Notwithstanding this limitation, a renewal grant may be reduced
due to changes in the student's cost of attendance, including,
but not limited to, if a student reduces the number of credit
hours in which he or she is enrolled, but remains a full-time
student, or switches to a course of study with a lower tuition
rate.
    An eligible applicant awarded grant assistance under this
Section is eligible to receive other financial aid. Total grant
aid to the student from all sources may not exceed the total
cost of attendance at the public university campus.
    (g) All money allocated to a public university campus under
this Section may be used only for financial aid purposes for
students attending the public university campus during the
academic year, not including summer terms. Any funds received
by a public university campus under this Section that are not
granted to students in the academic year for which the funds
are received must be refunded to the Commission before any new
funds are received by the public university campus for the next
academic year.
    (h) Each public university campus that establishes a
Program under this Section must annually report to the
Commission, on or before a date determined by the Commission,
the number of undergraduate students enrolled at that campus
who are residents of this State.
    (i) Each public university campus must report to the
Commission the total non-loan financial aid amount given by the
public university campus to undergraduate students in fiscal
year 2018. To be eligible to receive funds under the Program, a
public university campus may not decrease the total amount of
non-loan financial aid for undergraduate students to an amount
lower than the total non-loan financial aid amount given by the
public university campus to undergraduate students in fiscal
year 2018, not including any funds received from the Commission
under this Section or any funds used to match grant awards
under this Section.
    (j) On or before a date determined by the Commission, each
public university campus that participates in the Program under
this Section shall annually submit a report to the Commission
with all of the following information:
        (1) The Program's impact on tuition revenue and
    enrollment goals and increase in access and affordability
    at the public university campus.
        (2) Total funds received by the public university
    campus under the Program.
        (3) Total non-loan financial aid awarded to
    undergraduate students attending the public university
    campus.
        (4) Total amount of funds matched by the public
    university campus.
        (5) Total amount of funds refunded to the Commission by
    the public university campus.
        (6) The percentage of total financial aid distributed
    under the Program by the public university campus.
        (7) The total number of students receiving grants from
    the public university campus under the Program and those
    students' grade level, race, gender, income level, family
    size, Monetary Award Program eligibility, Pell Grant
    eligibility, and zip code of residence and the amount of
    each grant award. This information shall include unit
    record data on those students regarding variables
    associated with the parameters of the public university's
    Program, including, but not limited to, a student's ACT or
    SAT college admissions test score, high school or
    university cumulative grade point average, or program of
    study.
    On or before October 1, 2020 and annually on or before
October 1 thereafter, the Commission shall submit a report with
the findings under this subsection (j) and any other
information regarding the AIM HIGH Grant Pilot Program to (i)
the Governor, (ii) the Speaker of the House of Representatives,
(iii) the Minority Leader of the House of Representatives, (iv)
the President of the Senate, and (v) the Minority Leader of the
Senate. The reports to the General Assembly shall be filed with
the Clerk of the House of Representatives and the Secretary of
the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct. The Commission's report
may not disaggregate data to a level that may disclose
personally identifying information of individual students.
    The sharing and reporting of student data under this
subsection (j) must be in accordance with the requirements
under the federal Family Educational Rights and Privacy Act of
1974 and the Illinois School Student Records Act. All parties
must preserve the confidentiality of the information as
required by law. The names of the grant recipients under this
Section are not subject to disclosure under the Freedom of
Information Act.
    Public university campuses that fail to submit a report
under this subsection (j) or that fail to adhere to any other
requirements under this Section may not be eligible for
distribution of funds under the Program for the next academic
year, but may be eligible for distribution of funds for each
academic year thereafter.
    (k) The Commission shall adopt rules to implement this
Section.
    (l) This Section is repealed on October 1, 2024.
(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;
revised 10-22-18.)
 
    Section 420. The Illinois Banking Act is amended by
changing Sections 18, 28, and 48.1 as follows:
 
    (205 ILCS 5/18)  (from Ch. 17, par. 325)
    Sec. 18. Change in control.
    (a) Before any person, whether acting directly or
indirectly or through or in concert with one or more persons,
may cause (i) a change to occur in the ownership of outstanding
stock of any State bank, whether by sale and purchase, gift,
bequest or inheritance, or any other means, including the
acquisition of stock of the State bank by any bank holding
company, which will result in control or a change in the
control of the bank, or (ii) a change to occur in the control
of a holding company having control of the outstanding stock of
a State bank whether by sale and purchase, gift, bequest or
inheritance, or any other means, including the acquisition of
stock of such holding company by any other bank holding
company, which will result in control or a change in control of
the bank or holding company, or (iii) a transfer of
substantially all the assets or liabilities of the State bank,
the Secretary shall be of the opinion and find:
        (1) that the general character of proposed management
    or of the person desiring to purchase substantially all the
    assets or to assume substantially all the liabilities of
    the State bank, after the change in control, is such as to
    assure reasonable promise of successful, safe and sound
    operation;
        (1.1) that depositors' interests will not be
    jeopardized by the purchase or assumption and that adequate
    provision has been made for all liabilities as required for
    a voluntary liquidation under Section 68 of this Act;
        (2) that the future earnings prospects of the person
    desiring to purchase substantially all assets or to assume
    substantially all the liabilities of the State bank, after
    the proposed change in control, are favorable;
        (2.5) that the future prospects of the institution will
    not jeopardize the financial stability of the bank or
    prejudice the interests of the depositors of the bank;
        (3) that any prior involvement by the persons proposing
    to obtain control, to purchase substantially all the
    assets, or to assume substantially all the liabilities of
    the State bank or by the proposed management personnel with
    any other financial institution, whether as stockholder,
    director, officer or customer, was conducted in a safe and
    sound manner; and
        (4) that if the acquisition is being made by a bank
    holding company, the acquisition is authorized under the
    Illinois Bank Holding Company Act of 1957.
    (b) Any person desiring to purchase control of an existing
State bank, to purchase substantially all the assets, or to
assume substantially all the liabilities of the State bank
shall, prior to that purchase, submit to the Secretary:
        (1) a statement of financial worth;
        (2) satisfactory evidence that any prior involvement
    by the persons and the proposed management personnel with
    any other financial institution, whether as stockholder,
    director, officer or customer, was conducted in a safe and
    sound manner; and
        (3) such other relevant information as the Secretary
    may request to substantiate the findings under subsection
    (a) of this Section.
    A person who has submitted information to the Secretary
pursuant to this subsection (b) is under a continuing
obligation until the Secretary takes action on the application
to immediately supplement that information if there are any
material changes in the information previously furnished or if
there are any material changes in any circumstances that may
affect the Secretary's opinion and findings. In addition, a
person submitting information under this subsection shall
notify the Secretary of the date when the change in control is
finally effected.
    The Secretary may impose such terms and conditions on the
approval of the change in control application as he deems
necessary or appropriate.
    If an applicant, whose application for a change in control
has been approved pursuant to subsection (a) of this Section,
fails to effect the change in control within 180 days after the
date of the Secretary's approval, the Secretary shall revoke
that approval unless a request has been submitted, in writing,
to the Secretary for an extension and the request has been
approved.
    (b-1) Any person, whether acting directly or indirectly or
through or in concert with one or more persons, who obtains
ownership of stock of an existing State bank or stock of a
holding company that controls the State bank by gift, bequest,
or inheritance such that ownership of the stock would
constitute control of the State bank or holding company may
obtain title and ownership of the stock, but may not exercise
management or control of the business and affairs of the bank
or vote his or her shares so as to exercise management or
control unless and until the Secretary approves an application
for the change of control as provided in subsection (b) of this
Section.
    (b-3) The provisions of this Section do not apply to an
established holding company acquiring control of a State bank
if the transaction is subject to approval under Section 3 of
the federal Bank Holding Company Act, the Federal Deposit
Insurance Act, or the federal Home Owners' Loan Act.
    (c) Whenever a State bank makes a loan or loans, secured,
or to be secured, by 25% or more of the outstanding stock of a
State bank, the president or other chief executive officer of
the lending bank shall promptly report such fact to the
Secretary upon obtaining knowledge of such loan or loans,
except that no report need be made in those cases where the
borrower has been the owner of record of the stock for a period
of one year or more, or the stock is that of a newly organized
bank prior to its opening.
    (d) The reports required by subsection subsections (b) of
this Section 18, other than those relating to a transfer of
assets or assumption of liabilities, shall contain the
following information to the extent that it is known by the
person making the report: (1) the number of shares involved;
(2) the names of the sellers (or transferors); (3) the names of
the purchasers (or transferees); (4) the names of the
beneficial owners if the shares are registered in another name:
(5) the purchase price, if applicable; (6) the total number of
shares owned by the sellers (or transferors), the purchasers
(or transferees) and the beneficial owners both immediately
before and after the transaction; and, (7) in the case of a
loan, the name of the borrower, the amount of the loan, the
name of the bank issuing the stock securing the loan and the
number of shares securing the loan. In addition to the
foregoing, such reports shall contain such other information
which is requested by the Secretary to inform the Secretary of
the effect of the transaction upon control of the bank whose
stock is involved.
    (d-1) The reports required by subsection (b) of this
Section 18 that relate to purchase of assets and assumption of
liabilities shall contain the following information to the
extent that it is known by the person making the report: (1)
the value, amount, and description of the assets transferred;
(2) the amount, type, and to whom each type of liabilities are
owed; (3) the names of the purchasers (or transferees); (4) the
names of the beneficial owners if the shares of a purchaser or
transferee are registered in another name; (5) the purchase
price, if applicable; and, (6) in the case of a loan obtained
to effect a purchase, the name of the borrower, the amount and
terms of the loan, and the description of the assets securing
the loan. In addition to the foregoing, these reports shall
contain any other information that is requested by the
Secretary to inform the Secretary of the effect of the
transaction upon the bank from which assets are purchased or
liabilities are transferred.
    (e) Whenever such a change as described in subsection (a)
of this Section 18 occurs, each State bank shall report
promptly to the Secretary any changes or replacement of its
chief executive officer or of any director occurring in the
next 12 month period, including in its report a statement of
the past and current business and professional affiliations of
the new chief executive officer or directors.
    (f) (Blank).
    (g)(1) Except as otherwise expressly provided in this
subsection (g), the Secretary shall not approve an application
for a change in control if upon consummation of the change in
control the persons applying for the change in control,
including any affiliates of the persons applying, would control
30% or more of the total amount of deposits which are located
in this State at insured depository institutions. For purposes
of this subsection (g), the words "insured depository
institution" shall mean State banks, national banks, and
insured savings associations. For purposes of this subsection
(g), the word "deposits" shall have the meaning ascribed to
that word in Section 3(l) 3(1) of the Federal Deposit Insurance
Act. For purposes of this subsection (g), the total amount of
deposits which are considered to be located in this State at
insured depository institutions shall equal the sum of all
deposits held at the main banking premises and branches in the
State of Illinois of State banks, national banks, or insured
savings associations. For purposes of this subsection (g), the
word "affiliates" shall have the meaning ascribed to that word
in Section 35.2 of this Act.
    (2) Notwithstanding the provisions of paragraph (1) of this
subsection, the Secretary may approve an application for a
change in control for a bank that is in default or in danger of
default. Except in those instances in which an application for
a change in control is for a bank that is in default or in
danger of default, the Secretary may not approve a change in
control which does not meet the requirements of paragraph (1)
of this subsection. The Secretary may not waive the provisions
of paragraph (1) of this subsection, whether pursuant to
Section 3(d) of the federal Bank Holding Company Act of 1956 or
Section 44(d) of the Federal Deposit Insurance Act, except as
expressly provided in this paragraph (2) of this subsection.
    (h) As used in this Section:
    "Control" means the power, directly or indirectly, to
direct the management or policies of the bank or to vote 25% or
more of the outstanding stock of the bank. If there is any
question as to whether a change in control application should
be filed, the question shall be resolved in favor of filing the
application with the Secretary.
    "Substantially all" the assets or liabilities of a State
bank means that portion of the assets or liabilities of a State
bank such that their purchase or transfer will materially
impair the ability of the State bank to continue successful,
safe, and sound operations or to continue as a going concern or
would cause the bank to lose its federal deposit insurance.
    "Purchase" includes a transfer by gift, bequest,
inheritance, or any other means.
    As used in this Section, a person is acting in concert if
that person is acting in concert under federal laws or
regulations.
(Source: P.A. 100-888, eff. 8-14-18; revised 10-18-18.)
 
    (205 ILCS 5/28)  (from Ch. 17, par. 335)
    Sec. 28. Continuation of corporate entity. A resulting
State bank, national bank or, after May 31, 1997, out-of-state
bank shall be considered the same business and corporate entity
as each merging bank or insured savings association or as the
converting bank or insured savings association with all the
property, rights, powers, duties, and obligations of each
merging bank or of the converting bank or insured savings
association except as affected by the State law in the case of
a resulting State bank or out-of-state bank or by the national
law in the case of a resulting national bank, and by the
charter and by-laws of the resulting bank. A resulting bank
shall be liable for all liabilities of the merging banks,
insured savings association, or converting bank or insured
savings association, and all the rights, franchises and
interests of the merging banks, insured savings association, or
converting bank or insured savings association in and to every
species of property, real, personal, and mixed, and choses
chooses in action thereunto belonging, shall be deemed to be
transferred to and vested in the resulting bank without any
deed or other transfer, and the resulting bank, without any
order or other action on the part of any court or otherwise,
shall hold and enjoy the same and all rights of property,
franchises, and interests, including appointments,
designations, and nominations and all other rights and
interests as trustee, executor, administrator, registrar or
transfer agent of stocks and bonds, guardian, assignee,
receiver, and in every other fiduciary capacity, in the same
manner and to the same extent as was held and enjoyed by the
merging banks, insured savings association, or the converting
bank or insured savings association. Any reference to a merging
or converting bank or a merging or converting insured savings
association in any writing, whether executed or taking effect
before or after the merger or conversion, shall be deemed a
reference to the resulting bank if not inconsistent with the
other provisions of the writing.
(Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96;
revised 10-18-18.)
 
    (205 ILCS 5/48.1)  (from Ch. 17, par. 360)
    Sec. 48.1. Customer financial records; confidentiality.
    (a) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of:
        (1) a document granting signature authority over a
    deposit or account;
        (2) a statement, ledger card or other record on any
    deposit or account, which shows each transaction in or with
    respect to that account;
        (3) a check, draft or money order drawn on a bank or
    issued and payable by a bank; or
        (4) any other item containing information pertaining
    to any relationship established in the ordinary course of a
    bank's business between a bank and its customer, including
    financial statements or other financial information
    provided by the customer.
    (b) This Section does not prohibit:
        (1) The preparation, examination, handling or
    maintenance of any financial records by any officer,
    employee or agent of a bank having custody of the records,
    or the examination of the records by a certified public
    accountant engaged by the bank to perform an independent
    audit.
        (2) The examination of any financial records by, or the
    furnishing of financial records by a bank to, any officer,
    employee or agent of (i) the Commissioner of Banks and Real
    Estate, (ii) after May 31, 1997, a state regulatory
    authority authorized to examine a branch of a State bank
    located in another state, (iii) the Comptroller of the
    Currency, (iv) the Federal Reserve Board, or (v) the
    Federal Deposit Insurance Corporation for use solely in the
    exercise of his duties as an officer, employee, or agent.
        (3) The publication of data furnished from financial
    records relating to customers where the data cannot be
    identified to any particular customer or account.
        (4) The making of reports or returns required under
    Chapter 61 of the Internal Revenue Code of 1986.
        (5) Furnishing information concerning the dishonor of
    any negotiable instrument permitted to be disclosed under
    the Uniform Commercial Code.
        (6) The exchange in the regular course of business of
    (i) credit information between a bank and other banks or
    financial institutions or commercial enterprises, directly
    or through a consumer reporting agency or (ii) financial
    records or information derived from financial records
    between a bank and other banks or financial institutions or
    commercial enterprises for the purpose of conducting due
    diligence pursuant to a purchase or sale involving the bank
    or assets or liabilities of the bank.
        (7) The furnishing of information to the appropriate
    law enforcement authorities where the bank reasonably
    believes it has been the victim of a crime.
        (8) The furnishing of information under the Revised
    Uniform Unclaimed Property Act.
        (9) The furnishing of information under the Illinois
    Income Tax Act and the Illinois Estate and
    Generation-Skipping Transfer Tax Act.
        (10) The furnishing of information under the federal
    Currency and Foreign Transactions Reporting Act Title 31,
    United States Code, Section 1051 et seq.
        (11) The furnishing of information under any other
    statute that by its terms or by regulations promulgated
    thereunder requires the disclosure of financial records
    other than by subpoena, summons, warrant, or court order.
        (12) The furnishing of information about the existence
    of an account of a person to a judgment creditor of that
    person who has made a written request for that information.
        (13) The exchange in the regular course of business of
    information between commonly owned banks in connection
    with a transaction authorized under paragraph (23) of
    Section 5 and conducted at an affiliate facility.
        (14) The furnishing of information in accordance with
    the federal Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996. Any bank governed by this Act
    shall enter into an agreement for data exchanges with a
    State agency provided the State agency pays to the bank a
    reasonable fee not to exceed its actual cost incurred. A
    bank providing information in accordance with this item
    shall not be liable to any account holder or other person
    for any disclosure of information to a State agency, for
    encumbering or surrendering any assets held by the bank in
    response to a lien or order to withhold and deliver issued
    by a State agency, or for any other action taken pursuant
    to this item, including individual or mechanical errors,
    provided the action does not constitute gross negligence or
    willful misconduct. A bank shall have no obligation to
    hold, encumber, or surrender assets until it has been
    served with a subpoena, summons, warrant, court or
    administrative order, lien, or levy.
        (15) The exchange in the regular course of business of
    information between a bank and any commonly owned affiliate
    of the bank, subject to the provisions of the Financial
    Institutions Insurance Sales Law.
        (16) The furnishing of information to law enforcement
    authorities, the Illinois Department on Aging and its
    regional administrative and provider agencies, the
    Department of Human Services Office of Inspector General,
    or public guardians: (i) upon subpoena by the investigatory
    entity or the guardian, or (ii) if there is suspicion by
    the bank that a customer who is an elderly person or person
    with a disability has been or may become the victim of
    financial exploitation. For the purposes of this item (16),
    the term: (i) "elderly person" means a person who is 60 or
    more years of age, (ii) "disabled person" means a person
    who has or reasonably appears to the bank to have a
    physical or mental disability that impairs his or her
    ability to seek or obtain protection from or prevent
    financial exploitation, and (iii) "financial exploitation"
    means tortious or illegal use of the assets or resources of
    an elderly or disabled person, and includes, without
    limitation, misappropriation of the elderly or disabled
    person's assets or resources by undue influence, breach of
    fiduciary relationship, intimidation, fraud, deception,
    extortion, or the use of assets or resources in any manner
    contrary to law. A bank or person furnishing information
    pursuant to this item (16) shall be entitled to the same
    rights and protections as a person furnishing information
    under the Adult Protective Services Act and the Illinois
    Domestic Violence Act of 1986.
        (17) The disclosure of financial records or
    information as necessary to effect, administer, or enforce
    a transaction requested or authorized by the customer, or
    in connection with:
            (A) servicing or processing a financial product or
        service requested or authorized by the customer;
            (B) maintaining or servicing a customer's account
        with the bank; or
            (C) a proposed or actual securitization or
        secondary market sale (including sales of servicing
        rights) related to a transaction of a customer.
        Nothing in this item (17), however, authorizes the sale
    of the financial records or information of a customer
    without the consent of the customer.
        (18) The disclosure of financial records or
    information as necessary to protect against actual or
    potential fraud, unauthorized transactions, claims, or
    other liability.
        (19)(A) (a) The disclosure of financial records or
    information related to a private label credit program
    between a financial institution and a private label party
    in connection with that private label credit program. Such
    information is limited to outstanding balance, available
    credit, payment and performance and account history,
    product references, purchase information, and information
    related to the identity of the customer.
        (B)(1) For purposes of this paragraph (19) of
    subsection (b) of Section 48.1, a "private label credit
    program" means a credit program involving a financial
    institution and a private label party that is used by a
    customer of the financial institution and the private label
    party primarily for payment for goods or services sold,
    manufactured, or distributed by a private label party.
        (2) For purposes of this paragraph (19) of subsection
    (b) of Section 48.1, a "private label party" means, with
    respect to a private label credit program, any of the
    following: a retailer, a merchant, a manufacturer, a trade
    group, or any such person's affiliate, subsidiary, member,
    agent, or service provider.
        (20)(A) (a) The furnishing of financial records of a
    customer to the Department to aid the Department's initial
    determination or subsequent re-determination of the
    customer's eligibility for Medicaid and Medicaid long-term
    care benefits for long-term care services, provided that
    the bank receives the written consent and authorization of
    the customer, which shall:
            (1) have the customer's signature notarized;
            (2) be signed by at least one witness who certifies
        that he or she believes the customer to be of sound
        mind and memory;
            (3) be tendered to the bank at the earliest
        practicable time following its execution,
        certification, and notarization;
            (4) specifically limit the disclosure of the
        customer's financial records to the Department; and
            (5) be in substantially the following form:
 
CUSTOMER CONSENT AND AUTHORIZATION
FOR RELEASE OF FINANCIAL RECORDS

 
I, ......................................., hereby authorize 
       (Name of Customer) 
 
............................................................. 
(Name of Financial Institution)
 
............................................................. 
(Address of Financial Institution)
 
to disclose the following financial records:
 
any and all information concerning my deposit, savings, money
market, certificate of deposit, individual retirement,
retirement plan, 401(k) plan, incentive plan, employee benefit
plan, mutual fund and loan accounts (including, but not limited
to, any indebtedness or obligation for which I am a
co-borrower, co-obligor, guarantor, or surety), and any and all
other accounts in which I have an interest and any other
information regarding me in the possession of the Financial
Institution,
 
to the Illinois Department of Human Services or the Illinois
Department of Healthcare and Family Services, or both ("the
Department"), for the following purpose(s):
 
to aid in the initial determination or re-determination by the
State of Illinois of my eligibility for Medicaid long-term care
benefits, pursuant to applicable law.
 
I understand that this Consent and Authorization may be revoked
by me in writing at any time before my financial records, as
described above, are disclosed, and that this Consent and
Authorization is valid until the Financial Institution
receives my written revocation. This Consent and Authorization
shall constitute valid authorization for the Department
identified above to inspect all such financial records set
forth above, and to request and receive copies of such
financial records from the Financial Institution (subject to
such records search and reproduction reimbursement policies as
the Financial Institution may have in place). An executed copy
of this Consent and Authorization shall be sufficient and as
good as the original and permission is hereby granted to honor
a photostatic or electronic copy of this Consent and
Authorization. Disclosure is strictly limited to the
Department identified above and no other person or entity shall
receive my financial records pursuant to this Consent and
Authorization. By signing this form, I agree to indemnify and
hold the Financial Institution harmless from any and all
claims, demands, and losses, including reasonable attorneys
fees and expenses, arising from or incurred in its reliance on
this Consent and Authorization. As used herein, "Customer"
shall mean "Member" if the Financial Institution is a credit
union.
 
....................... ...................... 
(Date)                  (Signature of Customer)             
 
                         ...................... 
                         ...................... 
                         (Address of Customer) 
 
                         ...................... 
                         (Customer's birth date) 
                         (month/day/year) 
 
The undersigned witness certifies that .................,
known to me to be the same person whose name is subscribed as
the customer to the foregoing Consent and Authorization,
appeared before me and the notary public and acknowledged
signing and delivering the instrument as his or her free and
voluntary act for the uses and purposes therein set forth. I
believe him or her to be of sound mind and memory. The
undersigned witness also certifies that the witness is not an
owner, operator, or relative of an owner or operator of a
long-term care facility in which the customer is a patient or
resident.
 
Dated: ................. ...................... 
                         (Signature of Witness) 
 
                         ...................... 
                         (Print Name of Witness) 
 
                         ...................... 
                         ...................... 
                         (Address of Witness) 
 
State of Illinois)
                 ) ss.
County of .......)
 
The undersigned, a notary public in and for the above county
and state, certifies that .........., known to me to be the
same person whose name is subscribed as the customer to the
foregoing Consent and Authorization, appeared before me
together with the witness, .........., in person and
acknowledged signing and delivering the instrument as the free
and voluntary act of the customer for the uses and purposes
therein set forth.
 
Dated:.......................................................
Notary Public:...............................................
My commission expires:.......................................
 
        (B) (b) In no event shall the bank distribute the
    customer's financial records to the long-term care
    facility from which the customer seeks initial or
    continuing residency or long-term care services.
        (C) (c) A bank providing financial records of a
    customer in good faith relying on a consent and
    authorization executed and tendered in accordance with
    this paragraph (20) shall not be liable to the customer or
    any other person in relation to the bank's disclosure of
    the customer's financial records to the Department. The
    customer signing the consent and authorization shall
    indemnify and hold the bank harmless that relies in good
    faith upon the consent and authorization and incurs a loss
    because of such reliance. The bank recovering under this
    indemnification provision shall also be entitled to
    reasonable attorney's fees and the expenses of recovery.
        (D) (d) A bank shall be reimbursed by the customer for
    all costs reasonably necessary and directly incurred in
    searching for, reproducing, and disclosing a customer's
    financial records required or requested to be produced
    pursuant to any consent and authorization executed under
    this paragraph (20). The requested financial records shall
    be delivered to the Department within 10 days after
    receiving a properly executed consent and authorization or
    at the earliest practicable time thereafter if the
    requested records cannot be delivered within 10 days, but
    delivery may be delayed until the final reimbursement of
    all costs is received by the bank. The bank may honor a
    photostatic or electronic copy of a properly executed
    consent and authorization.
        (E) (e) Nothing in this paragraph (20) shall impair,
    abridge, or abrogate the right of a customer to:
            (1) directly disclose his or her financial records
        to the Department or any other person; or
            (2) authorize his or her attorney or duly appointed
        agent to request and obtain the customer's financial
        records and disclose those financial records to the
        Department.
        (F) (f) For purposes of this paragraph (20),
    "Department" means the Department of Human Services and the
    Department of Healthcare and Family Services or any
    successor administrative agency of either agency.
        (b)(1) For purposes of this paragraph (19) of
    subsection (b) of Section 48.1, a "private label credit
    program" means a credit program involving a financial
    institution and a private label party that is used by a
    customer of the financial institution and the private label
    party primarily for payment for goods or services sold,
    manufactured, or distributed by a private label party.
        (2) For purposes of this paragraph (19) of subsection
    (b) of Section 48.1, a "private label party" means, with
    respect to a private label credit program, any of the
    following: a retailer, a merchant, a manufacturer, a trade
    group, or any such person's affiliate, subsidiary, member,
    agent, or service provider.
    (c) Except as otherwise provided by this Act, a bank may
not disclose to any person, except to the customer or his duly
authorized agent, any financial records or financial
information obtained from financial records relating to that
customer of that bank unless:
        (1) the customer has authorized disclosure to the
    person;
        (2) the financial records are disclosed in response to
    a lawful subpoena, summons, warrant, citation to discover
    assets, or court order which meets the requirements of
    subsection (d) of this Section; or
        (3) the bank is attempting to collect an obligation
    owed to the bank and the bank complies with the provisions
    of Section 2I of the Consumer Fraud and Deceptive Business
    Practices Act.
    (d) A bank shall disclose financial records under paragraph
(2) of subsection (c) of this Section under a lawful subpoena,
summons, warrant, citation to discover assets, or court order
only after the bank mails a copy of the subpoena, summons,
warrant, citation to discover assets, or court order to the
person establishing the relationship with the bank, if living,
and, otherwise his personal representative, if known, at his
last known address by first class mail, postage prepaid, unless
the bank is specifically prohibited from notifying the person
by order of court or by applicable State or federal law. A bank
shall not mail a copy of a subpoena to any person pursuant to
this subsection if the subpoena was issued by a grand jury
under the Statewide Grand Jury Act.
    (e) Any officer or employee of a bank who knowingly and
willfully furnishes financial records in violation of this
Section is guilty of a business offense and, upon conviction,
shall be fined not more than $1,000.
    (f) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a bank to
disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
    (g) A bank shall be reimbursed for costs that are
reasonably necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data required or requested to be produced
pursuant to a lawful subpoena, summons, warrant, citation to
discover assets, or court order. The Commissioner shall
determine the rates and conditions under which payment may be
made.
(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;
100-664, eff. 1-1-19; 100-888, eff. 8-14-18; revised
10-22-18.)
 
    Section 425. The Illinois Credit Union Act is amended by
changing Sections 10 and 34 as follows:
 
    (205 ILCS 305/10)  (from Ch. 17, par. 4411)
    Sec. 10. Credit union records; member financial records.
    (1) A credit union shall establish and maintain books,
records, accounting systems and procedures which accurately
reflect its operations and which enable the Department to
readily ascertain the true financial condition of the credit
union and whether it is complying with this Act.
    (2) A photostatic or photographic reproduction of any
credit union records shall be admissible as evidence of
transactions with the credit union.
    (3)(a) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1) a
document granting signature authority over an account, (2) a
statement, ledger card or other record on any account which
shows each transaction in or with respect to that account, (3)
a check, draft or money order drawn on a financial institution
or other entity or issued and payable by or through a financial
institution or other entity, or (4) any other item containing
information pertaining to any relationship established in the
ordinary course of business between a credit union and its
member, including financial statements or other financial
information provided by the member.
    (b) This Section does not prohibit:
        (1) The preparation, examination, handling or
    maintenance of any financial records by any officer,
    employee or agent of a credit union having custody of such
    records, or the examination of such records by a certified
    public accountant engaged by the credit union to perform an
    independent audit.
        (2) The examination of any financial records by or the
    furnishing of financial records by a credit union to any
    officer, employee or agent of the Department, the National
    Credit Union Administration, Federal Reserve board or any
    insurer of share accounts for use solely in the exercise of
    his duties as an officer, employee or agent.
        (3) The publication of data furnished from financial
    records relating to members where the data cannot be
    identified to any particular customer of account.
        (4) The making of reports or returns required under
    Chapter 61 of the Internal Revenue Code of 1954.
        (5) Furnishing information concerning the dishonor of
    any negotiable instrument permitted to be disclosed under
    the Uniform Commercial Code.
        (6) The exchange in the regular course of business of
    (i) credit information between a credit union and other
    credit unions or financial institutions or commercial
    enterprises, directly or through a consumer reporting
    agency or (ii) financial records or information derived
    from financial records between a credit union and other
    credit unions or financial institutions or commercial
    enterprises for the purpose of conducting due diligence
    pursuant to a merger or a purchase or sale of assets or
    liabilities of the credit union.
        (7) The furnishing of information to the appropriate
    law enforcement authorities where the credit union
    reasonably believes it has been the victim of a crime.
        (8) The furnishing of information pursuant to the
    Revised Uniform Unclaimed Property Act.
        (9) The furnishing of information pursuant to the
    Illinois Income Tax Act and the Illinois Estate and
    Generation-Skipping Transfer Tax Act.
        (10) The furnishing of information pursuant to the
    federal "Currency and Foreign Transactions Reporting Act",
    Title 31, United States Code, Section 1051 et sequentia.
        (11) The furnishing of information pursuant to any
    other statute which by its terms or by regulations
    promulgated thereunder requires the disclosure of
    financial records other than by subpoena, summons, warrant
    or court order.
        (12) The furnishing of information in accordance with
    the federal Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996. Any credit union governed by
    this Act shall enter into an agreement for data exchanges
    with a State agency provided the State agency pays to the
    credit union a reasonable fee not to exceed its actual cost
    incurred. A credit union providing information in
    accordance with this item shall not be liable to any
    account holder or other person for any disclosure of
    information to a State agency, for encumbering or
    surrendering any assets held by the credit union in
    response to a lien or order to withhold and deliver issued
    by a State agency, or for any other action taken pursuant
    to this item, including individual or mechanical errors,
    provided the action does not constitute gross negligence or
    willful misconduct. A credit union shall have no obligation
    to hold, encumber, or surrender assets until it has been
    served with a subpoena, summons, warrant, court or
    administrative order, lien, or levy.
        (13) The furnishing of information to law enforcement
    authorities, the Illinois Department on Aging and its
    regional administrative and provider agencies, the
    Department of Human Services Office of Inspector General,
    or public guardians: (i) upon subpoena by the investigatory
    entity or the guardian, or (ii) if there is suspicion by
    the credit union that a member who is an elderly person or
    person with a disability has been or may become the victim
    of financial exploitation. For the purposes of this item
    (13), the term: (i) "elderly person" means a person who is
    60 or more years of age, (ii) "person with a disability"
    means a person who has or reasonably appears to the credit
    union to have a physical or mental disability that impairs
    his or her ability to seek or obtain protection from or
    prevent financial exploitation, and (iii) "financial
    exploitation" means tortious or illegal use of the assets
    or resources of an elderly person or person with a
    disability, and includes, without limitation,
    misappropriation of the elderly or disabled person's
    assets or resources by undue influence, breach of fiduciary
    relationship, intimidation, fraud, deception, extortion,
    or the use of assets or resources in any manner contrary to
    law. A credit union or person furnishing information
    pursuant to this item (13) shall be entitled to the same
    rights and protections as a person furnishing information
    under the Adult Protective Services Act and the Illinois
    Domestic Violence Act of 1986.
        (14) The disclosure of financial records or
    information as necessary to effect, administer, or enforce
    a transaction requested or authorized by the member, or in
    connection with:
            (A) servicing or processing a financial product or
        service requested or authorized by the member;
            (B) maintaining or servicing a member's account
        with the credit union; or
            (C) a proposed or actual securitization or
        secondary market sale (including sales of servicing
        rights) related to a transaction of a member.
        Nothing in this item (14), however, authorizes the sale
    of the financial records or information of a member without
    the consent of the member.
        (15) The disclosure of financial records or
    information as necessary to protect against or prevent
    actual or potential fraud, unauthorized transactions,
    claims, or other liability.
        (16)(a) The disclosure of financial records or
    information related to a private label credit program
    between a financial institution and a private label party
    in connection with that private label credit program. Such
    information is limited to outstanding balance, available
    credit, payment and performance and account history,
    product references, purchase information, and information
    related to the identity of the customer.
        (b)(1) For purposes of this item paragraph (16) of
    subsection (b) of Section 10, a "private label credit
    program" means a credit program involving a financial
    institution and a private label party that is used by a
    customer of the financial institution and the private label
    party primarily for payment for goods or services sold,
    manufactured, or distributed by a private label party.
        (2) For purposes of this item paragraph (16) of
    subsection (b) of Section 10, a "private label party"
    means, with respect to a private label credit program, any
    of the following: a retailer, a merchant, a manufacturer, a
    trade group, or any such person's affiliate, subsidiary,
    member, agent, or service provider.
        (17)(a) The furnishing of financial records of a member
    to the Department to aid the Department's initial
    determination or subsequent re-determination of the
    member's eligibility for Medicaid and Medicaid long-term
    care benefits for long-term care services, provided that
    the credit union receives the written consent and
    authorization of the member, which shall:
            (1) have the member's signature notarized;
            (2) be signed by at least one witness who certifies
        that he or she believes the member to be of sound mind
        and memory;
            (3) be tendered to the credit union at the earliest
        practicable time following its execution,
        certification, and notarization;
            (4) specifically limit the disclosure of the
        member's financial records to the Department; and
            (5) be in substantially the following form:
 
CUSTOMER CONSENT AND AUTHORIZATION
FOR RELEASE OF FINANCIAL RECORDS

 
I, ......................................., hereby authorize 
       (Name of Customer) 
 
............................................................. 
(Name of Financial Institution)
 
............................................................. 
(Address of Financial Institution)
 
to disclose the following financial records:
 
any and all information concerning my deposit, savings, money
market, certificate of deposit, individual retirement,
retirement plan, 401(k) plan, incentive plan, employee benefit
plan, mutual fund and loan accounts (including, but not limited
to, any indebtedness or obligation for which I am a
co-borrower, co-obligor, guarantor, or surety), and any and all
other accounts in which I have an interest and any other
information regarding me in the possession of the Financial
Institution,
 
to the Illinois Department of Human Services or the Illinois
Department of Healthcare and Family Services, or both ("the
Department"), for the following purpose(s):
 
to aid in the initial determination or re-determination by the
State of Illinois of my eligibility for Medicaid long-term care
benefits, pursuant to applicable law.
 
I understand that this Consent and Authorization may be revoked
by me in writing at any time before my financial records, as
described above, are disclosed, and that this Consent and
Authorization is valid until the Financial Institution
receives my written revocation. This Consent and Authorization
shall constitute valid authorization for the Department
identified above to inspect all such financial records set
forth above, and to request and receive copies of such
financial records from the Financial Institution (subject to
such records search and reproduction reimbursement policies as
the Financial Institution may have in place). An executed copy
of this Consent and Authorization shall be sufficient and as
good as the original and permission is hereby granted to honor
a photostatic or electronic copy of this Consent and
Authorization. Disclosure is strictly limited to the
Department identified above and no other person or entity shall
receive my financial records pursuant to this Consent and
Authorization. By signing this form, I agree to indemnify and
hold the Financial Institution harmless from any and all
claims, demands, and losses, including reasonable attorneys
fees and expenses, arising from or incurred in its reliance on
this Consent and Authorization. As used herein, "Customer"
shall mean "Member" if the Financial Institution is a credit
union.
 
....................... ...................... 
(Date)                  (Signature of Customer)             
 
                         ...................... 
                         ...................... 
                         (Address of Customer) 
 
                         ...................... 
                         (Customer's birth date) 
                         (month/day/year) 
 
The undersigned witness certifies that .................,
known to me to be the same person whose name is subscribed as
the customer to the foregoing Consent and Authorization,
appeared before me and the notary public and acknowledged
signing and delivering the instrument as his or her free and
voluntary act for the uses and purposes therein set forth. I
believe him or her to be of sound mind and memory. The
undersigned witness also certifies that the witness is not an
owner, operator, or relative of an owner or operator of a
long-term care facility in which the customer is a patient or
resident.
 
Dated: ................. ...................... 
                         (Signature of Witness) 
 
                         ...................... 
                         (Print Name of Witness) 
 
                         ...................... 
                         ...................... 
                         (Address of Witness) 
 
State of Illinois)
                 ) ss.
County of .......)
 
The undersigned, a notary public in and for the above county
and state, certifies that .........., known to me to be the
same person whose name is subscribed as the customer to the
foregoing Consent and Authorization, appeared before me
together with the witness, .........., in person and
acknowledged signing and delivering the instrument as the free
and voluntary act of the customer for the uses and purposes
therein set forth.
 
Dated:.......................................................
Notary Public:...............................................
My commission expires:.......................................
 
        (b) In no event shall the credit union distribute the
    member's financial records to the long-term care facility
    from which the member seeks initial or continuing residency
    or long-term care services.
        (c) A credit union providing financial records of a
    member in good faith relying on a consent and authorization
    executed and tendered in accordance with this item
    subparagraph (17) shall not be liable to the member or any
    other person in relation to the credit union's disclosure
    of the member's financial records to the Department. The
    member signing the consent and authorization shall
    indemnify and hold the credit union harmless that relies in
    good faith upon the consent and authorization and incurs a
    loss because of such reliance. The credit union recovering
    under this indemnification provision shall also be
    entitled to reasonable attorney's fees and the expenses of
    recovery.
        (d) A credit union shall be reimbursed by the member
    for all costs reasonably necessary and directly incurred in
    searching for, reproducing, and disclosing a member's
    financial records required or requested to be produced
    pursuant to any consent and authorization executed under
    this item subparagraph (17). The requested financial
    records shall be delivered to the Department within 10 days
    after receiving a properly executed consent and
    authorization or at the earliest practicable time
    thereafter if the requested records cannot be delivered
    within 10 days, but delivery may be delayed until the final
    reimbursement of all costs is received by the credit union.
    The credit union may honor a photostatic or electronic copy
    of a properly executed consent and authorization.
        (e) Nothing in this item subparagraph (17) shall
    impair, abridge, or abrogate the right of a member to:
            (1) directly disclose his or her financial records
        to the Department or any other person; or
            (2) authorize his or her attorney or duly appointed
        agent to request and obtain the member's financial
        records and disclose those financial records to the
        Department.
        (f) For purposes of this item subparagraph (17),
    "Department" means the Department of Human Services and the
    Department of Healthcare and Family Services or any
    successor administrative agency of either agency.
        (18) (17) The furnishing of the financial records of a
    member to an appropriate law enforcement authority,
    without prior notice to or consent of the member, upon
    written request of the law enforcement authority, when
    reasonable suspicion of an imminent threat to the personal
    security and safety of the member exists that necessitates
    an expedited release of the member's financial records, as
    determined by the law enforcement authority. The law
    enforcement authority shall include a brief explanation of
    the imminent threat to the member in its written request to
    the credit union. The written request shall reflect that it
    has been authorized by a supervisory or managerial official
    of the law enforcement authority. The decision to furnish
    the financial records of a member to a law enforcement
    authority shall be made by a supervisory or managerial
    official of the credit union. A credit union providing
    information in accordance with this item (18) (17) shall
    not be liable to the member or any other person for the
    disclosure of the information to the law enforcement
    authority.
    (c) Except as otherwise provided by this Act, a credit
union may not disclose to any person, except to the member or
his duly authorized agent, any financial records relating to
that member of the credit union unless:
        (1) the member has authorized disclosure to the person;
        (2) the financial records are disclosed in response to
    a lawful subpoena, summons, warrant, citation to discover
    assets, or court order that meets the requirements of
    subparagraph (3)(d) (d) of this Section; or
        (3) the credit union is attempting to collect an
    obligation owed to the credit union and the credit union
    complies with the provisions of Section 2I of the Consumer
    Fraud and Deceptive Business Practices Act.
    (d) A credit union shall disclose financial records under
item (3)(c)(2) subparagraph (c)(2) of this Section pursuant to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order only after the credit union mails a copy
of the subpoena, summons, warrant, citation to discover assets,
or court order to the person establishing the relationship with
the credit union, if living, and otherwise his personal
representative, if known, at his last known address by first
class mail, postage prepaid unless the credit union is
specifically prohibited from notifying the person by order of
court or by applicable State or federal law. In the case of a
grand jury subpoena, a credit union shall not mail a copy of a
subpoena to any person pursuant to this subsection if the
subpoena was issued by a grand jury under the Statewide Grand
Jury Act or notifying the person would constitute a violation
of the federal Right to Financial Privacy Act of 1978.
    (e)(1) Any officer or employee of a credit union who
knowingly and willfully wilfully furnishes financial records
in violation of this Section is guilty of a business offense
and upon conviction thereof shall be fined not more than
$1,000.
    (2) Any person who knowingly and willfully wilfully induces
or attempts to induce any officer or employee of a credit union
to disclose financial records in violation of this Section is
guilty of a business offense and upon conviction thereof shall
be fined not more than $1,000.
    (f) A credit union shall be reimbursed for costs which are
reasonably necessary and which have been directly incurred in
searching for, reproducing or transporting books, papers,
records or other data of a member required or requested to be
produced pursuant to a lawful subpoena, summons, warrant,
citation to discover assets, or court order. The Secretary and
the Director may determine, by rule, the rates and conditions
under which payment shall be made. Delivery of requested
documents may be delayed until final reimbursement of all costs
is received.
(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;
100-664, eff. 1-1-19; 100-778, eff. 8-10-18; revised
10-18-18.)
 
    (205 ILCS 305/34)  (from Ch. 17, par. 4435)
    Sec. 34. Duties of supervisory committee.
    (1) The supervisory committee shall make or cause to be
made an annual internal audit of the books and affairs of the
credit union to determine that the credit union's accounting
records and reports are prepared promptly and accurately
reflect operations and results, that internal controls are
established and effectively maintained to safeguard the assets
of the credit union, and that the policies, procedures and
practices established by the board of directors and management
of the credit union are being properly administered. The
supervisory committee shall submit a report of that audit to
the board of directors and a summary of that report to the
members at the next annual meeting of the credit union. It
shall make or cause to be made such supplementary audits as it
deems necessary or as are required by the Secretary or by the
board of directors, and submit reports of these supplementary
audits to the Secretary or board of directors as applicable. If
the supervisory committee has not engaged a licensed certified
public accountant or licensed certified public accounting firm
to make the internal audit, the supervisory committee or other
officials of the credit union shall not indicate or in any
manner imply that such audit has been performed by a licensed
certified public accountant or licensed certified public
accounting firm or that the audit represents the independent
opinion of a licensed certified public accountant or licensed
certified public accounting firm. The supervisory committee
must retain its tapes and working papers of each internal audit
for inspection by the Department. The report of this audit must
be made on a form approved by the Secretary. A copy of the
report must be promptly delivered to the Secretary.
    (2) The supervisory committee shall make or cause to be
made at least once each year a reasonable percentage
verification of members' share and loan accounts, consistent
with rules promulgated by the Secretary.
    (3) (A) The supervisory committee of a credit union with
assets of $10,000,000 or more shall engage a licensed certified
public accountant or licensed certified public accounting firm
to perform an annual external independent audit of the credit
union's financial statements in accordance with generally
accepted auditing standards and the financial statements shall
be issued in accordance with accounting principles generally
accepted in the United States of America.
    (B) The supervisory committee of a credit union with assets
of $5,000,000 or more, but less than $10,000,000, shall engage
a licensed certified public accountant or licensed certified
public accounting firm to perform on an annual basis: (i) an
agreed-upon procedures engagement under attestation standards
established by the American Institute of Certified Public
Accountants to minimally satisfy the supervisory committee
internal audit standards set forth in subsection (1); or (ii)
an external independent audit of the credit union's financial
statements pursuant to the standards set forth in paragraph (A)
of subsection (3).
    (C) The external independent audit report or agreed-upon
agreed upon procedures report shall be completed and a copy
thereof delivered to the Secretary no later than 120 days after
the end of the calendar or fiscal year under audit or fiscal
period for which the agreed-upon agreed upon procedures are
performed. A credit union or group of credit unions may obtain
an extension of the due date upon application to and receipt of
written approval from the Secretary.
    (D) If the credit union engages a licensed certified public
accountant or licensed certified public accounting firm to
perform an annual external independent audit of the credit
union's financial statements pursuant to the standards in
paragraph (A) of subsection (3) or an annual agreed-upon agreed
upon procedures engagement pursuant to the standards in
paragraph (B) of subsection (3), then the annual internal audit
requirements of subsection (1) shall be deemed satisfied and
met in all respects.
    (4) In determining the appropriate balance in the allowance
for loan losses account, a credit union may determine its
historical loss rate using a defined period of time of less
than 5 years, provided that:
        (A) the methodology used to determine the defined
    period of time is formally documented in the credit union's
    policies and procedures and is appropriate to the credit
    union's size, business strategy, and loan portfolio
    characteristics and the economic environment of the areas
    and employers served by the credit union;
        (B) supporting documentation is maintained for the
    technique used to develop the credit union loss rates,
    including the period of time used to accumulate historical
    loss data and the factors considered in establishing the
    time frames; and
        (C) the external auditor conducting the credit union's
    financial statement audit has analyzed the methodology
    employed by the credit union and concludes that the
    financial statements, including the allowance for loan
    losses, are fairly stated in all material respects in
    accordance with U.S. Generally Accepted Accounting
    Principles, as promulgated by the Financial Accounting
    Standards Board.
    (5) A majority of the members of the supervisory committee
shall constitute a quorum.
    (6) On an annual basis commencing January 1, 2015, the
members of the supervisory committee shall receive training
related to their statutory duties. Supervisory committee
members may receive the training through internal credit union
training, external training offered by the credit union's
retained auditors, trade associations, vendors, regulatory
agencies, or any other sources or on-the-job experience, or a
combination of those activities. The training may be received
through any medium, including, but not limited to, conferences,
workshops, audit closing meetings, seminars, teleconferences,
webinars, and other Internet-based delivery channels.
(Source: P.A. 100-778, eff. 8-10-18; revised 10-18-18.)
 
    Section 430. The Corporate Fiduciary Act is amended by
changing Section 6-10 as follows:
 
    (205 ILCS 620/6-10)  (from Ch. 17, par. 1556-10)
    Sec. 6-10. The receiver for a corporate fiduciary, under
the direction of the Commissioner, shall have the power and
authority and is charged with the duties and responsibilities
as follows:
        (1) To take possession of, and for the purpose of the
    receivership, the title to the books, records and assets of
    every description of the corporate fiduciary.
        (2) To proceed to collect all debts, dues and claims
    belonging to the corporate fiduciary.
        (3) To file with the Commissioner a copy of each report
    which he makes to the court, together with such other
    reports and records as the Commissioner may require.
        (4) The receiver shall have authority to sue and defend
    in the receiver's own name and with respect to the affairs,
    assets, claims, debts and choses chooses in action of the
    corporate fiduciary.
        (5) The receiver shall have authority, and it shall be
    the receiver's duty, to surrender to the customers of such
    corporate fiduciary, when requested in writing directed to
    the receiver by such customers, the assets, private papers
    and valuables left with the corporate fiduciary for
    safekeeping, under a custodial or agency agreement, upon
    satisfactory proof of ownership.
        (6) As soon as can reasonably be done, the receiver
    shall resign on behalf of the corporate fiduciary, all
    trusteeships, guardianships, and all appointments as
    executor and administrator, or as custodian under the
    Illinois Uniform Transfers to Minors Act, as now or
    hereafter amended, or as fiduciary under custodial or
    agency agreements or under the terms of any other written
    agreement or court order whereunder the corporate
    fiduciary is holding property in a fiduciary capacity for
    the benefit of another person, making in each case, from
    the records and documents available to the receiver, a
    proper accounting, in the manner and scope as determined by
    the Commissioner to be practical and advisable under the
    circumstances, on behalf of the corporate fiduciary. The
    receiver, prior to resigning, shall cause a successor
    trustee or fiduciary to be appointed pursuant to the terms
    set forth in the governing instrument or pursuant to the
    provisions of the Trusts and Trustees Act, as now or
    hereafter amended, if applicable, then the receiver shall
    make application to the court having jurisdiction over the
    liquidation or winding up of the corporate fiduciary, for
    the appointment of a successor. The receiver, if a
    corporate fiduciary, shall not be disqualified from acting
    as successor trustee or fiduciary if appointed under the
    terms of the governing instrument, by court order or by the
    customer of the corporate fiduciary whose affairs are being
    liquidated or wound up and, in such case, no guardian ad
    litem need be appointed to review the accounting of the
    receiver unless the beneficiaries or customers of the
    corporate fiduciary so request in writing.
        (7) The receiver shall have authority to redeem or take
    down collateral hypothecated by the corporate fiduciary to
    secure its notes and other evidence of indebtedness
    whenever the Commissioner deems it to be in the best
    interest of the creditors of the corporate fiduciary and
    directs the receiver so to do.
        (8) Whenever the receiver shall find it necessary in
    the receiver's opinion to use and employ money of the
    corporate fiduciary, in order to protect fully and benefit
    the corporate fiduciary, by the purchase or redemption of
    any property, real or personal, in which the corporate
    fiduciary may have any rights by reason of any bond,
    mortgage, assignment, or other claim thereto, the receiver
    may certify the facts together with the receiver's opinions
    as to the value of the property involved, and the value of
    the equity the corporate fiduciary may have in the property
    to the Commissioner, together with a request for the right
    and authority to use and employ so much of the money of the
    corporate fiduciary as may be necessary to purchase the
    property, or to redeem the same from a sale if there was a
    sale, and if such request is granted, the receiver may use
    so much of the money of the corporate fiduciary as the
    Commissioner may have authorized to purchase said property
    at such sale.
        (9) The receiver shall deposit daily all monies
    collected by the receiver in any State or national bank
    selected by the Commissioner, who may require (and the bank
    so selected may furnish) of such depository satisfactory
    securities or satisfactory surety bond for the safekeeping
    and prompt payment of the money so deposited. The deposits
    shall be made in the name of the Commissioner in trust for
    the receiver and be subject to withdrawal upon the
    receiver's order or upon the order of such persons as the
    Commissioner may designate. Such monies may be deposited
    without interest, unless otherwise agreed. However, if any
    interest was paid by such depository, it shall accrue to
    the benefit of the particular trust or fiduciary account to
    which the deposit belongs. Except as otherwise directed by
    the Commissioner, notwithstanding any other provision of
    this paragraph, the receiver's investment and other powers
    shall be those under the governing instrument or under the
    Trusts and Trustees Act, as now or hereafter amended, and
    shall include the power to pay out income and principal in
    accordance with the terms of the governing instrument.
        (10) The receiver shall do such things and take such
    steps from time to time under the direction and approval of
    the Commissioner as may reasonably appear to be necessary
    to conserve the corporate fiduciary's assets and secure the
    best interests of the creditors of the corporate fiduciary.
        (11) The receiver shall record any judgment of
    dissolution entered in a dissolution proceeding and
    thereupon turn over to the Commissioner a certified copy
    thereof, together with all books of accounts and ledgers of
    such corporate fiduciary for preservation, as
    distinguished from the books of accounts and ledgers of the
    corporate fiduciary relating to the assets of the
    beneficiaries of such fiduciary relations, all of which
    books of accounts and ledgers shall be turned over by the
    receiver to the successor trustee or fiduciary.
        (12) The receiver may cause all assets of the
    beneficiaries of such fiduciary relations to be registered
    in the name of the receiver or in the name of the
    receiver's nominee.
        (13) The receiver shall have a reasonable period of
    time in which to review all of the trust accounts,
    executorships, administrationships, guardianships, or
    other fiduciary relationships, in order to ascertain that
    the investments by the corporate fiduciary of the assets of
    such trust accounts, executorships, administrationships,
    guardianships or other fiduciary relationships comply with
    the terms of the governing instrument, the prudent person
    rule governing the investment of such funds, or any other
    law regulating the investment of such funds.
        (14) For its services in administering the trusts and
    other fiduciary accounts of the corporate fiduciary during
    the period of winding up the affairs of the corporate
    fiduciary, the receiver shall be entitled to be reimbursed
    for all costs and expenses incurred by the receiver and
    shall also be entitled to receive out of the assets of the
    individual fiduciary accounts being administered by the
    receiver during the period of winding up the affairs of the
    corporate fiduciary and prior to the appointment of a
    successor trustee or fiduciary, the usual and customary
    fees charged by the receiver in the administration of its
    own fiduciary accounts or reasonable fees approved by the
    Commissioner.
        (15) The receiver, during its administration of the
    trusts and other fiduciary accounts of the corporate
    fiduciary during the winding up of the affairs of the
    corporate fiduciary, shall have all of the powers which are
    vested in trustees under the terms and provisions of the
    Trusts and Trustees Act, as now or hereafter amended.
        (16) Upon the appointment of a successor trustee or
    fiduciary, the receiver shall deliver to such successor
    trustee or fiduciary all of the assets belonging to the
    individual trust or fiduciary account as to which the
    successor trustee or fiduciary succeeds, and the receiver
    shall thereupon be relieved of any further duties or
    obligations with respect thereto.
(Source: P.A. 90-655, eff. 7-30-98; revised 10-18-18.)
 
    Section 435. The Residential Mortgage License Act of 1987
is amended by changing Sections 1-3, 1-4, 4-1, and 4-8 as
follows:
 
    (205 ILCS 635/1-3)  (from Ch. 17, par. 2321-3)
    Sec. 1-3. Necessity for license; scope of Act.
    (a) No person, partnership, association, corporation or
other entity shall engage in the business of brokering,
funding, originating, servicing or purchasing of residential
mortgage loans without first obtaining a license from the
Secretary in accordance with the licensing procedure provided
in this Article I and such regulations as may be promulgated by
the Secretary. The licensing provisions of this Section shall
not apply to any entity engaged solely in commercial mortgage
lending or to any person, partnership association, corporation
or other entity exempted pursuant to Section 1-4, subsection
(d), of this Act or in accordance with regulations promulgated
by the Secretary hereunder. No provision of this Act shall
apply to an exempt person or entity as defined in items (1) and
(1.5) of subsection (d) of Section 1-4 of this Act.
Notwithstanding anything to the contrary in the preceding
sentence, an individual acting as a mortgage loan originator
who is not employed by and acting for an entity described in
item (1) of subsection (tt) of Section 1-4 of this Act shall be
subject to the mortgage loan originator licensing requirements
of Article VII of this Act.
    Effective January 1, 2011, no provision of this Act shall
apply to an exempt person or entity as defined in item (1.8) of
subsection (d) of Section 1-4 of this Act. Notwithstanding
anything to the contrary in the preceding sentence, an
individual acting as a mortgage loan originator who is not
employed by and acting for an entity described in item (1) of
subsection (tt) of Section 1-4 of this Act shall be subject to
the mortgage loan originator licensing requirements of Article
VII of this Act, and provided that an individual acting as a
mortgage loan originator under item (1.8) of subsection (d) of
Section 1-4 of this Act shall be further subject to a
determination by the U.S. Department of Housing and Urban
Development through final rulemaking or other authorized
agency determination under the federal Secure and Fair
Enforcement for Mortgage Licensing Act of 2008.
    (a-1) A person who is exempt from licensure pursuant to
paragraph (ii) of item (1) of subsection (d) of Section 1-4 of
this Act as a federally chartered savings bank that is
registered with the Nationwide Multistate Licensing System and
Registry may apply to the Secretary for an exempt company
registration for the purpose of sponsoring one or more
individuals subject to the mortgage loan originator licensing
requirements of Article VII of this Act. Registration with the
Division of Banking of the Department shall not affect the
exempt status of the applicant.
        (1) A mortgage loan originator eligible for licensure
    under this subsection shall (A) be covered under an
    exclusive written contract with, and originate residential
    mortgage loans solely on behalf of, that exempt person; and
    (B) hold a current, valid insurance producer license under
    Article XXXI of the Illinois Insurance Code.
        (2) An exempt person shall: (A) fulfill any reporting
    requirements required by the Nationwide Multistate
    Licensing System and Registry or the Secretary; (B) provide
    a blanket surety bond pursuant to Section 7-12 of this Act
    covering the activities of all its sponsored mortgage loan
    originators; (C) reasonably supervise the activities of
    all its sponsored mortgage loan originators; (D) comply
    with all rules and orders (including the averments
    contained in Section 2-4 of this Act as applicable to a
    non-licensed exempt entity provided for in this Section)
    that the Secretary deems necessary to ensure compliance
    with the federal SAFE Act; and (E) pay an annual
    registration fee established by the Director.
        (3) The Secretary may deny an exempt company
    registration to an exempt person or fine, suspend, or
    revoke an exempt company registration if the Secretary
    finds one of the following:
            (A) that the exempt person is not a person of
        honesty, truthfulness, or good character;
            (B) that the exempt person violated any applicable
        law, rule, or order;
            (C) that the exempt person refused or failed to
        furnish, within a reasonable time, any information or
        make any report that may be required by the Secretary;
            (D) that the exempt person had a final judgment
        entered against him or her in a civil action on grounds
        of fraud, deceit, or misrepresentation, and the
        conduct on which the judgment is based indicates that
        it would be contrary to the interest of the public to
        permit the exempt person to manage a loan originator;
            (E) that the exempt person had an order entered
        against him or her involving fraud, deceit, or
        misrepresentation by an administrative agency of this
        State, the federal government, or any other state or
        territory of the United States, and the facts relating
        to the order indicate that it would be contrary to the
        interest of the public to permit the exempt person to
        manage a loan originator;
            (F) that the exempt person made a material
        misstatement or suppressed or withheld information on
        the application for an exempt company registration or
        any document required to be filed with the Secretary;
        or
            (G) that the exempt person violated Section 4-5 of
        this Act.
    (a-5) An entity that is exempt from licensure pursuant to
item (7) of subsection (d) of Section 1-4 of this Act as an
independent loan processing entity shall annually apply to the
Secretary through the Nationwide Multistate Licensing System
and Registry for an exempt company registration for the purpose
of sponsoring one or more individuals subject to the mortgage
loan originator licensing requirements of Article VII of this
Act. A loan processor who performs clerical or support duties
at the direction of and subject to the supervision and
instruction of a licensed mortgage loan originator sponsored by
an independent loan processing entity shall be exempt from his
or her own licensing as a mortgage loan originator. An
independent loan processing entity shall not be subject to
examination by the Secretary. The Secretary may adopt rules to
implement any provisions necessary for the administration of
this subsection.
    (b) No person, partnership, association, corporation, or
other entity except a licensee under this Act or an entity
exempt from licensing pursuant to Section 1-4, subsection (d),
of this Act shall do any business under any name or title, or
circulate or use any advertising or make any representation or
give any information to any person, which indicates or
reasonably implies activity within the scope of this Act.
    (c) The Secretary may, through the Attorney General,
request the circuit court of either Cook or Sangamon County to
issue an injunction to restrain any person from violating or
continuing to violate any of the foregoing provisions of this
Section.
    (d) When the Secretary has reasonable cause to believe that
any entity which has not submitted an application for licensure
is conducting any of the activities described in subsection (a)
hereof, the Secretary shall have the power to examine all books
and records of the entity and any additional documentation
necessary in order to determine whether such entity should
become licensed under this Act.
    (d-1) The Secretary may issue orders against any person if
the Secretary has reasonable cause to believe that an unsafe,
unsound, or unlawful practice has occurred, is occurring, or is
about to occur, if any person has violated, is violating, or is
about to violate any law, rule, or written agreement with the
Secretary, or for the purposes of administering the provisions
of this Act and any rule adopted in accordance with this Act.
    (e) Any person, partnership, association, corporation or
other entity who violates any provision of this Section commits
a business offense and shall be fined an amount not to exceed
$25,000. A mortgage loan brokered, funded, originated,
serviced, or purchased by a party who is not licensed under
this Section shall not be held to be invalid solely on the
basis of a violation under this Section. The changes made to
this Section by Public Act 99-113 this amendatory Act of the
99th General Assembly are declarative of existing law.
    (f) Each person, partnership, association, corporation or
other entity conducting activities regulated by this Act shall
be issued one license. Each office, place of business or
location at which a residential mortgage licensee conducts any
part of his or her business must be recorded with the Secretary
pursuant to Section 2-8 of this Act.
    (g) Licensees under this Act shall solicit, broker, fund,
originate, service and purchase residential mortgage loans
only in conformity with the provisions of this Act and such
rules and regulations as may be promulgated by the Secretary.
    (h) This Act applies to all entities doing business in
Illinois as residential mortgage bankers, as defined by "An Act
to provide for the regulation of mortgage bankers", approved
September 15, 1977, as amended, regardless of whether licensed
under that or any prior Act. Any existing residential mortgage
lender or residential mortgage broker in Illinois whether or
not previously licensed, must operate in accordance with this
Act.
    (i) This Act is a successor Act to and a continuance of the
regulation of residential mortgage bankers provided in, "An Act
to provide for the regulation of mortgage bankers", approved
September 15, 1977, as amended.
    Entities and persons subject to the predecessor Act shall
be subject to this Act from and after its effective date.
(Source: P.A. 99-113, eff. 7-23-15; 100-851, eff. 8-14-18;
100-1153, eff. 12-19-18; revised 1-13-19.)
 
    (205 ILCS 635/1-4)
    Sec. 1-4. Definitions. The following words and phrases have
the meanings given to them in this Section:
        (a) "Residential real property" or "residential real
    estate" shall mean any real property located in Illinois,
    upon which is constructed or intended to be constructed a
    dwelling. Those terms include a manufactured home as
    defined in subdivision (53) of Section 9-102 of the Uniform
    Commercial Code which is real property as defined in
    Section 5-35 of the Conveyance and Encumbrance of
    Manufactured Homes as Real Property and Severance Act.
        (b) "Making a residential mortgage loan" or "funding a
    residential mortgage loan" shall mean for compensation or
    gain, either directly or indirectly, advancing funds or
    making a commitment to advance funds to a loan applicant
    for a residential mortgage loan.
        (c) "Soliciting, processing, placing, or negotiating a
    residential mortgage loan" shall mean for compensation or
    gain, either directly or indirectly, accepting or offering
    to accept an application for a residential mortgage loan,
    assisting or offering to assist in the processing of an
    application for a residential mortgage loan on behalf of a
    borrower, or negotiating or offering to negotiate the terms
    or conditions of a residential mortgage loan with a lender
    on behalf of a borrower including, but not limited to, the
    submission of credit packages for the approval of lenders,
    the preparation of residential mortgage loan closing
    documents, including a closing in the name of a broker.
        (d) "Exempt person or entity" shall mean the following:
            (1) (i) Any banking organization or foreign
        banking corporation licensed by the Illinois
        Commissioner of Banks and Real Estate or the United
        States Comptroller of the Currency to transact
        business in this State; (ii) any national bank,
        federally chartered savings and loan association,
        federal savings bank, federal credit union; (iii)
        (blank); (iv) any bank, savings and loan association,
        savings bank, or credit union organized under the laws
        of this or any other state; (v) any Illinois Consumer
        Installment Loan Act licensee; (vi) any insurance
        company authorized to transact business in this State;
        (vii) any entity engaged solely in commercial mortgage
        lending; (viii) any service corporation of a savings
        and loan association or savings bank organized under
        the laws of this State or the service corporation of a
        federally chartered savings and loan association or
        savings bank having its principal place of business in
        this State, other than a service corporation licensed
        or entitled to reciprocity under the Real Estate
        License Act of 2000; or (ix) any first tier subsidiary
        of a bank, the charter of which is issued under the
        Illinois Banking Act by the Illinois Commissioner of
        Banks and Real Estate, or the first tier subsidiary of
        a bank chartered by the United States Comptroller of
        the Currency and that has its principal place of
        business in this State, provided that the first tier
        subsidiary is regularly examined by the Illinois
        Commissioner of Banks and Real Estate or the
        Comptroller of the Currency, or a consumer compliance
        examination is regularly conducted by the Federal
        Reserve Board.
            (1.5) Any employee of a person or entity mentioned
        in item (1) of this subsection, when acting for such
        person or entity, or any registered mortgage loan
        originator when acting for an entity described in
        subsection (tt) of this Section.
            (1.8) Any person or entity that does not originate
        mortgage loans in the ordinary course of business, but
        makes or acquires residential mortgage loans with his
        or her own funds for his or her or its own investment
        without intent to make, acquire, or resell more than 3
        residential mortgage loans in any one calendar year.
            (2) (Blank).
            (2.1) A bona fide nonprofit organization.
            (2.2) An employee of a bona fide nonprofit
        organization when acting on behalf of that
        organization.
            (3) Any person employed by a licensee to assist in
        the performance of the residential mortgage licensee's
        activities regulated by this Act who is compensated in
        any manner by only one licensee.
            (4) (Blank).
            (5) Any individual, corporation, partnership, or
        other entity that originates, services, or brokers
        residential mortgage loans, as these activities are
        defined in this Act, and who or which receives no
        compensation for those activities, subject to the
        Commissioner's regulations and the federal Secure and
        Fair Enforcement for Mortgage Licensing Act of 2008 and
        the rules promulgated under that Act with regard to the
        nature and amount of compensation.
            (6) (Blank).
            (7) Any entity engaged solely in providing loan
        processing services through the sponsoring of
        individuals acting pursuant to subsection (d) of
        Section 7-1A of this Act.
        (e) "Licensee" or "residential mortgage licensee"
    shall mean a person, partnership, association,
    corporation, or any other entity who or which is licensed
    pursuant to this Act to engage in the activities regulated
    by this Act.
        (f) "Mortgage loan" "residential mortgage loan" or
    "home mortgage loan" shall mean any loan primarily for
    personal, family, or household use that is secured by a
    mortgage, deed of trust, or other equivalent consensual
    security interest on a dwelling as defined in Section
    103(v) of the federal Truth in Lending Act, or residential
    real estate upon which is constructed or intended to be
    constructed a dwelling.
        (g) "Lender" shall mean any person, partnership,
    association, corporation, or any other entity who either
    lends or invests money in residential mortgage loans.
        (h) "Ultimate equitable owner" shall mean a person who,
    directly or indirectly, owns or controls an ownership
    interest in a corporation, foreign corporation, alien
    business organization, trust, or any other form of business
    organization regardless of whether the person owns or
    controls the ownership interest through one or more persons
    or one or more proxies, powers of attorney, nominees,
    corporations, associations, partnerships, trusts, joint
    stock companies, or other entities or devices, or any
    combination thereof.
        (i) "Residential mortgage financing transaction" shall
    mean the negotiation, acquisition, sale, or arrangement
    for or the offer to negotiate, acquire, sell, or arrange
    for, a residential mortgage loan or residential mortgage
    loan commitment.
        (j) "Personal residence address" shall mean a street
    address and shall not include a post office box number.
        (k) "Residential mortgage loan commitment" shall mean
    a contract for residential mortgage loan financing.
        (l) "Party to a residential mortgage financing
    transaction" shall mean a borrower, lender, or loan broker
    in a residential mortgage financing transaction.
        (m) "Payments" shall mean payment of all or any of the
    following: principal, interest and escrow reserves for
    taxes, insurance and other related reserves, and
    reimbursement for lender advances.
        (n) "Commissioner" shall mean the Commissioner of
    Banks and Real Estate, except that, beginning on April 6,
    2009 (the effective date of Public Act 95-1047), all
    references in this Act to the Commissioner of Banks and
    Real Estate are deemed, in appropriate contexts, to be
    references to the Secretary of Financial and Professional
    Regulation, or his or her designee, including the Director
    of the Division of Banking of the Department of Financial
    and Professional Regulation.
        (n-1) "Director" shall mean the Director of the
    Division of Banking of the Department of Financial and
    Professional Regulation, except that, beginning on July
    31, 2009 (the effective date of Public Act 96-112), all
    references in this Act to the Director are deemed, in
    appropriate contexts, to be the Secretary of Financial and
    Professional Regulation, or his or her designee, including
    the Director of the Division of Banking of the Department
    of Financial and Professional Regulation.
        (o) "Loan brokering", "brokering", or "brokerage
    service" shall mean the act of helping to obtain from
    another entity, for a borrower, a loan secured by
    residential real estate situated in Illinois or assisting a
    borrower in obtaining a loan secured by residential real
    estate situated in Illinois in return for consideration to
    be paid by either the borrower or the lender including, but
    not limited to, contracting for the delivery of residential
    mortgage loans to a third party lender and soliciting,
    processing, placing, or negotiating residential mortgage
    loans.
        (p) "Loan broker" or "broker" shall mean a person,
    partnership, association, corporation, or limited
    liability company, other than those persons, partnerships,
    associations, corporations, or limited liability companies
    exempted from licensing pursuant to Section 1-4,
    subsection (d), of this Act, who performs the activities
    described in subsections (c), (o), and (yy) of this
    Section.
        (q) "Servicing" shall mean the collection or
    remittance for or the right or obligation to collect or
    remit for any lender, noteowner, noteholder, or for a
    licensee's own account, of payments, interests, principal,
    and trust items such as hazard insurance and taxes on a
    residential mortgage loan in accordance with the terms of
    the residential mortgage loan; and includes loan payment
    follow-up, delinquency loan follow-up, loan analysis and
    any notifications to the borrower that are necessary to
    enable the borrower to keep the loan current and in good
    standing. "Servicing" includes management of third-party
    entities acting on behalf of a residential mortgage
    licensee for the collection of delinquent payments and the
    use by such third-party entities of said licensee's
    servicing records or information, including their use in
    foreclosure.
        (r) "Full service office" shall mean an office,
    provided by the licensee and not subleased from the
    licensee's employees, and staff in Illinois reasonably
    adequate to handle efficiently communications, questions,
    and other matters relating to any application for, or an
    existing home mortgage secured by residential real estate
    situated in Illinois with respect to which the licensee is
    brokering, funding originating, purchasing, or servicing.
    The management and operation of each full service office
    must include observance of good business practices such as
    proper signage; adequate, organized, and accurate books
    and records; ample phone lines, hours of business, staff
    training and supervision, and provision for a mechanism to
    resolve consumer inquiries, complaints, and problems. The
    Commissioner shall issue regulations with regard to these
    requirements and shall include an evaluation of compliance
    with this Section in his or her periodic examination of
    each licensee.
        (s) "Purchasing" shall mean the purchase of
    conventional or government-insured mortgage loans secured
    by residential real estate situated in Illinois from either
    the lender or from the secondary market.
        (t) "Borrower" shall mean the person or persons who
    seek the services of a loan broker, originator, or lender.
        (u) "Originating" shall mean the issuing of
    commitments for and funding of residential mortgage loans.
        (v) "Loan brokerage agreement" shall mean a written
    agreement in which a broker or loan broker agrees to do
    either of the following:
            (1) obtain a residential mortgage loan for the
        borrower or assist the borrower in obtaining a
        residential mortgage loan; or
            (2) consider making a residential mortgage loan to
        the borrower.
        (w) "Advertisement" shall mean the attempt by
    publication, dissemination, or circulation to induce,
    directly or indirectly, any person to enter into a
    residential mortgage loan agreement or residential
    mortgage loan brokerage agreement relative to a mortgage
    secured by residential real estate situated in Illinois.
        (x) (Blank).
        (y) "Government-insured mortgage loan" shall mean any
    mortgage loan made on the security of residential real
    estate insured by the Department of Housing and Urban
    Development or Farmers Home Loan Administration, or
    guaranteed by the Veterans Administration.
        (z) "Annual audit" shall mean a certified audit of the
    licensee's books and records and systems of internal
    control performed by a certified public accountant in
    accordance with generally accepted accounting principles
    and generally accepted auditing standards.
        (aa) "Financial institution" shall mean a savings and
    loan association, savings bank, credit union, or a bank
    organized under the laws of Illinois or a savings and loan
    association, savings bank, credit union or a bank organized
    under the laws of the United States and headquartered in
    Illinois.
        (bb) "Escrow agent" shall mean a third party,
    individual or entity charged with the fiduciary obligation
    for holding escrow funds on a residential mortgage loan
    pending final payout of those funds in accordance with the
    terms of the residential mortgage loan.
        (cc) "Net worth" shall have the meaning ascribed
    thereto in Section 3-5 of this Act.
        (dd) "Affiliate" shall mean:
            (1) any entity that directly controls or is
        controlled by the licensee and any other company that
        is directly affecting activities regulated by this Act
        that is controlled by the company that controls the
        licensee;
            (2) any entity:
                (A) that is controlled, directly or
            indirectly, by a trust or otherwise, by or for the
            benefit of shareholders who beneficially or
            otherwise control, directly or indirectly, by
            trust or otherwise, the licensee or any company
            that controls the licensee; or
                (B) a majority of the directors or trustees of
            which constitute a majority of the persons holding
            any such office with the licensee or any company
            that controls the licensee;
            (3) any company, including a real estate
        investment trust, that is sponsored and advised on a
        contractual basis by the licensee or any subsidiary or
        affiliate of the licensee.
        (ee) "First tier subsidiary" shall be defined by
    regulation incorporating the comparable definitions used
    by the Office of the Comptroller of the Currency and the
    Illinois Commissioner of Banks and Real Estate.
        (ff) "Gross delinquency rate" means the quotient
    determined by dividing (1) the sum of (i) the number of
    government-insured residential mortgage loans funded or
    purchased by a licensee in the preceding calendar year that
    are delinquent and (ii) the number of conventional
    residential mortgage loans funded or purchased by the
    licensee in the preceding calendar year that are delinquent
    by (2) the sum of (i) the number of government-insured
    residential mortgage loans funded or purchased by the
    licensee in the preceding calendar year and (ii) the number
    of conventional residential mortgage loans funded or
    purchased by the licensee in the preceding calendar year.
        (gg) "Delinquency rate factor" means the factor set by
    rule of the Commissioner that is multiplied by the average
    gross delinquency rate of licensees, determined annually
    for the immediately preceding calendar year, for the
    purpose of determining which licensees shall be examined by
    the Commissioner pursuant to subsection (b) of Section 4-8
    of this Act.
        (hh) (Blank).
        (ii) "Confidential supervisory information" means any
    report of examination, visitation, or investigation
    prepared by the Commissioner under this Act, any report of
    examination visitation, or investigation prepared by the
    state regulatory authority of another state that examines a
    licensee, any document or record prepared or obtained in
    connection with or relating to any examination,
    visitation, or investigation, and any record prepared or
    obtained by the Commissioner to the extent that the record
    summarizes or contains information derived from any
    report, document, or record described in this subsection.
    "Confidential supervisory information" does not include
    any information or record routinely prepared by a licensee
    and maintained in the ordinary course of business or any
    information or record that is required to be made publicly
    available pursuant to State or federal law or rule.
        (jj) "Mortgage loan originator" means an individual
    who for compensation or gain or in the expectation of
    compensation or gain:
            (i) takes a residential mortgage loan application;
        or
            (ii) offers or negotiates terms of a residential
        mortgage loan.
        "Mortgage loan originator" includes an individual
    engaged in loan modification activities as defined in
    subsection (yy) of this Section. A mortgage loan originator
    engaged in loan modification activities shall report those
    activities to the Department of Financial and Professional
    Regulation in the manner provided by the Department;
    however, the Department shall not impose a fee for
    reporting, nor require any additional qualifications to
    engage in those activities beyond those provided pursuant
    to this Act for mortgage loan originators.
        "Mortgage loan originator" does not include an
    individual engaged solely as a loan processor or
    underwriter except as otherwise provided in subsection (d)
    of Section 7-1A of this Act.
        "Mortgage loan originator" does not include a person or
    entity that only performs real estate brokerage activities
    and is licensed in accordance with the Real Estate License
    Act of 2000, unless the person or entity is compensated by
    a lender, a mortgage broker, or other mortgage loan
    originator, or by any agent of that lender, mortgage
    broker, or other mortgage loan originator.
        "Mortgage loan originator" does not include a person or
    entity solely involved in extensions of credit relating to
    timeshare plans, as that term is defined in Section
    101(53D) of Title 11, United States Code.
        (kk) "Depository institution" has the same meaning as
    in Section 3 of the Federal Deposit Insurance Act, and
    includes any credit union.
        (ll) "Dwelling" means a residential structure or
    mobile home which contains one to 4 family housing units,
    or individual units of condominiums or cooperatives.
        (mm) "Immediate family member" means a spouse, child,
    sibling, parent, grandparent, or grandchild, and includes
    step-parents, step-children, step-siblings, or adoptive
    relationships.
        (nn) "Individual" means a natural person.
        (oo) "Loan processor or underwriter" means an
    individual who performs clerical or support duties as an
    employee at the direction of and subject to the supervision
    and instruction of a person licensed, or exempt from
    licensing, under this Act. "Clerical or support duties"
    includes subsequent to the receipt of an application:
            (i) the receipt, collection, distribution, and
        analysis of information common for the processing or
        underwriting of a residential mortgage loan; and
            (ii) communicating with a consumer to obtain the
        information necessary for the processing or
        underwriting of a loan, to the extent that the
        communication does not include offering or negotiating
        loan rates or terms, or counseling consumers about
        residential mortgage loan rates or terms. An
        individual engaging solely in loan processor or
        underwriter activities shall not represent to the
        public, through advertising or other means of
        communicating or providing information, including the
        use of business cards, stationery, brochures, signs,
        rate lists, or other promotional items, that the
        individual can or will perform any of the activities of
        a mortgage loan originator.
        (pp) "Nationwide Multistate Licensing System and
    Registry" means a mortgage licensing system developed and
    maintained by the Conference of State Bank Supervisors and
    the American Association of Residential Mortgage
    Regulators for the licensing and registration of licensed
    mortgage loan originators.
        (qq) "Nontraditional mortgage product" means any
    mortgage product other than a 30-year fixed rate mortgage.
        (rr) "Person" means a natural person, corporation,
    company, limited liability company, partnership, or
    association.
        (ss) "Real estate brokerage activity" means any
    activity that involves offering or providing real estate
    brokerage services to the public, including:
            (1) acting as a real estate agent or real estate
        broker for a buyer, seller, lessor, or lessee of real
        property;
            (2) bringing together parties interested in the
        sale, purchase, lease, rental, or exchange of real
        property;
            (3) negotiating, on behalf of any party, any
        portion of a contract relating to the sale, purchase,
        lease, rental, or exchange of real property, other than
        in connection with providing financing with respect to
        any such transaction;
            (4) engaging in any activity for which a person
        engaged in the activity is required to be registered or
        licensed as a real estate agent or real estate broker
        under any applicable law; or
            (5) offering to engage in any activity, or act in
        any capacity, described in this subsection (ss).
        (tt) "Registered mortgage loan originator" means any
    individual that:
            (1) meets the definition of mortgage loan
        originator and is an employee of:
                (A) a depository institution;
                (B) a subsidiary that is:
                    (i) owned and controlled by a depository
                institution; and
                    (ii) regulated by a federal banking
                agency; or
                (C) an institution regulated by the Farm
            Credit Administration; and
            (2) is registered with, and maintains a unique
        identifier through, the Nationwide Multistate
        Licensing System and Registry.
        (uu) "Unique identifier" means a number or other
    identifier assigned by protocols established by the
    Nationwide Multistate Licensing System and Registry.
        (vv) "Residential mortgage license" means a license
    issued pursuant to Section 1-3, 2-2, or 2-6 of this Act.
        (ww) "Mortgage loan originator license" means a
    license issued pursuant to Section 7-1A, 7-3, or 7-6 of
    this Act.
        (xx) "Secretary" means the Secretary of the Department
    of Financial and Professional Regulation, or a person
    authorized by the Secretary or by this Act to act in the
    Secretary's stead.
        (yy) "Loan modification" means, for compensation or
    gain, either directly or indirectly offering or
    negotiating on behalf of a borrower or homeowner to adjust
    the terms of a residential mortgage loan in a manner not
    provided for in the original or previously modified
    mortgage loan.
        (zz) "Short sale facilitation" means, for compensation
    or gain, either directly or indirectly offering or
    negotiating on behalf of a borrower or homeowner to
    facilitate the sale of residential real estate subject to
    one or more residential mortgage loans or debts
    constituting liens on the property in which the proceeds
    from selling the residential real estate will fall short of
    the amount owed and the lien holders are contacted to agree
    to release their lien on the residential real estate and
    accept less than the full amount owed on the debt.
        (aaa) "Bona fide nonprofit organization" means an
    organization that is described in Section 501(c)(3) of the
    Internal Revenue Code, is exempt from federal income tax
    under Section 501(a) of the Internal Revenue Code, does not
    operate in a commercial context, and does all of the
    following:
            (1) Promotes affordable housing or provides home
        ownership education or similar services.
            (2) Conducts its activities in a manner that serves
        public or charitable purposes.
            (3) Receives funding and revenue and charges fees
        in a manner that does not create an incentive for
        itself or its employees to act other than in the best
        interests of its clients.
            (4) Compensates its employees in a manner that does
        not create an incentive for its employees to act other
        than in the best interests of its clients.
            (5) Provides to, or identifies for, the borrower
        residential mortgage loans with terms favorable to the
        borrower and comparable to residential mortgage loans
        and housing assistance provided under government
        housing assistance programs.
    The Commissioner may define by rule and regulation any
terms used in this Act for the efficient and clear
administration of this Act.
(Source: P.A. 99-78, eff. 7-20-15; 100-783, eff. 8-10-18;
100-851, eff. 8-14-18; 100-1153, eff. 12-19-18; revised
1-13-19.)
 
    (205 ILCS 635/4-1)  (from Ch. 17, par. 2324-1)
    Sec. 4-1. Commissioner of Banks and Real Estate; functions,
powers, and duties. The functions, powers, and duties of the
Commissioner of Banks and Real Estate shall include the
following:
        (a) to issue or refuse to issue any license as provided
    by this Act;
        (b) to revoke or suspend for cause any license issued
    under this Act;
        (c) to keep records of all licenses issued under this
    Act;
        (d) to receive, consider, investigate, and act upon
    complaints made by any person in connection with any
    residential mortgage licensee in this State;
        (e) (blank);
        (f) to prescribe the forms of and receive:
            (1) applications for licenses; and
            (2) all reports and all books and records required
        to be made by any licensee under this Act, including
        annual audited financial statements and annual reports
        of mortgage activity;
        (g) to adopt rules and regulations necessary and proper
    for the administration of this Act;
        (h) to subpoena documents and witnesses and compel
    their attendance and production, to administer oaths, and
    to require the production of any books, papers, or other
    materials relevant to any inquiry authorized by this Act;
        (h-1) to issue orders against any person, if the
    Commissioner has reasonable cause to believe that an
    unsafe, unsound, or unlawful practice has occurred, is
    occurring, or is about to occur, if any person has
    violated, is violating, or is about to violate any law,
    rule, or written agreement with the Commissioner, or for
    the purpose of administering the provisions of this Act and
    any rule adopted in accordance with the Act;
        (h-2) to address any inquiries to any licensee, or the
    officers thereof, in relation to its activities and
    conditions, or any other matter connected with its affairs,
    and it shall be the duty of any licensee or person so
    addressed, to promptly reply in writing to such inquiries.
    The Commissioner may also require reports from any licensee
    at any time the Commissioner may deem desirable;
        (i) to require information with regard to any license
    applicant as he or she may deem desirable, with due regard
    to the paramount interests of the public as to the
    experience, background, honesty, truthfulness, integrity,
    and competency of the license applicant as to financial
    transactions involving primary or subordinate mortgage
    financing, and where the license applicant is an entity
    other than an individual, as to the honesty, truthfulness,
    integrity, and competency of any officer or director of the
    corporation, association, or other entity, or the members
    of a partnership;
        (j) to examine the books and records of every licensee
    under this Act at intervals as specified in Section 4-2;
        (k) to enforce provisions of this Act;
        (l) to levy fees, fines, and charges for services
    performed in administering this Act; the aggregate of all
    fees collected by the Commissioner on and after the
    effective date of this Act shall be paid promptly after
    receipt of the same, accompanied by a detailed statement
    thereof, into the Residential Finance Regulatory Fund
    under Section 4-1.5 of this Act; the amounts deposited into
    that Fund shall be used for the ordinary and contingent
    expenses of the Office of Banks and Real Estate. Nothing in
    this Act shall prevent continuing the practice of paying
    expenses involving salaries, retirement, social security,
    and State-paid insurance of State officers by
    appropriation from the General Revenue Fund.
        (m) to appoint examiners, supervisors, experts, and
    special assistants as needed to effectively and
    efficiently administer this Act;
        (n) to conduct hearings for the purpose of:
            (1) appeals of orders of the Commissioner;
            (2) suspensions or revocations of licenses, or
        fining of licensees;
            (3) investigating:
                (i) complaints against licensees; or
                (ii) annual gross delinquency rates; and
            (4) carrying out the purposes of this Act;
        (o) to exercise exclusive visitorial power over a
    licensee unless otherwise authorized by this Act or as
    vested in the courts, or upon prior consultation with the
    Commissioner, a foreign residential mortgage regulator
    with an appropriate supervisory interest in the parent or
    affiliate of a licensee;
        (p) to enter into cooperative agreements with state
    regulatory authorities of other states to provide for
    examination of corporate offices or branches of those
    states and to accept reports of such examinations;
        (q) to assign an examiner or examiners to monitor the
    affairs of a licensee with whatever frequency the
    Commissioner determines appropriate and to charge the
    licensee for reasonable and necessary expenses of the
    Commissioner, if in the opinion of the Commissioner an
    emergency exists or appears likely to occur;
        (r) to impose civil penalties of up to $50 per day
    against a licensee for failing to respond to a regulatory
    request or reporting requirement; and
        (s) to enter into agreements in connection with the
    Nationwide Multistate Licensing System and Registry.
(Source: P.A. 100-783, eff. 8-10-18; 100-1153, eff. 12-19-18;
revised 1-13-19.)
 
    (205 ILCS 635/4-8)  (from Ch. 17, par. 2324-8)
    Sec. 4-8. Delinquency; examination.
    (a) (Blank).
    (b) The Secretary shall conduct as part of an examination
of each licensee a review of the licensee's loan delinquency
data.
    This subsection shall not be construed as a limitation of
the Secretary's examination authority under Section 4-2 of this
Act or as otherwise provided in this Act. The Secretary may
require a licensee to provide loan delinquency data as the
Secretary deems necessary for the proper enforcement of the
Act.
    (c) The purpose of the examination under subsection (b)
shall be to determine whether the loan delinquency data of the
licensee has resulted from practices which deviate from sound
and accepted mortgage underwriting practices, including, but
not limited to, credit fraud, appraisal fraud, and property
inspection fraud. For the purpose of conducting this
examination, the Secretary may accept materials prepared for
the U.S. Department of Housing and Urban Development. Secretary
    (d) The Secretary, at his or her discretion, may hold
public hearings. Such testimony shall be by a homeowner or
mortgagor or his agent, whose residential interest is affected
by the activities of the residential mortgage licensee subject
to such hearing. At such public hearing, a witness may present
testimony on his or her behalf concerning only his or her home,
or home mortgage, or a witness may authorize a third party to
appear on his or her behalf. The testimony shall be restricted
to information and comments related to a specific residence or
specific residential mortgage application or applications for
a residential mortgage or residential loan transaction. The
testimony must be preceded by either a letter of complaint or a
completed consumer complaint form prescribed by the Secretary.
    (e) The Secretary shall, at the conclusion of the public
hearings, release his or her findings and shall also make
public any action taken with respect to the licensee. The
Secretary shall also give full consideration to the findings of
this examination whenever reapplication is made by the licensee
for a new license under this Act.
    (f) A licensee that is examined pursuant to subsection (b)
shall submit to the Secretary a plan which shall be designed to
reduce that licensee's loan delinquencies. The plan shall be
implemented by the licensee as approved by the Secretary. A
licensee that is examined pursuant to subsection (b) shall
report monthly, for a one year period, one, 2, and 3 month loan
delinquencies.
    (g) Whenever the Secretary finds that a licensee's loan
delinquencies on insured mortgages is unusually high within a
particular geographic area, he or she shall require that
licensee to submit such information as is necessary to
determine whether that licensee's practices have constituted
credit fraud, appraisal fraud or property inspection fraud. The
Secretary shall promulgate such rules as are necessary to
determine whether any licensee's loan delinquencies are
unusually high within a particular area.
(Source: P.A. 99-15, eff. 1-1-16; 100-783, eff. 8-10-18;
100-1153, eff. 12-19-18; revised 1-13-19.)
 
    Section 440. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by setting forth, renumbering, and
changing multiple versions of Sections 5-104 as follows:
 
    (210 ILCS 49/5-104)
    Sec. 5-104. Medicaid rates. Notwithstanding any provision
of law to the contrary, the Medicaid rates for Specialized
Mental Health Rehabilitation Facilities effective on July 1,
2018 must be equal to the rates in effect for Specialized
Mental Health Rehabilitation Facilities on June 30, 2018,
increased by 4%. The Department shall adopt rules, including
emergency rules under subsection (bb) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.
(Source: P.A. 100-587, eff. 6-4-18.)
 
    (210 ILCS 49/5-106)
    Sec. 5-106 5-104. Therapeutic visit rates. For a facility
licensed under this Act by June 1, 2018 or provisionally
licensed under this Act by June 1, 2018, a payment shall be
made for therapeutic visits that have been indicated by an
interdisciplinary team as therapeutically beneficial. Payment
under this Section shall be at a rate of 75% of the facility's
rate on July 27, 2018 (the effective date of Public Act
100-646) this amendatory Act of the 100th General Assembly and
may not exceed 20 days in a fiscal year and shall not exceed 10
days consecutively.
(Source: P.A. 100-646, eff. 7-27-18; revised 10-22-18.)
 
    Section 445. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.5 and 3.50 as follows:
 
    (210 ILCS 50/3.5)
    (Text of Section before amendment by P.A. 100-1082)
    Sec. 3.5. Definitions. As used in this Act:
    "Clinical observation" means the ongoing on-going
observation of a patient's condition by a licensed health care
professional utilizing a medical skill set while continuing
assessment and care.
    "Department" means the Illinois Department of Public
Health.
    "Director" means the Director of the Illinois Department of
Public Health.
    "Emergency" means a medical condition of recent onset and
severity that would lead a prudent layperson, possessing an
average knowledge of medicine and health, to believe that
urgent or unscheduled medical care is required.
    "Emergency Medical Services personnel" or "EMS personnel"
means persons licensed as an Emergency Medical Responder (EMR)
(First Responder), Emergency Medical Dispatcher (EMD),
Emergency Medical Technician (EMT), Emergency Medical
Technician-Intermediate (EMT-I), Advanced Emergency Medical
Technician (A-EMT), Paramedic (EMT-P), Emergency
Communications Registered Nurse (ECRN), or Pre-Hospital
Registered Nurse (PHRN).
    "Health care facility" means a hospital, nursing home,
physician's office or other fixed location at which medical and
health care services are performed. It does not include
"pre-hospital emergency care settings" which utilize EMS
personnel to render pre-hospital emergency care prior to the
arrival of a transport vehicle, as defined in this Act.
    "Hospital" has the meaning ascribed to that term in the
Hospital Licensing Act.
    "Medical monitoring" means the performance of medical
tests and physical exams to evaluate an individual's ongoing
on-going exposure to a factor that could negatively impact that
person's health. "Medical monitoring" includes close
surveillance or supervision of patients liable to suffer
deterioration in physical or mental health and checks of
various parameters such as pulse rate, temperature,
respiration rate, the condition of the pupils, the level of
consciousness and awareness, the degree of appreciation of
pain, and blood gas concentrations such as oxygen and carbon
dioxide.
    "Trauma" means any significant injury which involves
single or multiple organ systems.
(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17;
revised 10-4-18.)
 
    (Text of Section after amendment by P.A. 100-1082)
    Sec. 3.5. Definitions. As used in this Act:
    "Clinical observation" means the ongoing on-going
observation of a patient's condition by a licensed health care
professional utilizing a medical skill set while continuing
assessment and care.
    "Department" means the Illinois Department of Public
Health.
    "Director" means the Director of the Illinois Department of
Public Health.
    "Emergency" means a medical condition of recent onset and
severity that would lead a prudent layperson, possessing an
average knowledge of medicine and health, to believe that
urgent or unscheduled medical care is required.
    "Emergency Medical Services personnel" or "EMS personnel"
means persons licensed as an Emergency Medical Responder (EMR)
(First Responder), Emergency Medical Dispatcher (EMD),
Emergency Medical Technician (EMT), Emergency Medical
Technician-Intermediate (EMT-I), Advanced Emergency Medical
Technician (A-EMT), Paramedic (EMT-P), Emergency
Communications Registered Nurse (ECRN), or Pre-Hospital
Registered Nurse (PHRN), Pre-Hospital Advanced Practice
Registered Nurse (PHAPRN), or Pre-Hospital Physician Assistant
(PHPA).
    "Health care facility" means a hospital, nursing home,
physician's office or other fixed location at which medical and
health care services are performed. It does not include
"pre-hospital emergency care settings" which utilize EMS
personnel to render pre-hospital emergency care prior to the
arrival of a transport vehicle, as defined in this Act.
    "Hospital" has the meaning ascribed to that term in the
Hospital Licensing Act.
    "Medical monitoring" means the performance of medical
tests and physical exams to evaluate an individual's ongoing
on-going exposure to a factor that could negatively impact that
person's health. "Medical monitoring" includes close
surveillance or supervision of patients liable to suffer
deterioration in physical or mental health and checks of
various parameters such as pulse rate, temperature,
respiration rate, the condition of the pupils, the level of
consciousness and awareness, the degree of appreciation of
pain, and blood gas concentrations such as oxygen and carbon
dioxide.
    "Trauma" means any significant injury which involves
single or multiple organ systems.
(Source: P.A. 99-661, eff. 1-1-17; 100-1082, eff. 8-24-19;
revised 10-4-18.)
 
    (210 ILCS 50/3.50)
    (Text of Section before amendment by P.A. 100-1082)
    Sec. 3.50. Emergency Medical Services personnel licensure
levels.
    (a) "Emergency Medical Technician" or "EMT" means a person
who has successfully completed a course in basic life support
as approved by the Department, is currently licensed by the
Department in accordance with standards prescribed by this Act
and rules adopted by the Department pursuant to this Act, and
practices within an EMS System. A valid Emergency Medical
Technician-Basic (EMT-B) license issued under this Act shall
continue to be valid and shall be recognized as an Emergency
Medical Technician (EMT) license until the Emergency Medical
Technician-Basic (EMT-B) license expires.
    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course in
intermediate life support as approved by the Department, is
currently licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Intermediate or Advanced Life Support EMS System.
    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
means a person who has successfully completed a course in basic
and limited advanced emergency medical care as approved by the
Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Intermediate or Advanced Life Support EMS System.
    (c) "Paramedic (EMT-P)" means a person who has successfully
completed a course in advanced life support care as approved by
the Department, is licensed by the Department in accordance
with standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Advanced Life Support EMS System. A valid Emergency Medical
Technician-Paramedic (EMT-P) license issued under this Act
shall continue to be valid and shall be recognized as a
Paramedic license until the Emergency Medical
Technician-Paramedic (EMT-P) license expires.
    (c-5) "Emergency Medical Responder" or "EMR (First
Responder)" means a person who has successfully completed a
course in emergency medical response as approved by the
Department and provides emergency medical response services
prior to the arrival of an ambulance or specialized emergency
medical services vehicle, in accordance with the level of care
established by the National EMS Educational Standards
Emergency Medical Responder course as modified by the
Department. An Emergency Medical Responder who provides
services as part of an EMS System response plan shall comply
with the applicable sections of the Program Plan, as approved
by the Department, of that EMS System. The Department shall
have the authority to adopt rules governing the curriculum,
practice, and necessary equipment applicable to Emergency
Medical Responders.
    On August 15, 2014 (the effective date of Public Act
98-973) this amendatory Act of the 98th General Assembly, a
person who is licensed by the Department as a First Responder
and has completed a Department-approved course in first
responder defibrillator training based on, or equivalent to,
the National EMS Educational Standards or other standards
previously recognized by the Department shall be eligible for
licensure as an Emergency Medical Responder upon meeting the
licensure requirements and submitting an application to the
Department. A valid First Responder license issued under this
Act shall continue to be valid and shall be recognized as an
Emergency Medical Responder license until the First Responder
license expires.
    (c-10) All EMS Systems and licensees shall be fully
compliant with the National EMS Education Standards, as
modified by the Department in administrative rules, within 24
months after the adoption of the administrative rules.
    (d) The Department shall have the authority and
responsibility to:
        (1) Prescribe education and training requirements,
    which includes training in the use of epinephrine, for all
    levels of EMS personnel except for EMRs, based on the
    National EMS Educational Standards and any modifications
    to those curricula specified by the Department through
    rules adopted pursuant to this Act.
        (2) Prescribe licensure testing requirements for all
    levels of EMS personnel, which shall include a requirement
    that all phases of instruction, training, and field
    experience be completed before taking the appropriate
    licensure examination. Candidates may elect to take the
    appropriate National Registry examination in lieu of the
    Department's examination, but are responsible for making
    their own arrangements for taking the National Registry
    examination. In prescribing licensure testing requirements
    for honorably discharged members of the armed forces of the
    United States under this paragraph (2), the Department
    shall ensure that a candidate's military emergency medical
    training, emergency medical curriculum completed, and
    clinical experience, as described in paragraph (2.5), are
    recognized.
        (2.5) Review applications for EMS personnel licensure
    from honorably discharged members of the armed forces of
    the United States with military emergency medical
    training. Applications shall be filed with the Department
    within one year after military discharge and shall contain:
    (i) proof of successful completion of military emergency
    medical training; (ii) a detailed description of the
    emergency medical curriculum completed; and (iii) a
    detailed description of the applicant's clinical
    experience. The Department may request additional and
    clarifying information. The Department shall evaluate the
    application, including the applicant's training and
    experience, consistent with the standards set forth under
    subsections (a), (b), (c), and (d) of Section 3.10. If the
    application clearly demonstrates that the training and
    experience meets such standards, the Department shall
    offer the applicant the opportunity to successfully
    complete a Department-approved EMS personnel examination
    for the level of license for which the applicant is
    qualified. Upon passage of an examination, the Department
    shall issue a license, which shall be subject to all
    provisions of this Act that are otherwise applicable to the
    level of EMS personnel license issued.
        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
    or Paramedic who have met the Department's education,
    training and examination requirements.
        (4) Prescribe annual continuing education and
    relicensure requirements for all EMS personnel licensure
    levels.
        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
    A-EMT, or Paramedic every 4 years, based on their
    compliance with continuing education and relicensure
    requirements as required by the Department pursuant to this
    Act. Every 4 years, a Paramedic shall have 100 hours of
    approved continuing education, an EMT-I and an advanced EMT
    shall have 80 hours of approved continuing education, and
    an EMT shall have 60 hours of approved continuing
    education. An Illinois licensed EMR, EMD, EMT, EMT-I,
    A-EMT, Paramedic, ECRN, or PHRN whose license has been
    expired for less than 36 months may apply for reinstatement
    by the Department. Reinstatement shall require that the
    applicant (i) submit satisfactory proof of completion of
    continuing medical education and clinical requirements to
    be prescribed by the Department in an administrative rule;
    (ii) submit a positive recommendation from an Illinois EMS
    Medical Director attesting to the applicant's
    qualifications for retesting; and (iii) pass a Department
    approved test for the level of EMS personnel license sought
    to be reinstated.
        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
    A-EMT, Paramedic, ECRN, or PHRN who qualifies, based on
    standards and procedures established by the Department in
    rules adopted pursuant to this Act.
        (7) Charge a fee for EMS personnel examination,
    licensure, and license renewal.
        (8) Suspend, revoke, or refuse to issue or renew the
    license of any licensee, after an opportunity for an
    impartial hearing before a neutral administrative law
    judge appointed by the Director, where the preponderance of
    the evidence shows one or more of the following:
            (A) The licensee has not met continuing education
        or relicensure requirements as prescribed by the
        Department;
            (B) The licensee has failed to maintain
        proficiency in the level of skills for which he or she
        is licensed;
            (C) The licensee, during the provision of medical
        services, engaged in dishonorable, unethical, or
        unprofessional conduct of a character likely to
        deceive, defraud, or harm the public;
            (D) The licensee has failed to maintain or has
        violated standards of performance and conduct as
        prescribed by the Department in rules adopted pursuant
        to this Act or his or her EMS System's Program Plan;
            (E) The licensee is physically impaired to the
        extent that he or she cannot physically perform the
        skills and functions for which he or she is licensed,
        as verified by a physician, unless the person is on
        inactive status pursuant to Department regulations;
            (F) The licensee is mentally impaired to the extent
        that he or she cannot exercise the appropriate
        judgment, skill and safety for performing the
        functions for which he or she is licensed, as verified
        by a physician, unless the person is on inactive status
        pursuant to Department regulations;
            (G) The licensee has violated this Act or any rule
        adopted by the Department pursuant to this Act; or
            (H) The licensee has been convicted (or entered a
        plea of guilty or nolo-contendere) by a court of
        competent jurisdiction of a Class X, Class 1, or Class
        2 felony in this State or an out-of-state equivalent
        offense.
        (9) Prescribe education and training requirements in
    the administration and use of opioid antagonists for all
    levels of EMS personnel based on the National EMS
    Educational Standards and any modifications to those
    curricula specified by the Department through rules
    adopted pursuant to this Act.
    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
PHRN who is a member of the Illinois National Guard or an
Illinois State Trooper or who exclusively serves as a volunteer
for units of local government with a population base of less
than 5,000 or as a volunteer for a not-for-profit organization
that serves a service area with a population base of less than
5,000 may submit an application to the Department for a waiver
of the fees described under paragraph (7) of subsection (d) of
this Section on a form prescribed by the Department.
    The education requirements prescribed by the Department
under this Section must allow for the suspension of those
requirements in the case of a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard who is on active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor at
the time that the member would otherwise be required to fulfill
a particular education requirement. Such a person must fulfill
the education requirement within 6 months after his or her
release from active duty.
    (e) In the event that any rule of the Department or an EMS
Medical Director that requires testing for drug use as a
condition of the applicable EMS personnel license conflicts
with or duplicates a provision of a collective bargaining
agreement that requires testing for drug use, that rule shall
not apply to any person covered by the collective bargaining
agreement.
(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,
eff. 8-15-14; 99-480, eff. 9-9-15; revised 10-4-18.)
 
    (Text of Section after amendment by P.A. 100-1082)
    Sec. 3.50. Emergency Medical Services personnel licensure
levels.
    (a) "Emergency Medical Technician" or "EMT" means a person
who has successfully completed a course in basic life support
as approved by the Department, is currently licensed by the
Department in accordance with standards prescribed by this Act
and rules adopted by the Department pursuant to this Act, and
practices within an EMS System. A valid Emergency Medical
Technician-Basic (EMT-B) license issued under this Act shall
continue to be valid and shall be recognized as an Emergency
Medical Technician (EMT) license until the Emergency Medical
Technician-Basic (EMT-B) license expires.
    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course in
intermediate life support as approved by the Department, is
currently licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Intermediate or Advanced Life Support EMS System.
    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
means a person who has successfully completed a course in basic
and limited advanced emergency medical care as approved by the
Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Intermediate or Advanced Life Support EMS System.
    (c) "Paramedic (EMT-P)" means a person who has successfully
completed a course in advanced life support care as approved by
the Department, is licensed by the Department in accordance
with standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Advanced Life Support EMS System. A valid Emergency Medical
Technician-Paramedic (EMT-P) license issued under this Act
shall continue to be valid and shall be recognized as a
Paramedic license until the Emergency Medical
Technician-Paramedic (EMT-P) license expires.
    (c-5) "Emergency Medical Responder" or "EMR (First
Responder)" means a person who has successfully completed a
course in emergency medical response as approved by the
Department and provides emergency medical response services
prior to the arrival of an ambulance or specialized emergency
medical services vehicle, in accordance with the level of care
established by the National EMS Educational Standards
Emergency Medical Responder course as modified by the
Department. An Emergency Medical Responder who provides
services as part of an EMS System response plan shall comply
with the applicable sections of the Program Plan, as approved
by the Department, of that EMS System. The Department shall
have the authority to adopt rules governing the curriculum,
practice, and necessary equipment applicable to Emergency
Medical Responders.
    On August 15, 2014 (the effective date of Public Act
98-973) this amendatory Act of the 98th General Assembly, a
person who is licensed by the Department as a First Responder
and has completed a Department-approved course in first
responder defibrillator training based on, or equivalent to,
the National EMS Educational Standards or other standards
previously recognized by the Department shall be eligible for
licensure as an Emergency Medical Responder upon meeting the
licensure requirements and submitting an application to the
Department. A valid First Responder license issued under this
Act shall continue to be valid and shall be recognized as an
Emergency Medical Responder license until the First Responder
license expires.
    (c-10) All EMS Systems and licensees shall be fully
compliant with the National EMS Education Standards, as
modified by the Department in administrative rules, within 24
months after the adoption of the administrative rules.
    (d) The Department shall have the authority and
responsibility to:
        (1) Prescribe education and training requirements,
    which includes training in the use of epinephrine, for all
    levels of EMS personnel except for EMRs, based on the
    National EMS Educational Standards and any modifications
    to those curricula specified by the Department through
    rules adopted pursuant to this Act.
        (2) Prescribe licensure testing requirements for all
    levels of EMS personnel, which shall include a requirement
    that all phases of instruction, training, and field
    experience be completed before taking the appropriate
    licensure examination. Candidates may elect to take the
    appropriate National Registry examination in lieu of the
    Department's examination, but are responsible for making
    their own arrangements for taking the National Registry
    examination. In prescribing licensure testing requirements
    for honorably discharged members of the armed forces of the
    United States under this paragraph (2), the Department
    shall ensure that a candidate's military emergency medical
    training, emergency medical curriculum completed, and
    clinical experience, as described in paragraph (2.5), are
    recognized.
        (2.5) Review applications for EMS personnel licensure
    from honorably discharged members of the armed forces of
    the United States with military emergency medical
    training. Applications shall be filed with the Department
    within one year after military discharge and shall contain:
    (i) proof of successful completion of military emergency
    medical training; (ii) a detailed description of the
    emergency medical curriculum completed; and (iii) a
    detailed description of the applicant's clinical
    experience. The Department may request additional and
    clarifying information. The Department shall evaluate the
    application, including the applicant's training and
    experience, consistent with the standards set forth under
    subsections (a), (b), (c), and (d) of Section 3.10. If the
    application clearly demonstrates that the training and
    experience meet meets such standards, the Department shall
    offer the applicant the opportunity to successfully
    complete a Department-approved EMS personnel examination
    for the level of license for which the applicant is
    qualified. Upon passage of an examination, the Department
    shall issue a license, which shall be subject to all
    provisions of this Act that are otherwise applicable to the
    level of EMS personnel license issued.
        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
    or Paramedic who have met the Department's education,
    training and examination requirements.
        (4) Prescribe annual continuing education and
    relicensure requirements for all EMS personnel licensure
    levels.
        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
    A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
    based on their compliance with continuing education and
    relicensure requirements as required by the Department
    pursuant to this Act. Every 4 years, a Paramedic shall have
    100 hours of approved continuing education, an EMT-I and an
    advanced EMT shall have 80 hours of approved continuing
    education, and an EMT shall have 60 hours of approved
    continuing education. An Illinois licensed EMR, EMD, EMT,
    EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose
    license has been expired for less than 36 months may apply
    for reinstatement by the Department. Reinstatement shall
    require that the applicant (i) submit satisfactory proof of
    completion of continuing medical education and clinical
    requirements to be prescribed by the Department in an
    administrative rule; (ii) submit a positive recommendation
    from an Illinois EMS Medical Director attesting to the
    applicant's qualifications for retesting; and (iii) pass a
    Department approved test for the level of EMS personnel
    license sought to be reinstated.
        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
    A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
    qualifies, based on standards and procedures established
    by the Department in rules adopted pursuant to this Act.
        (7) Charge a fee for EMS personnel examination,
    licensure, and license renewal.
        (8) Suspend, revoke, or refuse to issue or renew the
    license of any licensee, after an opportunity for an
    impartial hearing before a neutral administrative law
    judge appointed by the Director, where the preponderance of
    the evidence shows one or more of the following:
            (A) The licensee has not met continuing education
        or relicensure requirements as prescribed by the
        Department;
            (B) The licensee has failed to maintain
        proficiency in the level of skills for which he or she
        is licensed;
            (C) The licensee, during the provision of medical
        services, engaged in dishonorable, unethical, or
        unprofessional conduct of a character likely to
        deceive, defraud, or harm the public;
            (D) The licensee has failed to maintain or has
        violated standards of performance and conduct as
        prescribed by the Department in rules adopted pursuant
        to this Act or his or her EMS System's Program Plan;
            (E) The licensee is physically impaired to the
        extent that he or she cannot physically perform the
        skills and functions for which he or she is licensed,
        as verified by a physician, unless the person is on
        inactive status pursuant to Department regulations;
            (F) The licensee is mentally impaired to the extent
        that he or she cannot exercise the appropriate
        judgment, skill and safety for performing the
        functions for which he or she is licensed, as verified
        by a physician, unless the person is on inactive status
        pursuant to Department regulations;
            (G) The licensee has violated this Act or any rule
        adopted by the Department pursuant to this Act; or
            (H) The licensee has been convicted (or entered a
        plea of guilty or nolo-contendere) by a court of
        competent jurisdiction of a Class X, Class 1, or Class
        2 felony in this State or an out-of-state equivalent
        offense.
        (9) Prescribe education and training requirements in
    the administration and use of opioid antagonists for all
    levels of EMS personnel based on the National EMS
    Educational Standards and any modifications to those
    curricula specified by the Department through rules
    adopted pursuant to this Act.
    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
PHAPRN, PHPA, or PHRN who is a member of the Illinois National
Guard or an Illinois State Trooper or who exclusively serves as
a volunteer for units of local government with a population
base of less than 5,000 or as a volunteer for a not-for-profit
organization that serves a service area with a population base
of less than 5,000 may submit an application to the Department
for a waiver of the fees described under paragraph (7) of
subsection (d) of this Section on a form prescribed by the
Department.
    The education requirements prescribed by the Department
under this Section must allow for the suspension of those
requirements in the case of a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard who is on active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor at
the time that the member would otherwise be required to fulfill
a particular education requirement. Such a person must fulfill
the education requirement within 6 months after his or her
release from active duty.
    (e) In the event that any rule of the Department or an EMS
Medical Director that requires testing for drug use as a
condition of the applicable EMS personnel license conflicts
with or duplicates a provision of a collective bargaining
agreement that requires testing for drug use, that rule shall
not apply to any person covered by the collective bargaining
agreement.
(Source: P.A. 99-480, eff. 9-9-15; 100-1082, eff. 8-24-19;
revised 10-4-18.)
 
    Section 450. The Health Care Violence Prevention Act is
amended by changing Section 20 as follows:
 
    (210 ILCS 160/20)
    Sec. 20. Workplace violence prevention program.
    (a) A health care provider shall create a workplace
violence prevention program that complies with the
Occupational Safety and Health Administration guidelines for
preventing workplace violence for health care and social
service workers as amended or updated by the Occupational
Safety and Health Administration.
    (a-5) In addition, the workplace violence prevention
program shall include:
        (1) the following classifications of workplace
    violence as one of 4 possible types:
            (A) "Type 1 violence" means workplace violence
        committed by a person who has no legitimate business at
        the work site and includes violent acts by anyone who
        enters the workplace with the intent to commit a crime.
            (B) "Type 2 violence" means workplace violence
        directed at employees by customers, clients, patients,
        students, inmates, visitors, or other individuals
        accompanying a patient.
            (C) "Type 3 violence" means workplace violence
        against an employee by a present or former employee,
        supervisor, or manager.
            (D) "Type 4 violence" means workplace violence
        committed in the workplace by someone who does not work
        there, but has or is known to have had a personal
        relationship with an employee; .
        (2) management commitment and worker participation,
    including, but not limited to, nurses;
        (3) worksite analysis and identification of potential
    hazards;
        (4) hazard prevention and control;
        (5) safety and health training with required hours
    determined by rule; and
        (6) recordkeeping and evaluation of the violence
    prevention program.
    (b) The Department of Public Health may by rule adopt
additional criteria for workplace violence prevention
programs.
(Source: P.A. 100-1051, eff. 1-1-19; revised 10-4-18.)
 
    Section 455. The Illinois Insurance Code is amended by
changing Sections 4, 154.8, 300.1, 370c, and 452 and by setting
forth, renumbering, and changing multiple versions of Section
356z.29 as follows:
 
    (215 ILCS 5/4)  (from Ch. 73, par. 616)
    Sec. 4. Classes of insurance. Insurance and insurance
business shall be classified as follows:
    Class 1. Life, Accident and Health.
    (a) Life. Insurance on the lives of persons and every
insurance appertaining thereto or connected therewith and
granting, purchasing or disposing of annuities. Policies of
life or endowment insurance or annuity contracts or contracts
supplemental thereto which contain provisions for additional
benefits in case of death by accidental means and provisions
operating to safeguard such policies or contracts against
lapse, to give a special surrender value, or special benefit,
or an annuity, in the event, that the insured or annuitant
shall become a person with a total and permanent disability as
defined by the policy or contract, or which contain benefits
providing acceleration of life or endowment or annuity benefits
in advance of the time they would otherwise be payable, as an
indemnity for long term care which is certified or ordered by a
physician, including but not limited to, professional nursing
care, medical care expenses, custodial nursing care,
non-nursing custodial care provided in a nursing home or at a
residence of the insured, or which contain benefits providing
acceleration of life or endowment or annuity benefits in
advance of the time they would otherwise be payable, at any
time during the insured's lifetime, as an indemnity for a
terminal illness shall be deemed to be policies of life or
endowment insurance or annuity contracts within the intent of
this clause.
    Also to be deemed as policies of life or endowment
insurance or annuity contracts within the intent of this clause
shall be those policies or riders that provide for the payment
of up to 75% of the face amount of benefits in advance of the
time they would otherwise be payable upon a diagnosis by a
physician licensed to practice medicine in all of its branches
that the insured has incurred a covered condition listed in the
policy or rider.
    "Covered condition", as used in this clause, means: heart
attack, stroke, coronary artery surgery, life threatening
cancer, renal failure, Alzheimer's disease, paraplegia, major
organ transplantation, total and permanent disability, and any
other medical condition that the Department may approve for any
particular filing.
    The Director may issue rules that specify prohibited policy
provisions, not otherwise specifically prohibited by law,
which in the opinion of the Director are unjust, unfair, or
unfairly discriminatory to the policyholder, any person
insured under the policy, or beneficiary.
    (b) Accident and health. Insurance against bodily injury,
disablement or death by accident and against disablement
resulting from sickness or old age and every insurance
appertaining thereto, including stop-loss insurance. Stop-loss
insurance is insurance against the risk of economic loss issued
to a single employer self-funded employee disability benefit
plan or an employee welfare benefit plan as described in 29
U.S.C. 100 et seq. The insurance laws of this State, including
this Code, do not apply to arrangements between a religious
organization and the organization's members or participants
when the arrangement and organization meet all of the following
criteria:
        (i) the organization is described in Section 501(c)(3)
    of the Internal Revenue Code and is exempt from taxation
    under Section 501(a) of the Internal Revenue Code;
        (ii) members of the organization share a common set of
    ethical or religious beliefs and share medical expenses
    among members in accordance with those beliefs and without
    regard to the state in which a member resides or is
    employed;
        (iii) no funds that have been given for the purpose of
    the sharing of medical expenses among members described in
    paragraph (ii) of this subsection (b) are held by the
    organization in an off-shore trust or bank account;
        (iv) the organization provides at least monthly to all
    of its members a written statement listing the dollar
    amount of qualified medical expenses that members have
    submitted for sharing, as well as the amount of expenses
    actually shared among the members;
        (v) members of the organization retain membership even
    after they develop a medical condition;
        (vi) the organization or a predecessor organization
    has been in existence at all times since December 31, 1999,
    and medical expenses of its members have been shared
    continuously and without interruption since at least
    December 31, 1999;
        (vii) the organization conducts an annual audit that is
    performed by an independent certified public accounting
    firm in accordance with generally accepted accounting
    principles and is made available to the public upon
    request;
        (viii) the organization includes the following
    statement, in writing, on or accompanying all applications
    and guideline materials:
        "Notice: The organization facilitating the sharing of
        medical expenses is not an insurance company, and
        neither its guidelines nor plan of operation
        constitute or create an insurance policy. Any
        assistance you receive with your medical bills will be
        totally voluntary. As such, participation in the
        organization or a subscription to any of its documents
        should never be considered to be insurance. Whether or
        not you receive any payments for medical expenses and
        whether or not this organization continues to operate,
        you are always personally responsible for the payment
        of your own medical bills.";
        (ix) any membership card or similar document issued by
    the organization and any written communication sent by the
    organization to a hospital, physician, or other health care
    provider shall include a statement that the organization
    does not issue health insurance and that the member or
    participant is personally liable for payment of his or her
    medical bills;
        (x) the organization provides to a participant, within
    30 days after the participant joins, a complete set of its
    rules for the sharing of medical expenses, appeals of
    decisions made by the organization, and the filing of
    complaints;
        (xi) the organization does not offer any other services
    that are regulated under any provision of the Illinois
    Insurance Code or other insurance laws of this State; and
        (xii) the organization does not amass funds as reserves
    intended for payment of medical services, rather the
    organization facilitates the payments provided for in this
    subsection (b) through payments made directly from one
    participant to another.
    (c) Legal Expense Insurance. Insurance which involves the
assumption of a contractual obligation to reimburse the
beneficiary against or pay on behalf of the beneficiary, all or
a portion of his fees, costs, or expenses related to or arising
out of services performed by or under the supervision of an
attorney licensed to practice in the jurisdiction wherein the
services are performed, regardless of whether the payment is
made by the beneficiaries individually or by a third person for
them, but does not include the provision of or reimbursement
for legal services incidental to other insurance coverages. The
insurance laws of this State, including this Act do not apply
to:
        (i) retainer contracts made by attorneys at law with
    individual clients with fees based on estimates of the
    nature and amount of services to be provided to the
    specific client, and similar contracts made with a group of
    clients involved in the same or closely related legal
    matters;
        (ii) plans owned or operated by attorneys who are the
    providers of legal services to the plan;
        (iii) plans providing legal service benefits to groups
    where such plans are owned or operated by authority of a
    state, county, local or other bar association;
        (iv) any lawyer referral service authorized or
    operated by a state, county, local or other bar
    association;
        (v) the furnishing of legal assistance by labor unions
    and other employee organizations to their members in
    matters relating to employment or occupation;
        (vi) the furnishing of legal assistance to members or
    dependents, by churches, consumer organizations,
    cooperatives, educational institutions, credit unions, or
    organizations of employees, where such organizations
    contract directly with lawyers or law firms for the
    provision of legal services, and the administration and
    marketing of such legal services is wholly conducted by the
    organization or its subsidiary;
        (vii) legal services provided by an employee welfare
    benefit plan defined by the Employee Retirement Income
    Security Act of 1974;
        (viii) any collectively bargained plan for legal
    services between a labor union and an employer negotiated
    pursuant to Section 302 of the Labor Management Relations
    Act as now or hereafter amended, under which plan legal
    services will be provided for employees of the employer
    whether or not payments for such services are funded to or
    through an insurance company.
    Class 2. Casualty, Fidelity and Surety.
    (a) Accident and health. Insurance against bodily injury,
disablement or death by accident and against disablement
resulting from sickness or old age and every insurance
appertaining thereto, including stop-loss insurance. Stop-loss
insurance is insurance against the risk of economic loss issued
to a single employer self-funded employee disability benefit
plan or an employee welfare benefit plan as described in 29
U.S.C. 1001 et seq.
    (b) Vehicle. Insurance against any loss or liability
resulting from or incident to the ownership, maintenance or use
of any vehicle (motor or otherwise), draft animal or aircraft.
Any policy insuring against any loss or liability on account of
the bodily injury or death of any person may contain a
provision for payment of disability benefits to injured persons
and death benefits to dependents, beneficiaries or personal
representatives of persons who are killed, including the named
insured, irrespective of legal liability of the insured, if the
injury or death for which benefits are provided is caused by
accident and sustained while in or upon or while entering into
or alighting from or through being struck by a vehicle (motor
or otherwise), draft animal or aircraft, and such provision
shall not be deemed to be accident insurance.
    (c) Liability. Insurance against the liability of the
insured for the death, injury or disability of an employee or
other person, and insurance against the liability of the
insured for damage to or destruction of another person's
property.
    (d) Workers' compensation. Insurance of the obligations
accepted by or imposed upon employers under laws for workers'
compensation.
    (e) Burglary and forgery. Insurance against loss or damage
by burglary, theft, larceny, robbery, forgery, fraud or
otherwise; including all householders' personal property
floater risks.
    (f) Glass. Insurance against loss or damage to glass
including lettering, ornamentation and fittings from any
cause.
    (g) Fidelity and surety. Become surety or guarantor for any
person, copartnership or corporation in any position or place
of trust or as custodian of money or property, public or
private; or, becoming a surety or guarantor for the performance
of any person, copartnership or corporation of any lawful
obligation, undertaking, agreement or contract of any kind,
except contracts or policies of insurance; and underwriting
blanket bonds. Such obligations shall be known and treated as
suretyship obligations and such business shall be known as
surety business.
    (h) Miscellaneous. Insurance against loss or damage to
property and any liability of the insured caused by accidents
to boilers, pipes, pressure containers, machinery and
apparatus of any kind and any apparatus connected thereto, or
used for creating, transmitting or applying power, light, heat,
steam or refrigeration, making inspection of and issuing
certificates of inspection upon elevators, boilers, machinery
and apparatus of any kind and all mechanical apparatus and
appliances appertaining thereto; insurance against loss or
damage by water entering through leaks or openings in
buildings, or from the breakage or leakage of a sprinkler,
pumps, water pipes, plumbing and all tanks, apparatus, conduits
and containers designed to bring water into buildings or for
its storage or utilization therein, or caused by the falling of
a tank, tank platform or supports, or against loss or damage
from any cause (other than causes specifically enumerated under
Class 3 of this Section) to such sprinkler, pumps, water pipes,
plumbing, tanks, apparatus, conduits or containers; insurance
against loss or damage which may result from the failure of
debtors to pay their obligations to the insured; and insurance
of the payment of money for personal services under contracts
of hiring.
    (i) Other casualty risks. Insurance against any other
casualty risk not otherwise specified under Classes 1 or 3,
which may lawfully be the subject of insurance and may properly
be classified under Class 2.
    (j) Contingent losses. Contingent, consequential and
indirect coverages wherein the proximate cause of the loss is
attributable to any one of the causes enumerated under Class 2.
Such coverages shall, for the purpose of classification, be
included in the specific grouping of the kinds of insurance
wherein such cause is specified.
    (k) Livestock and domestic animals. Insurance against
mortality, accident and health of livestock and domestic
animals.
    (l) Legal expense insurance. Insurance against risk
resulting from the cost of legal services as defined under
Class 1(c).
    Class 3. Fire and Marine, etc.
    (a) Fire. Insurance against loss or damage by fire, smoke
and smudge, lightning or other electrical disturbances.
    (b) Elements. Insurance against loss or damage by
earthquake, windstorms, cyclone, tornado, tempests, hail,
frost, snow, ice, sleet, flood, rain, drought or other weather
or climatic conditions including excess or deficiency of
moisture, rising of the waters of the ocean or its tributaries.
    (c) War, riot and explosion. Insurance against loss or
damage by bombardment, invasion, insurrection, riot, strikes,
civil war or commotion, military or usurped power, or explosion
(other than explosion of steam boilers and the breaking of fly
wheels on premises owned, controlled, managed, or maintained by
the insured.).
    (d) Marine and transportation. Insurance against loss or
damage to vessels, craft, aircraft, vehicles of every kind,
(excluding vehicles operating under their own power or while in
storage not incidental to transportation) as well as all goods,
freights, cargoes, merchandise, effects, disbursements,
profits, moneys, bullion, precious stones, securities, choses
chooses in action, evidences of debt, valuable papers, bottomry
and respondentia interests and all other kinds of property and
interests therein, in respect to, appertaining to or in
connection with any or all risks or perils of navigation,
transit, or transportation, including war risks, on or under
any seas or other waters, on land or in the air, or while being
assembled, packed, crated, baled, compressed or similarly
prepared for shipment or while awaiting the same or during any
delays, storage, transshipment, or reshipment incident
thereto, including marine builder's risks and all personal
property floater risks; and for loss or damage to persons or
property in connection with or appertaining to marine, inland
marine, transit or transportation insurance, including
liability for loss of or damage to either arising out of or in
connection with the construction, repair, operation,
maintenance, or use of the subject matter of such insurance,
(but not including life insurance or surety bonds); but, except
as herein specified, shall not mean insurances against loss by
reason of bodily injury to the person; and insurance against
loss or damage to precious stones, jewels, jewelry, gold,
silver and other precious metals whether used in business or
trade or otherwise and whether the same be in course of
transportation or otherwise, which shall include jewelers'
block insurance; and insurance against loss or damage to
bridges, tunnels and other instrumentalities of transportation
and communication (excluding buildings, their furniture and
furnishings, fixed contents and supplies held in storage)
unless fire, tornado, sprinkler leakage, hail, explosion,
earthquake, riot and civil commotion are the only hazards to be
covered; and to piers, wharves, docks and slips, excluding the
risks of fire, tornado, sprinkler leakage, hail, explosion,
earthquake, riot and civil commotion; and to other aids to
navigation and transportation, including dry docks and marine
railways, against all risk.
    (e) Vehicle. Insurance against loss or liability resulting
from or incident to the ownership, maintenance or use of any
vehicle (motor or otherwise), draft animal or aircraft,
excluding the liability of the insured for the death, injury or
disability of another person.
    (f) Property damage, sprinkler leakage and crop. Insurance
against the liability of the insured for loss or damage to
another person's property or property interests from any cause
enumerated in this class; insurance against loss or damage by
water entering through leaks or openings in buildings, or from
the breakage or leakage of a sprinkler, pumps, water pipes,
plumbing and all tanks, apparatus, conduits and containers
designed to bring water into buildings or for its storage or
utilization therein, or caused by the falling of a tank, tank
platform or supports or against loss or damage from any cause
to such sprinklers, pumps, water pipes, plumbing, tanks,
apparatus, conduits or containers; insurance against loss or
damage from insects, diseases or other causes to trees, crops
or other products of the soil.
    (g) Other fire and marine risks. Insurance against any
other property risk not otherwise specified under Classes 1 or
2, which may lawfully be the subject of insurance and may
properly be classified under Class 3.
    (h) Contingent losses. Contingent, consequential and
indirect coverages wherein the proximate cause of the loss is
attributable to any of the causes enumerated under Class 3.
Such coverages shall, for the purpose of classification, be
included in the specific grouping of the kinds of insurance
wherein such cause is specified.
    (i) Legal expense insurance. Insurance against risk
resulting from the cost of legal services as defined under
Class 1(c).
(Source: P.A. 99-143, eff. 7-27-15; revised 10-18-18.)
 
    (215 ILCS 5/154.8)  (from Ch. 73, par. 766.8)
    Sec. 154.8. Cease and desist order; suspension of
certificate; civil penalty; judicial review. Cease and Desist
Order - Suspension of Certificate - Civil penalty - Judicial
Review.)
    (1) If, after a hearing pursuant to Section 154.7, the
Director finds that company has engaged in an improper claims
practice, he shall order such company to cease and desist from
such practices and, in the exercise of reasonable discretion,
may suspend the company's certificate of authority for a period
not to exceed 6 months or impose a civil penalty of up to
$250,000, or both. Pursuant to Section 401, the Director shall
adopt promulgate reasonable rules and regulations establishing
standards for the implementation of this Section.
    (2) Any order of the Director pursuant to this Section is
subject to judicial review under Section 407 of this Code.
(Source: P.A. 86-846; revised 10-18-18.)
 
    (215 ILCS 5/300.1)  (from Ch. 73, par. 912.1)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 300.1. The benefit contract.
    (a) Every society authorized to do business in this State
shall issue to each owner of a benefit contract a certificate
specifying the amount of benefits provided thereby. The
certificate, together with any riders or endorsements attached
thereto, the laws of the society, the application for
membership, the application for insurance and declaration of
insurability, if any, signed by the applicant and all
amendments to each thereof shall constitute the benefit
contract, as of the date of issuance, between the society and
the owner, and the certificate shall so state. A copy of the
application for insurance and declaration of insurability, if
any, shall be endorsed upon or attached to the certificate. All
statements on the application shall be representations and not
warranties. Any waiver of this provision shall be void.
    (b) Any changes, additions or amendments to the laws of the
society duly made or enacted subsequent to the issuance of the
certificate shall bind the owner and the beneficiaries and
shall govern and control the benefit contract in all respects
the same as though such changes, additions or amendments had
been made prior to and were in force at the time of the
application for insurance, except that no change, addition or
amendment shall destroy or diminish benefits which the society
contracted to give the owner as of the date of issuance.
    (c) Any person upon whose life a benefit contract is issued
prior to attaining the age of majority shall be bound by the
terms of the application and certificate and by all the laws
and rules of the society to the same extent as though the age
of majority had been attained at the time of application.
    (d) A society shall provide in its laws and its
certificates that, if its reserves as to all or any class of
certificates become impaired, its board of directors or
corresponding body may require that there shall be paid by the
owner to the society an assessment in the amount of the owner's
equitable proportion of such deficiency as ascertained by its
board, and that, if the payment is not made, either (1) it
shall stand as an indebtedness against the certificate and draw
interest not to exceed the rate specified for certificate loans
under the certificates; or (2) in lieu of or in combination
with (1), the owner may accept a proportionate reduction in
benefits under the certificate. However, in no event may an
assessment obligation be forgiven, credited, or repaid by
whatever means or however labeled by the society in lieu of
collection or reduction in benefits, unless provided to all
society members and approved in writing by the Director, except
that the forgiveness or repayment of any assessments issued by
a society that remain outstanding as of January 1, 2015 (the
effective date of Public Act 98-814) this amendatory Act of the
98th General Assembly may be forgiven or repaid by any manner
or plan certified by an independent actuary and filed with the
Director to make reasonable and adequate provision for the
forgiveness or repayment of the assessment to all society
members. Notwithstanding the foregoing, a society may fully
repay, credit, or forgive an assessment from the date of death
of any life insured under a certificate so long as the plan to
forgive or repay the assessment is certified by an independent
actuary and filed with the Director to make reasonable and
adequate provision for the forgiveness or repayment of the
assessment to all assessed society members as a result of the
death. The society may specify the manner of the election and
which alternative is to be presumed if no election is made. No
such assessment shall take effect unless a 30-day notification
has been provided to the Director, who shall have the ability
to disapprove the assessment only if the Director finds that
such assessment is not in the best interests of the benefit
members of the domestic society. Disapproval by the Director
shall be made within 30 days after receipt of notice and shall
be in writing and mailed to the domestic society. If the
Director disapproves the assessment, the reasons therefor
therefore shall be stated in the written notice.
    (e) Copies of any of the documents mentioned in this
Section, certified by the secretary or corresponding officer of
the society, shall be received in evidence of the terms and
conditions thereof.
    (f) No certificate shall be delivered or issued for
delivery in this State unless a copy of the form has been filed
with the Director in the manner provided for like policies
issued by life insurers in this State. Every life, accident,
health or disability insurance certificate and every annuity
certificate issued on or after one year from January 1, 1986
(the effective date of Public Act 84-303) this amendatory Act
shall meet the standard contract provision requirements not
inconsistent with Public Act 84-303 this amendatory Act for
like policies issued by life insurers in this State except that
a society may provide for a grace period for payment of
premiums of one full month in its certificates. The certificate
shall also contain a provision stating the amount of premiums
which are payable under the certificate and a provision
reciting or setting forth the substance of any sections of the
society's laws or rules in force at the time of issuance of the
certificate which, if violated, will result in the termination
or reduction of benefits payable under the certificate. If the
laws of the society provide for expulsion or suspension of a
member, the certificate shall also contain a provision that any
member so expelled or suspended, except for nonpayment of a
premium or within the contestable period for material
misrepresentation in the application for membership or
insurance, shall have the privilege of maintaining the
certificate in force by continuing payment of the required
premium.
    (g) Benefit contracts issued on the lives of persons below
the society's minimum age for adult membership may provide for
transfer of control or ownership to the insured at an age
specified in the certificate. A society may require approval of
an application for membership in order to effect this transfer
and may provide in all other respect for the regulation,
government and control of such certificates and all rights,
obligations and liabilities incident thereto and connected
therewith. Ownership rights prior to such transfer shall be
specified in the certificate.
    (h) A society may specify the terms and conditions on which
benefit contracts may be assigned.
(Source: P.A. 98-814, eff. 1-1-15; revised 10-18-18.)
 
    (215 ILCS 5/356z.29)
    Sec. 356z.29. Stage 4 advanced, metastatic cancer.
    (a) As used in this Section, "stage 4 advanced, metastatic
cancer" means cancer that has spread from the primary or
original site of the cancer to nearby tissues, lymph nodes, or
other areas or parts of the body.
    (b) No individual or group policy of accident and health
insurance amended, issued, delivered, or renewed in this State
after January 1, 2019 (the effective date of Public Act
100-1057) this amendatory Act of the 100th General Assembly
that, as a provision of hospital, medical, or surgical
services, directly or indirectly covers the treatment of stage
4 advanced, metastatic cancer shall limit or exclude coverage
for a drug approved by the United States Food and Drug
Administration by mandating that the insured shall first be
required to fail to successfully respond to a different drug or
prove a history of failure of the drug as long as the use of the
drug is consistent with best practices for the treatment of
stage 4 advanced, metastatic cancer and is supported by
peer-reviewed medical literature.
    (c) If, at any time before or after January 1, 2019 (the
effective date of Public Act 100-1057) this amendatory Act of
the 100th General Assembly, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in the
Federal Register, publishes a comment in the Federal Register,
or issues an opinion, guidance, or other action that would
require the State, pursuant to any provision of the Patient
Protection and Affordable Care Act (Pub. L. 111–148),
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
successor provision, to defray the cost of the prohibition of
coverage restrictions or exclusions contained in subsection
(b) of this Section for the treatment of stage 4 advanced,
metastatic cancer, then this Section is inoperative with
respect to all such coverage other than that authorized under
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
the State shall not assume any obligation for the cost of the
prohibition of coverage restrictions or exclusions contained
in subsection (b) of this Section for the treatment of stage 4
advanced, metastatic cancer.
(Source: P.A. 100-1057, eff. 1-1-19; revised 10-3-18.)
 
    (215 ILCS 5/356z.30)
    Sec. 356z.30 356z.29. Coverage for hearing aids for
individuals under the age of 18.
    (a) As used in this Section:
    "Hearing care professional" means a person who is a
licensed hearing instrument dispenser, licensed audiologist,
or licensed physician.
    "Hearing instrument" or "hearing aid" means any wearable
non-disposable, non-experimental instrument or device designed
to aid or compensate for impaired human hearing and any parts,
attachments, or accessories for the instrument or device,
including an ear mold but excluding batteries and cords.
    (b) An individual or group policy of accident and health
insurance or managed care plan that is amended, delivered,
issued, or renewed after August 22, 2018 (the effective date of
Public Act 100-1026) this amendatory Act of the 100th General
Assembly must provide coverage for medically necessary hearing
instruments and related services for all individuals under the
age of 18 when a hearing care professional prescribes a hearing
instrument to augment communication.
    (c) An insurer shall provide coverage, subject to all
applicable co-payments, co-insurance, deductibles, and
out-of-pocket limits, subject to the following restrictions:
        (1) one hearing instrument shall be covered for each
    ear every 36 months;
        (2) related services, such as audiological exams and
    selection, fitting, and adjustment of ear molds to maintain
    optimal fit shall be covered when deemed medically
    necessary by a hearing care professional; and
        (3) hearing instrument repairs may be covered when
    deemed medically necessary.
    (d) If, at any time before or after August 22, 2018 (the
effective date of Public Act 100-1026) this amendatory Act of
the 100th General Assembly, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in the
Federal Register, publishes a comment in the Federal Register,
or issues an opinion, guidance, or other action that would
require the State, pursuant to any provision of the Patient
Protection and Affordable Care Act (Pub. L. 111–148),
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
successor provision, to defray the cost of coverage for
medically necessary hearing instruments and related services
for individuals under the age of 18, then this Section is
inoperative with respect to all such coverage other than that
authorized under Section 1902 of the Social Security Act, 42
U.S.C. 1396a, and the State shall not assume any obligation for
the cost of coverage for medically necessary hearing
instruments and related services for individuals under the age
of 18.
(Source: P.A. 100-1026, eff. 8-22-18; revised 10-3-18.)
 
    (215 ILCS 5/356z.31)
    Sec. 356z.31 356z.29. Recovery housing for persons with
substance use disorders.
    (a) Definitions. As used in this Section:
    "Substance use disorder" and "case management" have the
meanings ascribed to those terms in Section 1-10 of the
Substance Use Disorder Act.
    "Hospital" means a facility licensed by the Department of
Public Health under the Hospital Licensing Act.
    "Federally qualified health center" means a facility as
defined in Section 1905(l)(2)(B) of the federal Social Security
Act.
    "Recovery housing" means a residential extended care
treatment facility or a recovery home as defined and licensed
in 77 Illinois Administrative Code, Part 2060, by the Illinois
Department of Human Services, Division of Substance Use
Prevention and Recovery.
    (b) A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed on or after January 1, 2019 (the effective date of
Public Act 100-1065) this amendatory Act of the 100th General
Assembly may provide coverage for residential extended care
services and supports for persons recovery housing for persons
with substance use disorders who are at risk of a relapse
following discharge from a health care clinic, federally
qualified health center, hospital withdrawal management
program or any other licensed withdrawal management program, or
hospital emergency department so long as all of the following
conditions are met:
        (1) A health care clinic, federally qualified health
    center, hospital withdrawal management program or any
    other licensed withdrawal management program, or hospital
    emergency department has conducted an individualized
    assessment, using criteria established by the American
    Society of Addiction Medicine, of the person's condition
    prior to discharge and has identified the person as being
    at risk of a relapse and in need of supportive services,
    including employment and training and case management, to
    maintain long-term recovery. A determination of whether a
    person is in need of supportive services shall also be
    based on whether the person has a history of poverty, job
    insecurity, and lack of a safe and sober living
    environment.
        (2) The recovery housing is administered by a
    community-based agency that is licensed by or under
    contract with the Department of Human Services, Division of
    Substance Use Prevention and Recovery.
        (3) The recovery housing is administered by a
    community-based agency as described in paragraph (2) upon
    the referral of a health care clinic, federally qualified
    health center, hospital withdrawal management program or
    any other licensed withdrawal management program, or
    hospital emergency department.
    (c) Based on the individualized needs assessment, any
coverage provided in accordance with this Section may include,
but not be limited to, the following:
        (1) Substance use disorder treatment services that are
    in accordance with licensure standards promulgated by the
    Department of Human Services, Division of Substance Use
    Prevention and Recovery.
        (2) Transitional housing services, including food or
    meal plans.
        (3) Individualized case management and referral
    services, including case management and social services
    for the families of persons who are seeking treatment for a
    substance use disorder.
        (4) Job training or placement services.
    (d) The insurer may rate each community-based agency that
is licensed by or under contract with the Department of Human
Services, Division of Substance Use Prevention and Recovery to
provide recovery housing based on an evaluation of each
agency's ability to:
        (1) reduce health care costs;
        (2) reduce recidivism rates for persons suffering from
    a substance use disorder;
        (3) improve outcomes;
        (4) track persons with substance use disorders; and
        (5) improve the quality of life of persons with
    substance use disorders through the utilization of
    sustainable recovery, education, employment, and housing
    services.
    The insurer may publish the results of the ratings on its
official website and shall, on an annual basis, update the
posted results.
    (e) The Department of Insurance may adopt any rules
necessary to implement the provisions of this Section in
accordance with the Illinois Administrative Procedure Act and
all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 100-1065, eff. 1-1-19; revised 10-3-18.)
 
    (215 ILCS 5/356z.32)
    Sec. 356z.32 356z.29. Coverage for fertility preservation
services.
    (a) As used in this Section:
        "Iatrogenic infertility" means an in impairment of
    fertility by surgery, radiation, chemotherapy, or other
    medical treatment affecting reproductive organs or
    processes.
        "May directly or indirectly cause" means the likely
    possibility that treatment will cause a side effect of
    infertility, based upon current evidence-based standards
    of care established by the American Society for
    Reproductive Medicine, the American Society of Clinical
    Oncology, or other national medical associations that
    follow current evidence-based standards of care.
        "Standard fertility preservation services" means
    procedures based upon current evidence-based standards of
    care established by the American Society for Reproductive
    Medicine, the American Society of Clinical Oncology, or
    other national medical associations that follow current
    evidence-based standards of care.
    (b) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
after January 1, 2019 (the effective date of Public Act
100-1102) this amendatory Act of the 100th General Assembly
must provide coverage for medically necessary expenses for
standard fertility preservation services when a necessary
medical treatment may directly or indirectly cause iatrogenic
infertility to an enrollee.
    (c) In determining coverage pursuant to this Section, an
insurer shall not discriminate based on an individual's
expected length of life, present or predicted disability,
degree of medical dependency, quality of life, or other health
conditions, nor based on personal characteristics, including
age, sex, sexual orientation, or marital status.
    (d) If, at any time before or after January 1, 2019 (the
effective date of Public Act 100-1102) this amendatory Act of
the 100th General Assembly, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in the
Federal Register, publishes a comment in the Federal Register,
or issues an opinion, guidance, or other action that would
require the State, pursuant to any provision of the Patient
Protection and Affordable Care Act (Pub. L. 111–148),
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
successor provision, to defray the cost of coverage for
fertility preservation services, then this Section is
inoperative with respect to all such coverage other than that
authorized under Section 1902 of the Social Security Act, 42
U.S.C. 1396a, and the State shall not assume any obligation for
the cost of coverage for fertility preservation services.
(Source: P.A. 100-1102, eff. 1-1-19; revised 10-3-18.)
 
    (215 ILCS 5/370c)  (from Ch. 73, par. 982c)
    Sec. 370c. Mental and emotional disorders.
    (a)(1) On and after January 1, 2019 (the effective date of
Public Act 100-1024) this amendatory Act of the 100th General
Assembly, every insurer that amends, delivers, issues, or
renews group accident and health policies providing coverage
for hospital or medical treatment or services for illness on an
expense-incurred basis shall provide coverage for reasonable
and necessary treatment and services for mental, emotional,
nervous, or substance use disorders or conditions consistent
with the parity requirements of Section 370c.1 of this Code.
    (2) Each insured that is covered for mental, emotional,
nervous, or substance use disorders or conditions shall be free
to select the physician licensed to practice medicine in all
its branches, licensed clinical psychologist, licensed
clinical social worker, licensed clinical professional
counselor, licensed marriage and family therapist, licensed
speech-language pathologist, or other licensed or certified
professional at a program licensed pursuant to the Substance
Use Disorder Illinois Alcoholism and Other Drug Abuse and
Dependency Act of his choice to treat such disorders, and the
insurer shall pay the covered charges of such physician
licensed to practice medicine in all its branches, licensed
clinical psychologist, licensed clinical social worker,
licensed clinical professional counselor, licensed marriage
and family therapist, licensed speech-language pathologist, or
other licensed or certified professional at a program licensed
pursuant to the Substance Use Disorder Illinois Alcoholism and
Other Drug Abuse and Dependency Act up to the limits of
coverage, provided (i) the disorder or condition treated is
covered by the policy, and (ii) the physician, licensed
psychologist, licensed clinical social worker, licensed
clinical professional counselor, licensed marriage and family
therapist, licensed speech-language pathologist, or other
licensed or certified professional at a program licensed
pursuant to the Substance Use Disorder Illinois Alcoholism and
Other Drug Abuse and Dependency Act is authorized to provide
said services under the statutes of this State and in
accordance with accepted principles of his profession.
    (3) Insofar as this Section applies solely to licensed
clinical social workers, licensed clinical professional
counselors, licensed marriage and family therapists, licensed
speech-language pathologists, and other licensed or certified
professionals at programs licensed pursuant to the Substance
Use Disorder Illinois Alcoholism and Other Drug Abuse and
Dependency Act, those persons who may provide services to
individuals shall do so after the licensed clinical social
worker, licensed clinical professional counselor, licensed
marriage and family therapist, licensed speech-language
pathologist, or other licensed or certified professional at a
program licensed pursuant to the Substance Use Disorder
Illinois Alcoholism and Other Drug Abuse and Dependency Act has
informed the patient of the desirability of the patient
conferring with the patient's primary care physician.
    (4) "Mental, emotional, nervous, or substance use disorder
or condition" means a condition or disorder that involves a
mental health condition or substance use disorder that falls
under any of the diagnostic categories listed in the mental and
behavioral disorders chapter of the current edition of the
International Classification of Disease or that is listed in
the most recent version of the Diagnostic and Statistical
Manual of Mental Disorders.
    (b)(1) (Blank).
    (2) (Blank).
    (2.5) (Blank).
    (3) Unless otherwise prohibited by federal law and
consistent with the parity requirements of Section 370c.1 of
this Code, the reimbursing insurer that amends, delivers,
issues, or renews a group or individual policy of accident and
health insurance, a qualified health plan offered through the
health insurance marketplace, or a provider of treatment of
mental, emotional, nervous, or substance use disorders or
conditions shall furnish medical records or other necessary
data that substantiate that initial or continued treatment is
at all times medically necessary. An insurer shall provide a
mechanism for the timely review by a provider holding the same
license and practicing in the same specialty as the patient's
provider, who is unaffiliated with the insurer, jointly
selected by the patient (or the patient's next of kin or legal
representative if the patient is unable to act for himself or
herself), the patient's provider, and the insurer in the event
of a dispute between the insurer and patient's provider
regarding the medical necessity of a treatment proposed by a
patient's provider. If the reviewing provider determines the
treatment to be medically necessary, the insurer shall provide
reimbursement for the treatment. Future contractual or
employment actions by the insurer regarding the patient's
provider may not be based on the provider's participation in
this procedure. Nothing prevents the insured from agreeing in
writing to continue treatment at his or her expense. When
making a determination of the medical necessity for a treatment
modality for mental, emotional, nervous, or substance use
disorders or conditions, an insurer must make the determination
in a manner that is consistent with the manner used to make
that determination with respect to other diseases or illnesses
covered under the policy, including an appeals process. Medical
necessity determinations for substance use disorders shall be
made in accordance with appropriate patient placement criteria
established by the American Society of Addiction Medicine. No
additional criteria may be used to make medical necessity
determinations for substance use disorders.
    (4) A group health benefit plan amended, delivered, issued,
or renewed on or after January 1, 2019 (the effective date of
Public Act 100-1024) this amendatory Act of the 100th General
Assembly or an individual policy of accident and health
insurance or a qualified health plan offered through the health
insurance marketplace amended, delivered, issued, or renewed
on or after January 1, 2019 (the effective date of Public Act
100-1024) this amendatory Act of the 100th General Assembly:
        (A) shall provide coverage based upon medical
    necessity for the treatment of a mental, emotional,
    nervous, or substance use disorder or condition consistent
    with the parity requirements of Section 370c.1 of this
    Code; provided, however, that in each calendar year
    coverage shall not be less than the following:
            (i) 45 days of inpatient treatment; and
            (ii) beginning on June 26, 2006 (the effective date
        of Public Act 94-921), 60 visits for outpatient
        treatment including group and individual outpatient
        treatment; and
            (iii) for plans or policies delivered, issued for
        delivery, renewed, or modified after January 1, 2007
        (the effective date of Public Act 94-906), 20
        additional outpatient visits for speech therapy for
        treatment of pervasive developmental disorders that
        will be in addition to speech therapy provided pursuant
        to item (ii) of this subparagraph (A); and
        (B) may not include a lifetime limit on the number of
    days of inpatient treatment or the number of outpatient
    visits covered under the plan.
        (C) (Blank).
    (5) An issuer of a group health benefit plan or an
individual policy of accident and health insurance or a
qualified health plan offered through the health insurance
marketplace may not count toward the number of outpatient
visits required to be covered under this Section an outpatient
visit for the purpose of medication management and shall cover
the outpatient visits under the same terms and conditions as it
covers outpatient visits for the treatment of physical illness.
    (5.5) An individual or group health benefit plan amended,
delivered, issued, or renewed on or after September 9, 2015
(the effective date of Public Act 99-480) this amendatory Act
of the 99th General Assembly shall offer coverage for medically
necessary acute treatment services and medically necessary
clinical stabilization services. The treating provider shall
base all treatment recommendations and the health benefit plan
shall base all medical necessity determinations for substance
use disorders in accordance with the most current edition of
the Treatment Criteria for Addictive, Substance-Related, and
Co-Occurring Conditions established by the American Society of
Addiction Medicine. The treating provider shall base all
treatment recommendations and the health benefit plan shall
base all medical necessity determinations for
medication-assisted treatment in accordance with the most
current Treatment Criteria for Addictive, Substance-Related,
and Co-Occurring Conditions established by the American
Society of Addiction Medicine.
    As used in this subsection:
    "Acute treatment services" means 24-hour medically
supervised addiction treatment that provides evaluation and
withdrawal management and may include biopsychosocial
assessment, individual and group counseling, psychoeducational
groups, and discharge planning.
    "Clinical stabilization services" means 24-hour treatment,
usually following acute treatment services for substance
abuse, which may include intensive education and counseling
regarding the nature of addiction and its consequences, relapse
prevention, outreach to families and significant others, and
aftercare planning for individuals beginning to engage in
recovery from addiction.
    (6) An issuer of a group health benefit plan may provide or
offer coverage required under this Section through a managed
care plan.
    (6.5) An individual or group health benefit plan amended,
delivered, issued, or renewed on or after January 1, 2019 (the
effective date of Public Act 100-1024) this amendatory Act of
the 100th General Assembly:
        (A) shall not impose prior authorization requirements,
    other than those established under the Treatment Criteria
    for Addictive, Substance-Related, and Co-Occurring
    Conditions established by the American Society of
    Addiction Medicine, on a prescription medication approved
    by the United States Food and Drug Administration that is
    prescribed or administered for the treatment of substance
    use disorders;
        (B) shall not impose any step therapy requirements,
    other than those established under the Treatment Criteria
    for Addictive, Substance-Related, and Co-Occurring
    Conditions established by the American Society of
    Addiction Medicine, before authorizing coverage for a
    prescription medication approved by the United States Food
    and Drug Administration that is prescribed or administered
    for the treatment of substance use disorders;
        (C) shall place all prescription medications approved
    by the United States Food and Drug Administration
    prescribed or administered for the treatment of substance
    use disorders on, for brand medications, the lowest tier of
    the drug formulary developed and maintained by the
    individual or group health benefit plan that covers brand
    medications and, for generic medications, the lowest tier
    of the drug formulary developed and maintained by the
    individual or group health benefit plan that covers generic
    medications; and
        (D) shall not exclude coverage for a prescription
    medication approved by the United States Food and Drug
    Administration for the treatment of substance use
    disorders and any associated counseling or wraparound
    services on the grounds that such medications and services
    were court ordered.
    (7) (Blank).
    (8) (Blank).
    (9) With respect to all mental, emotional, nervous, or
substance use disorders or conditions, coverage for inpatient
treatment shall include coverage for treatment in a residential
treatment center certified or licensed by the Department of
Public Health or the Department of Human Services.
    (c) This Section shall not be interpreted to require
coverage for speech therapy or other habilitative services for
those individuals covered under Section 356z.15 of this Code.
    (d) With respect to a group or individual policy of
accident and health insurance or a qualified health plan
offered through the health insurance marketplace, the
Department and, with respect to medical assistance, the
Department of Healthcare and Family Services shall each enforce
the requirements of this Section and Sections 356z.23 and
370c.1 of this Code, the Paul Wellstone and Pete Domenici
Mental Health Parity and Addiction Equity Act of 2008, 42
U.S.C. 18031(j), and any amendments to, and federal guidance or
regulations issued under, those Acts, including, but not
limited to, final regulations issued under the Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction Equity Act
of 2008 and final regulations applying the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity Act of
2008 to Medicaid managed care organizations, the Children's
Health Insurance Program, and alternative benefit plans.
Specifically, the Department and the Department of Healthcare
and Family Services shall take action:
        (1) proactively ensuring compliance by individual and
    group policies, including by requiring that insurers
    submit comparative analyses, as set forth in paragraph (6)
    of subsection (k) of Section 370c.1, demonstrating how they
    design and apply nonquantitative treatment limitations,
    both as written and in operation, for mental, emotional,
    nervous, or substance use disorder or condition benefits as
    compared to how they design and apply nonquantitative
    treatment limitations, as written and in operation, for
    medical and surgical benefits;
        (2) evaluating all consumer or provider complaints
    regarding mental, emotional, nervous, or substance use
    disorder or condition coverage for possible parity
    violations;
        (3) performing parity compliance market conduct
    examinations or, in the case of the Department of
    Healthcare and Family Services, parity compliance audits
    of individual and group plans and policies, including, but
    not limited to, reviews of:
            (A) nonquantitative treatment limitations,
        including, but not limited to, prior authorization
        requirements, concurrent review, retrospective review,
        step therapy, network admission standards,
        reimbursement rates, and geographic restrictions;
            (B) denials of authorization, payment, and
        coverage; and
            (C) other specific criteria as may be determined by
        the Department.
    The findings and the conclusions of the parity compliance
market conduct examinations and audits shall be made public.
    The Director may adopt rules to effectuate any provisions
of the Paul Wellstone and Pete Domenici Mental Health Parity
and Addiction Equity Act of 2008 that relate to the business of
insurance.
    (e) Availability of plan information.
        (1) The criteria for medical necessity determinations
    made under a group health plan, an individual policy of
    accident and health insurance, or a qualified health plan
    offered through the health insurance marketplace with
    respect to mental health or substance use disorder benefits
    (or health insurance coverage offered in connection with
    the plan with respect to such benefits) must be made
    available by the plan administrator (or the health
    insurance issuer offering such coverage) to any current or
    potential participant, beneficiary, or contracting
    provider upon request.
        (2) The reason for any denial under a group health
    benefit plan, an individual policy of accident and health
    insurance, or a qualified health plan offered through the
    health insurance marketplace (or health insurance coverage
    offered in connection with such plan or policy) of
    reimbursement or payment for services with respect to
    mental, emotional, nervous, or substance use disorders or
    conditions benefits in the case of any participant or
    beneficiary must be made available within a reasonable time
    and in a reasonable manner and in readily understandable
    language by the plan administrator (or the health insurance
    issuer offering such coverage) to the participant or
    beneficiary upon request.
    (f) As used in this Section, "group policy of accident and
health insurance" and "group health benefit plan" includes (1)
State-regulated employer-sponsored group health insurance
plans written in Illinois or which purport to provide coverage
for a resident of this State; and (2) State employee health
plans.
    (g) (1) As used in this subsection:
    "Benefits", with respect to insurers, means the benefits
provided for treatment services for inpatient and outpatient
treatment of substance use disorders or conditions at American
Society of Addiction Medicine levels of treatment 2.1
(Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1
(Clinically Managed Low-Intensity Residential), 3.3
(Clinically Managed Population-Specific High-Intensity
Residential), 3.5 (Clinically Managed High-Intensity
Residential), and 3.7 (Medically Monitored Intensive
Inpatient) and OMT (Opioid Maintenance Therapy) services.
    "Benefits", with respect to managed care organizations,
means the benefits provided for treatment services for
inpatient and outpatient treatment of substance use disorders
or conditions at American Society of Addiction Medicine levels
of treatment 2.1 (Intensive Outpatient), 2.5 (Partial
Hospitalization), 3.5 (Clinically Managed High-Intensity
Residential), and 3.7 (Medically Monitored Intensive
Inpatient) and OMT (Opioid Maintenance Therapy) services.
    "Substance use disorder treatment provider or facility"
means a licensed physician, licensed psychologist, licensed
psychiatrist, licensed advanced practice registered nurse, or
licensed, certified, or otherwise State-approved facility or
provider of substance use disorder treatment.
    (2) A group health insurance policy, an individual health
benefit plan, or qualified health plan that is offered through
the health insurance marketplace, small employer group health
plan, and large employer group health plan that is amended,
delivered, issued, executed, or renewed in this State, or
approved for issuance or renewal in this State, on or after
January 1, 2019 (the effective date of Public Act 100-1023)
this amendatory Act of the 100th General Assembly shall comply
with the requirements of this Section and Section 370c.1. The
services for the treatment and the ongoing assessment of the
patient's progress in treatment shall follow the requirements
of 77 Ill. Adm. Code 2060.
    (3) Prior authorization shall not be utilized for the
benefits under this subsection. The substance use disorder
treatment provider or facility shall notify the insurer of the
initiation of treatment. For an insurer that is not a managed
care organization, the substance use disorder treatment
provider or facility notification shall occur for the
initiation of treatment of the covered person within 2 business
days. For managed care organizations, the substance use
disorder treatment provider or facility notification shall
occur in accordance with the protocol set forth in the provider
agreement for initiation of treatment within 24 hours. If the
managed care organization is not capable of accepting the
notification in accordance with the contractual protocol
during the 24-hour period following admission, the substance
use disorder treatment provider or facility shall have one
additional business day to provide the notification to the
appropriate managed care organization. Treatment plans shall
be developed in accordance with the requirements and timeframes
established in 77 Ill. Adm. Code 2060. If the substance use
disorder treatment provider or facility fails to notify the
insurer of the initiation of treatment in accordance with these
provisions, the insurer may follow its normal prior
authorization processes.
    (4) For an insurer that is not a managed care organization,
if an insurer determines that benefits are no longer medically
necessary, the insurer shall notify the covered person, the
covered person's authorized representative, if any, and the
covered person's health care provider in writing of the covered
person's right to request an external review pursuant to the
Health Carrier External Review Act. The notification shall
occur within 24 hours following the adverse determination.
    Pursuant to the requirements of the Health Carrier External
Review Act, the covered person or the covered person's
authorized representative may request an expedited external
review. An expedited external review may not occur if the
substance use disorder treatment provider or facility
determines that continued treatment is no longer medically
necessary. Under this subsection, a request for expedited
external review must be initiated within 24 hours following the
adverse determination notification by the insurer. Failure to
request an expedited external review within 24 hours shall
preclude a covered person or a covered person's authorized
representative from requesting an expedited external review.
    If an expedited external review request meets the criteria
of the Health Carrier External Review Act, an independent
review organization shall make a final determination of medical
necessity within 72 hours. If an independent review
organization upholds an adverse determination, an insurer
shall remain responsible to provide coverage of benefits
through the day following the determination of the independent
review organization. A decision to reverse an adverse
determination shall comply with the Health Carrier External
Review Act.
    (5) The substance use disorder treatment provider or
facility shall provide the insurer with 7 business days'
advance notice of the planned discharge of the patient from the
substance use disorder treatment provider or facility and
notice on the day that the patient is discharged from the
substance use disorder treatment provider or facility.
    (6) The benefits required by this subsection shall be
provided to all covered persons with a diagnosis of substance
use disorder or conditions. The presence of additional related
or unrelated diagnoses shall not be a basis to reduce or deny
the benefits required by this subsection.
    (7) Nothing in this subsection shall be construed to
require an insurer to provide coverage for any of the benefits
in this subsection.
(Source: P.A. 99-480, eff. 9-9-15; 100-305, eff. 8-24-17;
100-1023, eff. 1-1-19; 100-1024, eff. 1-1-19; revised
10-18-18.)
 
    (215 ILCS 5/452)  (from Ch. 73, par. 1064)
    Sec. 452. Civil Administrative Code of Illinois. Nothing in
this Code contained shall be held or construed to alter,
modify, or repeal any of the provisions of the Civil
Administrative Code of Illinois an Act entitled "An Act In
Relation to Civil Administration of the State Government and to
Repeal Certain Acts Therein Named," approved March 7, 1917, and
amendments thereto.
(Source: Laws 1937, p. 696; revised 10-19-18.)
 
    Section 460. The Health Maintenance Organization Act is
amended by changing Section 5-3 as follows:
 
    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
    Sec. 5-3. Insurance Code provisions.
    (a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.21,
356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 364,
364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e,
370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
444, and 444.1, paragraph (c) of subsection (2) of Section 367,
and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,
and XXVI of the Illinois Insurance Code.
    (b) For purposes of the Illinois Insurance Code, except for
Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
Maintenance Organizations in the following categories are
deemed to be "domestic companies":
        (1) a corporation authorized under the Dental Service
    Plan Act or the Voluntary Health Services Plans Act;
        (2) a corporation organized under the laws of this
    State; or
        (3) a corporation organized under the laws of another
    state, 30% or more of the enrollees of which are residents
    of this State, except a corporation subject to
    substantially the same requirements in its state of
    organization as is a "domestic company" under Article VIII
    1/2 of the Illinois Insurance Code.
    (c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
        (1) the Director shall give primary consideration to
    the continuation of benefits to enrollees and the financial
    conditions of the acquired Health Maintenance Organization
    after the merger, consolidation, or other acquisition of
    control takes effect;
        (2)(i) the criteria specified in subsection (1)(b) of
    Section 131.8 of the Illinois Insurance Code shall not
    apply and (ii) the Director, in making his determination
    with respect to the merger, consolidation, or other
    acquisition of control, need not take into account the
    effect on competition of the merger, consolidation, or
    other acquisition of control;
        (3) the Director shall have the power to require the
    following information:
            (A) certification by an independent actuary of the
        adequacy of the reserves of the Health Maintenance
        Organization sought to be acquired;
            (B) pro forma financial statements reflecting the
        combined balance sheets of the acquiring company and
        the Health Maintenance Organization sought to be
        acquired as of the end of the preceding year and as of
        a date 90 days prior to the acquisition, as well as pro
        forma financial statements reflecting projected
        combined operation for a period of 2 years;
            (C) a pro forma business plan detailing an
        acquiring party's plans with respect to the operation
        of the Health Maintenance Organization sought to be
        acquired for a period of not less than 3 years; and
            (D) such other information as the Director shall
        require.
    (d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including without limitation the health
maintenance organization's right, title, and interest in and to
its health care certificates).
    (e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code, take
into account the effect of the management contract or service
agreement on the continuation of benefits to enrollees and the
financial condition of the health maintenance organization to
be managed or serviced, and (ii) need not take into account the
effect of the management contract or service agreement on
competition.
    (f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a Health
Maintenance Organization may by contract agree with a group or
other enrollment unit to effect refunds or charge additional
premiums under the following terms and conditions:
        (i) the amount of, and other terms and conditions with
    respect to, the refund or additional premium are set forth
    in the group or enrollment unit contract agreed in advance
    of the period for which a refund is to be paid or
    additional premium is to be charged (which period shall not
    be less than one year); and
        (ii) the amount of the refund or additional premium
    shall not exceed 20% of the Health Maintenance
    Organization's profitable or unprofitable experience with
    respect to the group or other enrollment unit for the
    period (and, for purposes of a refund or additional
    premium, the profitable or unprofitable experience shall
    be calculated taking into account a pro rata share of the
    Health Maintenance Organization's administrative and
    marketing expenses, but shall not include any refund to be
    made or additional premium to be paid pursuant to this
    subsection (f)). The Health Maintenance Organization and
    the group or enrollment unit may agree that the profitable
    or unprofitable experience may be calculated taking into
    account the refund period and the immediately preceding 2
    plan years.
    The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and the
resulting additional premium to be paid by the group or
enrollment unit.
    In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
    (g) Rulemaking authority to implement Public Act 95-1045,
if any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.
8-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
10-4-18.)
 
    Section 465. The Limited Health Service Organization Act is
amended by changing Section 4003 as follows:
 
    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
    Sec. 4003. Illinois Insurance Code provisions. Limited
health service organizations shall be subject to the provisions
of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32,
368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,
and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII
1/2, XXV, and XXVI of the Illinois Insurance Code. For purposes
of the Illinois Insurance Code, except for Sections 444 and
444.1 and Articles XIII and XIII 1/2, limited health service
organizations in the following categories are deemed to be
domestic companies:
        (1) a corporation under the laws of this State; or
        (2) a corporation organized under the laws of another
    state, 30% or more of the enrollees of which are residents
    of this State, except a corporation subject to
    substantially the same requirements in its state of
    organization as is a domestic company under Article VIII
    1/2 of the Illinois Insurance Code.
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1057, eff.
1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)
 
    Section 470. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
 
    (215 ILCS 165/10)  (from Ch. 32, par. 604)
    Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18,
356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,
356z.32, 364.01, 367.2, 368a, 401, 401.1, 402, 403, 403A, 408,
408.2, and 412, and paragraphs (7) and (15) of Section 367 of
the Illinois Insurance Code.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)
 
    Section 475. The Public Utilities Act is amended by
changing Sections 4-304, 7-204, and 8-103B as follows:
 
    (220 ILCS 5/4-304)  (from Ch. 111 2/3, par. 4-304)
    Sec. 4-304. Beginning in 1986, the Commission shall prepare
an annual report which shall be filed by January 31 of each
year with the Joint Committee on Legislative Support Services
of the General Assembly and the Governor and which shall be
publicly available. Such report shall include:
        (1) A general review of agency activities and changes,
    including:
            (a) a review of significant decisions and other
        regulatory actions for the preceding year, and pending
        cases, and an analysis of the impact of such decisions
        and actions, and potential impact of any significant
        pending cases;
            (b) for each significant decision, regulatory
        action and pending case, a description of the positions
        advocated by major parties, including Commission
        staff, and for each such decision rendered or action
        taken, the position adopted by the Commission and
        reason therefor;
            (c) a description of the Commission's budget,
        caseload, and staff levels, including specifically:
                (i) a breakdown by type of case of the cases
            resolved and filed during the year and of pending
            cases;
                (ii) a description of the allocation of the
            Commission's budget, identifying amounts budgeted
            for each significant regulatory function or
            activity and for each department, bureau, section,
            division or office of the Commission and its
            employees;
                (iii) a description of current employee
            levels, identifying any change occurring during
            the year in the number of employees, personnel
            policies and practices or compensation levels; and
            identifying the number and type of employees
            assigned to each Commission regulatory function
            and to each department, bureau, section, division
            or office of the Commission;
            (d) a description of any significant changes in
        Commission policies, programs or practices with
        respect to agency organization and administration,
        hearings and procedures or substantive regulatory
        activity.
        (2) A discussion and analysis of the state of each
    utility industry regulated by the Commission and
    significant changes, trends and developments therein,
    including the number and types of firms offering each
    utility service, existing, new and prospective
    technologies, variations in the quality, availability and
    price for utility services in different geographic areas of
    the State, and any other industry factors or circumstances
    which may affect the public interest or the regulation of
    such industries.
        (3) A specific discussion of the energy planning
    responsibilities and activities of the Commission and
    energy utilities, including:
            (a) the extent to which conservation,
        cogeneration, renewable energy technologies and
        improvements in energy efficiency are being utilized
        by energy consumers, the extent to which additional
        potential exists for the economical utilization of
        such supplies, and a description of existing and
        proposed programs and policies designed to promote and
        encourage such utilization;
            (b) a description of each energy plan filed with
        the Commission pursuant to the provisions of this Act,
        and a copy, or detailed summary of the most recent
        energy plans adopted by the Commission;
            (c) a discussion of the powers by which the
        Commission is implementing the planning
        responsibilities of Article VIII, including a
        description of the staff and budget assigned to such
        function, the procedures by which Commission staff
        reviews and analyzes energy plans submitted by the
        utilities, the Department of Natural Resources, and
        any other person or party; and
            (d) a summary of the adoption of solar photovoltaic
        systems by residential and small business consumers in
        Illinois and a description of any and all barriers to
        residential and small business consumers' financing,
        installation, and valuation of energy produced by
        solar photovoltaic systems; electric utilities,
        alternative retail electric suppliers, and installers
        of distributed generation shall provide all
        information requested by the Commission or its staff
        necessary to complete the analysis required by this
        paragraph (d).
        (4) A discussion of the extent to which utility
    services are available to all Illinois citizens including:
            (a) the percentage and number of persons or
        households requiring each such service who are not
        receiving such service, and the reasons therefor
        therefore, including specifically the number of such
        persons or households who are unable to afford such
        service;
            (b) a critical analysis of existing programs
        designed to promote and preserve the availability and
        affordability of utility services; and
            (c) an analysis of the financial impact on
        utilities and other ratepayers of the inability of some
        customers or potential customers to afford utility
        service, including the number of service
        disconnections and reconnections, and cost thereof and
        the dollar amount of uncollectible accounts recovered
        through rates.
        (5) A detailed description of the means by which the
    Commission is implementing its new statutory
    responsibilities under this Act, and the status of such
    implementation, including specifically:
            (a) Commission reorganization resulting from the
        addition of an Executive Director and administrative
        law judge qualifications and review;
            (b) Commission responsibilities for construction
        and rate supervision, including construction cost
        audits, management audits, excess capacity
        adjustments, phase-ins of new plant and the means and
        capability for monitoring and reevaluating existing or
        future construction projects;
            (c) promulgation and application of rules
        concerning ex parte communications, circulation of
        recommended orders and transcription of closed
        meetings.
        (6) A description of all appeals taken from Commission
    orders, findings or decisions and the status and outcome of
    such appeals.
        (7) A description of the status of all studies and
    investigations required by this Act, including those
    ordered pursuant to Sections 9-244 and 13-301 and all such
    subsequently ordered studies or investigations.
        (8) A discussion of new or potential developments in
    federal legislation, and federal agency and judicial
    decisions relevant to State regulation of utility
    services.
        (9) All recommendations for appropriate legislative
    action by the General Assembly.
    The Commission may include such other information as it
deems to be necessary or beneficial in describing or explaining
its activities or regulatory responsibilities. The report
required by this Section shall be adopted by a vote of the full
Commission prior to filing.
(Source: P.A. 99-107, eff. 7-22-15; 100-840, eff. 8-13-18;
revised 10-19-18.)
 
    (220 ILCS 5/7-204)  (from Ch. 111 2/3, par. 7-204)
    Sec. 7-204. Reorganization defined; Commission approval
therefore.
    (a) For purposes of this Section, "reorganization" means
any transaction which, regardless of the means by which it is
accomplished, results in a change in the ownership of a
majority of the voting capital stock of an Illinois public
utility; or the ownership or control of any entity which owns
or controls a majority of the voting capital stock of a public
utility; or by which 2 public utilities merge, or by which a
public utility acquires substantially all of the assets of
another public utility; provided, however, that
"reorganization" as used in this Section shall not include a
mortgage or pledge transaction entered into to secure a bona
fide borrowing by the party granting the mortgage or making the
pledge.
    In addition to the foregoing, "reorganization" shall
include for purposes of this Section any transaction which,
regardless of the means by which it is accomplished, will have
the effect of terminating the affiliated interest status of any
entity as defined in paragraph paragraphs (a), (b), (c) or (d)
of subsection (2) of Section 7-101 of this Act where such
entity had transactions with the public utility, in the 12
calendar months immediately preceding the date of termination
of such affiliated interest status subject to subsection (3) of
Section 7-101 of this Act with a value greater than 15% of the
public utility's revenues for that same 12-month period. If the
proposed transaction would have the effect of terminating the
affiliated interest status of more than one Illinois public
utility, the utility with the greatest revenues for the
12-month period shall be used to determine whether such
proposed transaction is a reorganization for the purposes of
this Section. The Commission shall have jurisdiction over any
reorganization as defined herein.
    (b) No reorganization shall take place without prior
Commission approval. The Commission shall not approve any
proposed reorganization if the Commission finds, after notice
and hearing, that the reorganization will adversely affect the
utility's ability to perform its duties under this Act. The
Commission shall not approve any proposed reorganization
unless the Commission finds, after notice and hearing, that:
        (1) the proposed reorganization will not diminish the
    utility's ability to provide adequate, reliable,
    efficient, safe and least-cost public utility service;
        (2) the proposed reorganization will not result in the
    unjustified subsidization of non-utility activities by the
    utility or its customers;
        (3) costs and facilities are fairly and reasonably
    allocated between utility and non-utility activities in
    such a manner that the Commission may identify those costs
    and facilities which are properly included by the utility
    for ratemaking purposes;
        (4) the proposed reorganization will not significantly
    impair the utility's ability to raise necessary capital on
    reasonable terms or to maintain a reasonable capital
    structure;
        (5) the utility will remain subject to all applicable
    laws, regulations, rules, decisions and policies governing
    the regulation of Illinois public utilities;
        (6) the proposed reorganization is not likely to have a
    significant adverse effect on competition in those markets
    over which the Commission has jurisdiction;
        (7) the proposed reorganization is not likely to result
    in any adverse rate impacts on retail customers.
    (c) The Commission shall not approve a reorganization
without ruling on: (i) the allocation of any savings resulting
from the proposed reorganization; and (ii) whether the
companies should be allowed to recover any costs incurred in
accomplishing the proposed reorganization and, if so, the
amount of costs eligible for recovery and how the costs will be
allocated.
    (d) The Commission shall issue its Order approving or
denying the proposed reorganization within 11 months after the
application is filed. The Commission may extend the deadline
for a period equivalent to the length of any delay which the
Commission finds to have been caused by the Applicant's failure
to provide data or information requested by the Commission or
that the Commission ordered the Applicant to provide to the
parties. The Commission may also extend the deadline by an
additional period not to exceed 3 months to consider amendments
to the Applicant's filing, or to consider reasonably
unforeseeable changes in circumstances subsequent to the
Applicant's initial filing.
    (e) Subsections (c) and (d) and subparagraphs (6) and (7)
of subsection (b) of this Section shall apply only to merger
applications submitted to the Commission subsequent to April
23, 1997. No other Commission approvals shall be required for
mergers that are subject to this Section.
    (f) In approving any proposed reorganization pursuant to
this Section the Commission may impose such terms, conditions
or requirements as, in its judgment, are necessary to protect
the interests of the public utility and its customers.
(Source: P.A. 100-840, eff. 8-13-18; revised 10-19-18.)
 
    (220 ILCS 5/8-103B)
    Sec. 8-103B. Energy efficiency and demand-response
measures.
    (a) It is the policy of the State that electric utilities
are required to use cost-effective energy efficiency and
demand-response measures to reduce delivery load. Requiring
investment in cost-effective energy efficiency and
demand-response measures will reduce direct and indirect costs
to consumers by decreasing environmental impacts and by
avoiding or delaying the need for new generation, transmission,
and distribution infrastructure. It serves the public interest
to allow electric utilities to recover costs for reasonably and
prudently incurred expenditures for energy efficiency and
demand-response measures. As used in this Section,
"cost-effective" means that the measures satisfy the total
resource cost test. The low-income measures described in
subsection (c) of this Section shall not be required to meet
the total resource cost test. For purposes of this Section, the
terms "energy-efficiency", "demand-response", "electric
utility", and "total resource cost test" have the meanings set
forth in the Illinois Power Agency Act.
    (a-5) This Section applies to electric utilities serving
more than 500,000 retail customers in the State for those
multi-year plans commencing after December 31, 2017.
    (b) For purposes of this Section, electric utilities
subject to this Section that serve more than 3,000,000 retail
customers in the State shall be deemed to have achieved a
cumulative persisting annual savings of 6.6% from energy
efficiency measures and programs implemented during the period
beginning January 1, 2012 and ending December 31, 2017, which
percent is based on the deemed average weather normalized sales
of electric power and energy during calendar years 2014, 2015,
and 2016 of 88,000,000 MWhs. For the purposes of this
subsection (b) and subsection (b-5), the 88,000,000 MWhs of
deemed electric power and energy sales shall be reduced by the
number of MWhs equal to the sum of the annual consumption of
customers that are exempt from subsections (a) through (j) of
this Section under subsection (l) of this Section, as averaged
across the calendar years 2014, 2015, and 2016. After 2017, the
deemed value of cumulative persisting annual savings from
energy efficiency measures and programs implemented during the
period beginning January 1, 2012 and ending December 31, 2017,
shall be reduced each year, as follows, and the applicable
value shall be applied to and count toward the utility's
achievement of the cumulative persisting annual savings goals
set forth in subsection (b-5):
        (1) 5.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2018;
        (2) 5.2% deemed cumulative persisting annual savings
    for the year ending December 31, 2019;
        (3) 4.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2020;
        (4) 4.0% deemed cumulative persisting annual savings
    for the year ending December 31, 2021;
        (5) 3.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2022;
        (6) 3.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2023;
        (7) 2.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2024;
        (8) 2.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2025;
        (9) 2.3% deemed cumulative persisting annual savings
    for the year ending December 31, 2026;
        (10) 2.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2027;
        (11) 1.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2028;
        (12) 1.7% deemed cumulative persisting annual savings
    for the year ending December 31, 2029; and
        (13) 1.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2030.
    For purposes of this Section, "cumulative persisting
annual savings" means the total electric energy savings in a
given year from measures installed in that year or in previous
years, but no earlier than January 1, 2012, that are still
operational and providing savings in that year because the
measures have not yet reached the end of their useful lives.
    (b-5) Beginning in 2018, electric utilities subject to this
Section that serve more than 3,000,000 retail customers in the
State shall achieve the following cumulative persisting annual
savings goals, as modified by subsection (f) of this Section
and as compared to the deemed baseline of 88,000,000 MWhs of
electric power and energy sales set forth in subsection (b), as
reduced by the number of MWhs equal to the sum of the annual
consumption of customers that are exempt from subsections (a)
through (j) of this Section under subsection (l) of this
Section as averaged across the calendar years 2014, 2015, and
2016, through the implementation of energy efficiency measures
during the applicable year and in prior years, but no earlier
than January 1, 2012:
        (1) 7.8% cumulative persisting annual savings for the
    year ending December 31, 2018;
        (2) 9.1% cumulative persisting annual savings for the
    year ending December 31, 2019;
        (3) 10.4% cumulative persisting annual savings for the
    year ending December 31, 2020;
        (4) 11.8% cumulative persisting annual savings for the
    year ending December 31, 2021;
        (5) 13.1% cumulative persisting annual savings for the
    year ending December 31, 2022;
        (6) 14.4% cumulative persisting annual savings for the
    year ending December 31, 2023;
        (7) 15.7% cumulative persisting annual savings for the
    year ending December 31, 2024;
        (8) 17% cumulative persisting annual savings for the
    year ending December 31, 2025;
        (9) 17.9% cumulative persisting annual savings for the
    year ending December 31, 2026;
        (10) 18.8% cumulative persisting annual savings for
    the year ending December 31, 2027;
        (11) 19.7% cumulative persisting annual savings for
    the year ending December 31, 2028;
        (12) 20.6% cumulative persisting annual savings for
    the year ending December 31, 2029; and
        (13) 21.5% cumulative persisting annual savings for
    the year ending December 31, 2030.
    (b-10) For purposes of this Section, electric utilities
subject to this Section that serve less than 3,000,000 retail
customers but more than 500,000 retail customers in the State
shall be deemed to have achieved a cumulative persisting annual
savings of 6.6% from energy efficiency measures and programs
implemented during the period beginning January 1, 2012 and
ending December 31, 2017, which is based on the deemed average
weather normalized sales of electric power and energy during
calendar years 2014, 2015, and 2016 of 36,900,000 MWhs. For the
purposes of this subsection (b-10) and subsection (b-15), the
36,900,000 MWhs of deemed electric power and energy sales shall
be reduced by the number of MWhs equal to the sum of the annual
consumption of customers that are exempt from subsections (a)
through (j) of this Section under subsection (l) of this
Section, as averaged across the calendar years 2014, 2015, and
2016. After 2017, the deemed value of cumulative persisting
annual savings from energy efficiency measures and programs
implemented during the period beginning January 1, 2012 and
ending December 31, 2017, shall be reduced each year, as
follows, and the applicable value shall be applied to and count
toward the utility's achievement of the cumulative persisting
annual savings goals set forth in subsection (b-15):
        (1) 5.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2018;
        (2) 5.2% deemed cumulative persisting annual savings
    for the year ending December 31, 2019;
        (3) 4.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2020;
        (4) 4.0% deemed cumulative persisting annual savings
    for the year ending December 31, 2021;
        (5) 3.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2022;
        (6) 3.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2023;
        (7) 2.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2024;
        (8) 2.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2025;
        (9) 2.3% deemed cumulative persisting annual savings
    for the year ending December 31, 2026;
        (10) 2.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2027;
        (11) 1.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2028;
        (12) 1.7% deemed cumulative persisting annual savings
    for the year ending December 31, 2029; and
        (13) 1.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2030.
    (b-15) Beginning in 2018, electric utilities subject to
this Section that serve less than 3,000,000 retail customers
but more than 500,000 retail customers in the State shall
achieve the following cumulative persisting annual savings
goals, as modified by subsection (b-20) and subsection (f) of
this Section and as compared to the deemed baseline as reduced
by the number of MWhs equal to the sum of the annual
consumption of customers that are exempt from subsections (a)
through (j) of this Section under subsection (l) of this
Section as averaged across the calendar years 2014, 2015, and
2016, through the implementation of energy efficiency measures
during the applicable year and in prior years, but no earlier
than January 1, 2012:
        (1) 7.4% cumulative persisting annual savings for the
    year ending December 31, 2018;
        (2) 8.2% cumulative persisting annual savings for the
    year ending December 31, 2019;
        (3) 9.0% cumulative persisting annual savings for the
    year ending December 31, 2020;
        (4) 9.8% cumulative persisting annual savings for the
    year ending December 31, 2021;
        (5) 10.6% cumulative persisting annual savings for the
    year ending December 31, 2022;
        (6) 11.4% cumulative persisting annual savings for the
    year ending December 31, 2023;
        (7) 12.2% cumulative persisting annual savings for the
    year ending December 31, 2024;
        (8) 13% cumulative persisting annual savings for the
    year ending December 31, 2025;
        (9) 13.6% cumulative persisting annual savings for the
    year ending December 31, 2026;
        (10) 14.2% cumulative persisting annual savings for
    the year ending December 31, 2027;
        (11) 14.8% cumulative persisting annual savings for
    the year ending December 31, 2028;
        (12) 15.4% cumulative persisting annual savings for
    the year ending December 31, 2029; and
        (13) 16% cumulative persisting annual savings for the
    year ending December 31, 2030.
    The difference between the cumulative persisting annual
savings goal for the applicable calendar year and the
cumulative persisting annual savings goal for the immediately
preceding calendar year is 0.8% for the period of January 1,
2018 through December 31, 2025 and 0.6% for the period of
January 1, 2026 through December 31, 2030.
    (b-20) Each electric utility subject to this Section may
include cost-effective voltage optimization measures in its
plans submitted under subsections (f) and (g) of this Section,
and the costs incurred by a utility to implement the measures
under a Commission-approved plan shall be recovered under the
provisions of Article IX or Section 16-108.5 of this Act. For
purposes of this Section, the measure life of voltage
optimization measures shall be 15 years. The measure life
period is independent of the depreciation rate of the voltage
optimization assets deployed.
    Within 270 days after June 1, 2017 (the effective date of
Public Act 99-906) this amendatory Act of the 99th General
Assembly, an electric utility that serves less than 3,000,000
retail customers but more than 500,000 retail customers in the
State shall file a plan with the Commission that identifies the
cost-effective voltage optimization investment the electric
utility plans to undertake through December 31, 2024. The
Commission, after notice and hearing, shall approve or approve
with modification the plan within 120 days after the plan's
filing and, in the order approving or approving with
modification the plan, the Commission shall adjust the
applicable cumulative persisting annual savings goals set
forth in subsection (b-15) to reflect any amount of
cost-effective energy savings approved by the Commission that
is greater than or less than the following cumulative
persisting annual savings values attributable to voltage
optimization for the applicable year:
        (1) 0.0% of cumulative persisting annual savings for
    the year ending December 31, 2018;
        (2) 0.17% of cumulative persisting annual savings for
    the year ending December 31, 2019;
        (3) 0.17% of cumulative persisting annual savings for
    the year ending December 31, 2020;
        (4) 0.33% of cumulative persisting annual savings for
    the year ending December 31, 2021;
        (5) 0.5% of cumulative persisting annual savings for
    the year ending December 31, 2022;
        (6) 0.67% of cumulative persisting annual savings for
    the year ending December 31, 2023;
        (7) 0.83% of cumulative persisting annual savings for
    the year ending December 31, 2024; and
        (8) 1.0% of cumulative persisting annual savings for
    the year ending December 31, 2025.
    (b-25) In the event an electric utility jointly offers an
energy efficiency measure or program with a gas utility under
plans approved under this Section and Section 8-104 of this
Act, the electric utility may continue offering the program,
including the gas energy efficiency measures, in the event the
gas utility discontinues funding the program. In that event,
the energy savings value associated with such other fuels shall
be converted to electric energy savings on an equivalent Btu
basis for the premises. However, the electric utility shall
prioritize programs for low-income residential customers to
the extent practicable. An electric utility may recover the
costs of offering the gas energy efficiency measures under this
subsection (b-25).
    For those energy efficiency measures or programs that save
both electricity and other fuels but are not jointly offered
with a gas utility under plans approved under this Section and
Section 8-104 or not offered with an affiliated gas utility
under paragraph (6) of subsection (f) of Section 8-104 of this
Act, the electric utility may count savings of fuels other than
electricity toward the achievement of its annual savings goal,
and the energy savings value associated with such other fuels
shall be converted to electric energy savings on an equivalent
Btu basis at the premises.
    In no event shall more than 10% of each year's applicable
annual incremental goal as defined in paragraph (7) of
subsection (g) of this Section be met through savings of fuels
other than electricity.
    (c) Electric utilities shall be responsible for overseeing
the design, development, and filing of energy efficiency plans
with the Commission and may, as part of that implementation,
outsource various aspects of program development and
implementation. A minimum of 10%, for electric utilities that
serve more than 3,000,000 retail customers in the State, and a
minimum of 7%, for electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State, of the utility's entire portfolio
funding level for a given year shall be used to procure
cost-effective energy efficiency measures from units of local
government, municipal corporations, school districts, public
housing, and community college districts, provided that a
minimum percentage of available funds shall be used to procure
energy efficiency from public housing, which percentage shall
be equal to public housing's share of public building energy
consumption.
    The utilities shall also implement energy efficiency
measures targeted at low-income households, which, for
purposes of this Section, shall be defined as households at or
below 80% of area median income, and expenditures to implement
the measures shall be no less than $25,000,000 per year for
electric utilities that serve more than 3,000,000 retail
customers in the State and no less than $8,350,000 per year for
electric utilities that serve less than 3,000,000 retail
customers but more than 500,000 retail customers in the State.
    Each electric utility shall assess opportunities to
implement cost-effective energy efficiency measures and
programs through a public housing authority or authorities
located in its service territory. If such opportunities are
identified, the utility shall propose such measures and
programs to address the opportunities. Expenditures to address
such opportunities shall be credited toward the minimum
procurement and expenditure requirements set forth in this
subsection (c).
    Implementation of energy efficiency measures and programs
targeted at low-income households should be contracted, when it
is practicable, to independent third parties that have
demonstrated capabilities to serve such households, with a
preference for not-for-profit entities and government agencies
that have existing relationships with or experience serving
low-income communities in the State.
    Each electric utility shall develop and implement
reporting procedures that address and assist in determining the
amount of energy savings that can be applied to the low-income
procurement and expenditure requirements set forth in this
subsection (c).
    The electric utilities shall also convene a low-income
energy efficiency advisory committee to assist in the design
and evaluation of the low-income energy efficiency programs.
The committee shall be comprised of the electric utilities
subject to the requirements of this Section, the gas utilities
subject to the requirements of Section 8-104 of this Act, the
utilities' low-income energy efficiency implementation
contractors, and representatives of community-based
organizations.
    (d) Notwithstanding any other provision of law to the
contrary, a utility providing approved energy efficiency
measures and, if applicable, demand-response measures in the
State shall be permitted to recover all reasonable and
prudently incurred costs of those measures from all retail
customers, except as provided in subsection (l) of this
Section, as follows, provided that nothing in this subsection
(d) permits the double recovery of such costs from customers:
        (1) The utility may recover its costs through an
    automatic adjustment clause tariff filed with and approved
    by the Commission. The tariff shall be established outside
    the context of a general rate case. Each year the
    Commission shall initiate a review to reconcile any amounts
    collected with the actual costs and to determine the
    required adjustment to the annual tariff factor to match
    annual expenditures. To enable the financing of the
    incremental capital expenditures, including regulatory
    assets, for electric utilities that serve less than
    3,000,000 retail customers but more than 500,000 retail
    customers in the State, the utility's actual year-end
    capital structure that includes a common equity ratio,
    excluding goodwill, of up to and including 50% of the total
    capital structure shall be deemed reasonable and used to
    set rates.
        (2) A utility may recover its costs through an energy
    efficiency formula rate approved by the Commission under a
    filing under subsections (f) and (g) of this Section, which
    shall specify the cost components that form the basis of
    the rate charged to customers with sufficient specificity
    to operate in a standardized manner and be updated annually
    with transparent information that reflects the utility's
    actual costs to be recovered during the applicable rate
    year, which is the period beginning with the first billing
    day of January and extending through the last billing day
    of the following December. The energy efficiency formula
    rate shall be implemented through a tariff filed with the
    Commission under subsections (f) and (g) of this Section
    that is consistent with the provisions of this paragraph
    (2) and that shall be applicable to all delivery services
    customers. The Commission shall conduct an investigation
    of the tariff in a manner consistent with the provisions of
    this paragraph (2), subsections (f) and (g) of this
    Section, and the provisions of Article IX of this Act to
    the extent they do not conflict with this paragraph (2).
    The energy efficiency formula rate approved by the
    Commission shall remain in effect at the discretion of the
    utility and shall do the following:
            (A) Provide for the recovery of the utility's
        actual costs incurred under this Section that are
        prudently incurred and reasonable in amount consistent
        with Commission practice and law. The sole fact that a
        cost differs from that incurred in a prior calendar
        year or that an investment is different from that made
        in a prior calendar year shall not imply the imprudence
        or unreasonableness of that cost or investment.
            (B) Reflect the utility's actual year-end capital
        structure for the applicable calendar year, excluding
        goodwill, subject to a determination of prudence and
        reasonableness consistent with Commission practice and
        law. To enable the financing of the incremental capital
        expenditures, including regulatory assets, for
        electric utilities that serve less than 3,000,000
        retail customers but more than 500,000 retail
        customers in the State, a participating electric
        utility's actual year-end capital structure that
        includes a common equity ratio, excluding goodwill, of
        up to and including 50% of the total capital structure
        shall be deemed reasonable and used to set rates.
            (C) Include a cost of equity, which shall be
        calculated as the sum of the following:
                (i) the average for the applicable calendar
            year of the monthly average yields of 30-year U.S.
            Treasury bonds published by the Board of Governors
            of the Federal Reserve System in its weekly H.15
            Statistical Release or successor publication; and
                (ii) 580 basis points.
            At such time as the Board of Governors of the
        Federal Reserve System ceases to include the monthly
        average yields of 30-year U.S. Treasury bonds in its
        weekly H.15 Statistical Release or successor
        publication, the monthly average yields of the U.S.
        Treasury bonds then having the longest duration
        published by the Board of Governors in its weekly H.15
        Statistical Release or successor publication shall
        instead be used for purposes of this paragraph (2).
            (D) Permit and set forth protocols, subject to a
        determination of prudence and reasonableness
        consistent with Commission practice and law, for the
        following:
                (i) recovery of incentive compensation expense
            that is based on the achievement of operational
            metrics, including metrics related to budget
            controls, outage duration and frequency, safety,
            customer service, efficiency and productivity, and
            environmental compliance; however, this protocol
            shall not apply if such expense related to costs
            incurred under this Section is recovered under
            Article IX or Section 16-108.5 of this Act;
            incentive compensation expense that is based on
            net income or an affiliate's earnings per share
            shall not be recoverable under the energy
            efficiency formula rate;
                (ii) recovery of pension and other
            post-employment benefits expense, provided that
            such costs are supported by an actuarial study;
            however, this protocol shall not apply if such
            expense related to costs incurred under this
            Section is recovered under Article IX or Section
            16-108.5 of this Act;
                (iii) recovery of existing regulatory assets
            over the periods previously authorized by the
            Commission;
                (iv) as described in subsection (e),
            amortization of costs incurred under this Section;
            and
                (v) projected, weather normalized billing
            determinants for the applicable rate year.
            (E) Provide for an annual reconciliation, as
        described in paragraph (3) of this subsection (d), less
        any deferred taxes related to the reconciliation, with
        interest at an annual rate of return equal to the
        utility's weighted average cost of capital, including
        a revenue conversion factor calculated to recover or
        refund all additional income taxes that may be payable
        or receivable as a result of that return, of the energy
        efficiency revenue requirement reflected in rates for
        each calendar year, beginning with the calendar year in
        which the utility files its energy efficiency formula
        rate tariff under this paragraph (2), with what the
        revenue requirement would have been had the actual cost
        information for the applicable calendar year been
        available at the filing date.
        The utility shall file, together with its tariff, the
    projected costs to be incurred by the utility during the
    rate year under the utility's multi-year plan approved
    under subsections (f) and (g) of this Section, including,
    but not limited to, the projected capital investment costs
    and projected regulatory asset balances with
    correspondingly updated depreciation and amortization
    reserves and expense, that shall populate the energy
    efficiency formula rate and set the initial rates under the
    formula.
        The Commission shall review the proposed tariff in
    conjunction with its review of a proposed multi-year plan,
    as specified in paragraph (5) of subsection (g) of this
    Section. The review shall be based on the same evidentiary
    standards, including, but not limited to, those concerning
    the prudence and reasonableness of the costs incurred by
    the utility, the Commission applies in a hearing to review
    a filing for a general increase in rates under Article IX
    of this Act. The initial rates shall take effect beginning
    with the January monthly billing period following the
    Commission's approval.
        The tariff's rate design and cost allocation across
    customer classes shall be consistent with the utility's
    automatic adjustment clause tariff in effect on June 1,
    2017 (the effective date of Public Act 99-906) this
    amendatory Act of the 99th General Assembly; however, the
    Commission may revise the tariff's rate design and cost
    allocation in subsequent proceedings under paragraph (3)
    of this subsection (d).
        If the energy efficiency formula rate is terminated,
    the then current rates shall remain in effect until such
    time as the energy efficiency costs are incorporated into
    new rates that are set under this subsection (d) or Article
    IX of this Act, subject to retroactive rate adjustment,
    with interest, to reconcile rates charged with actual
    costs.
        (3) The provisions of this paragraph (3) shall only
    apply to an electric utility that has elected to file an
    energy efficiency formula rate under paragraph (2) of this
    subsection (d). Subsequent to the Commission's issuance of
    an order approving the utility's energy efficiency formula
    rate structure and protocols, and initial rates under
    paragraph (2) of this subsection (d), the utility shall
    file, on or before June 1 of each year, with the Chief
    Clerk of the Commission its updated cost inputs to the
    energy efficiency formula rate for the applicable rate year
    and the corresponding new charges, as well as the
    information described in paragraph (9) of subsection (g) of
    this Section. Each such filing shall conform to the
    following requirements and include the following
    information:
            (A) The inputs to the energy efficiency formula
        rate for the applicable rate year shall be based on the
        projected costs to be incurred by the utility during
        the rate year under the utility's multi-year plan
        approved under subsections (f) and (g) of this Section,
        including, but not limited to, projected capital
        investment costs and projected regulatory asset
        balances with correspondingly updated depreciation and
        amortization reserves and expense. The filing shall
        also include a reconciliation of the energy efficiency
        revenue requirement that was in effect for the prior
        rate year (as set by the cost inputs for the prior rate
        year) with the actual revenue requirement for the prior
        rate year (determined using a year-end rate base) that
        uses amounts reflected in the applicable FERC Form 1
        that reports the actual costs for the prior rate year.
        Any over-collection or under-collection indicated by
        such reconciliation shall be reflected as a credit
        against, or recovered as an additional charge to,
        respectively, with interest calculated at a rate equal
        to the utility's weighted average cost of capital
        approved by the Commission for the prior rate year, the
        charges for the applicable rate year. Such
        over-collection or under-collection shall be adjusted
        to remove any deferred taxes related to the
        reconciliation, for purposes of calculating interest
        at an annual rate of return equal to the utility's
        weighted average cost of capital approved by the
        Commission for the prior rate year, including a revenue
        conversion factor calculated to recover or refund all
        additional income taxes that may be payable or
        receivable as a result of that return. Each
        reconciliation shall be certified by the participating
        utility in the same manner that FERC Form 1 is
        certified. The filing shall also include the charge or
        credit, if any, resulting from the calculation
        required by subparagraph (E) of paragraph (2) of this
        subsection (d).
            Notwithstanding any other provision of law to the
        contrary, the intent of the reconciliation is to
        ultimately reconcile both the revenue requirement
        reflected in rates for each calendar year, beginning
        with the calendar year in which the utility files its
        energy efficiency formula rate tariff under paragraph
        (2) of this subsection (d), with what the revenue
        requirement determined using a year-end rate base for
        the applicable calendar year would have been had the
        actual cost information for the applicable calendar
        year been available at the filing date.
            For purposes of this Section, "FERC Form 1" means
        the Annual Report of Major Electric Utilities,
        Licensees and Others that electric utilities are
        required to file with the Federal Energy Regulatory
        Commission under the Federal Power Act, Sections 3,
        4(a), 304 and 209, modified as necessary to be
        consistent with 83 Ill. Admin. Code Part 415 as of May
        1, 2011. Nothing in this Section is intended to allow
        costs that are not otherwise recoverable to be
        recoverable by virtue of inclusion in FERC Form 1.
            (B) The new charges shall take effect beginning on
        the first billing day of the following January billing
        period and remain in effect through the last billing
        day of the next December billing period regardless of
        whether the Commission enters upon a hearing under this
        paragraph (3).
            (C) The filing shall include relevant and
        necessary data and documentation for the applicable
        rate year. Normalization adjustments shall not be
        required.
        Within 45 days after the utility files its annual
    update of cost inputs to the energy efficiency formula
    rate, the Commission shall with reasonable notice,
    initiate a proceeding concerning whether the projected
    costs to be incurred by the utility and recovered during
    the applicable rate year, and that are reflected in the
    inputs to the energy efficiency formula rate, are
    consistent with the utility's approved multi-year plan
    under subsections (f) and (g) of this Section and whether
    the costs incurred by the utility during the prior rate
    year were prudent and reasonable. The Commission shall also
    have the authority to investigate the information and data
    described in paragraph (9) of subsection (g) of this
    Section, including the proposed adjustment to the
    utility's return on equity component of its weighted
    average cost of capital. During the course of the
    proceeding, each objection shall be stated with
    particularity and evidence provided in support thereof,
    after which the utility shall have the opportunity to rebut
    the evidence. Discovery shall be allowed consistent with
    the Commission's Rules of Practice, which Rules of Practice
    shall be enforced by the Commission or the assigned
    administrative law judge. The Commission shall apply the
    same evidentiary standards, including, but not limited to,
    those concerning the prudence and reasonableness of the
    costs incurred by the utility, during the proceeding as it
    would apply in a proceeding to review a filing for a
    general increase in rates under Article IX of this Act. The
    Commission shall not, however, have the authority in a
    proceeding under this paragraph (3) to consider or order
    any changes to the structure or protocols of the energy
    efficiency formula rate approved under paragraph (2) of
    this subsection (d). In a proceeding under this paragraph
    (3), the Commission shall enter its order no later than the
    earlier of 195 days after the utility's filing of its
    annual update of cost inputs to the energy efficiency
    formula rate or December 15. The utility's proposed return
    on equity calculation, as described in paragraphs (7)
    through (9) of subsection (g) of this Section, shall be
    deemed the final, approved calculation on December 15 of
    the year in which it is filed unless the Commission enters
    an order on or before December 15, after notice and
    hearing, that modifies such calculation consistent with
    this Section. The Commission's determinations of the
    prudence and reasonableness of the costs incurred, and
    determination of such return on equity calculation, for the
    applicable calendar year shall be final upon entry of the
    Commission's order and shall not be subject to reopening,
    reexamination, or collateral attack in any other
    Commission proceeding, case, docket, order, rule, or
    regulation; however, nothing in this paragraph (3) shall
    prohibit a party from petitioning the Commission to rehear
    or appeal to the courts the order under the provisions of
    this Act.
    (e) Beginning on June 1, 2017 (the effective date of Public
Act 99-906) this amendatory Act of the 99th General Assembly, a
utility subject to the requirements of this Section may elect
to defer, as a regulatory asset, up to the full amount of its
expenditures incurred under this Section for each annual
period, including, but not limited to, any expenditures
incurred above the funding level set by subsection (f) of this
Section for a given year. The total expenditures deferred as a
regulatory asset in a given year shall be amortized and
recovered over a period that is equal to the weighted average
of the energy efficiency measure lives implemented for that
year that are reflected in the regulatory asset. The
unamortized balance shall be recognized as of December 31 for a
given year. The utility shall also earn a return on the total
of the unamortized balances of all of the energy efficiency
regulatory assets, less any deferred taxes related to those
unamortized balances, at an annual rate equal to the utility's
weighted average cost of capital that includes, based on a
year-end capital structure, the utility's actual cost of debt
for the applicable calendar year and a cost of equity, which
shall be calculated as the sum of the (i) the average for the
applicable calendar year of the monthly average yields of
30-year U.S. Treasury bonds published by the Board of Governors
of the Federal Reserve System in its weekly H.15 Statistical
Release or successor publication; and (ii) 580 basis points,
including a revenue conversion factor calculated to recover or
refund all additional income taxes that may be payable or
receivable as a result of that return. Capital investment costs
shall be depreciated and recovered over their useful lives
consistent with generally accepted accounting principles. The
weighted average cost of capital shall be applied to the
capital investment cost balance, less any accumulated
depreciation and accumulated deferred income taxes, as of
December 31 for a given year.
    When an electric utility creates a regulatory asset under
the provisions of this Section, the costs are recovered over a
period during which customers also receive a benefit which is
in the public interest. Accordingly, it is the intent of the
General Assembly that an electric utility that elects to create
a regulatory asset under the provisions of this Section shall
recover all of the associated costs as set forth in this
Section. After the Commission has approved the prudence and
reasonableness of the costs that comprise the regulatory asset,
the electric utility shall be permitted to recover all such
costs, and the value and recoverability through rates of the
associated regulatory asset shall not be limited, altered,
impaired, or reduced.
    (f) Beginning in 2017, each electric utility shall file an
energy efficiency plan with the Commission to meet the energy
efficiency standards for the next applicable multi-year period
beginning January 1 of the year following the filing, according
to the schedule set forth in paragraphs (1) through (3) of this
subsection (f). If a utility does not file such a plan on or
before the applicable filing deadline for the plan, it shall
face a penalty of $100,000 per day until the plan is filed.
        (1) No later than 30 days after June 1, 2017 (the
    effective date of Public Act 99-906) this amendatory Act of
    the 99th General Assembly or May 1, 2017, whichever is
    later, each electric utility shall file a 4-year energy
    efficiency plan commencing on January 1, 2018 that is
    designed to achieve the cumulative persisting annual
    savings goals specified in paragraphs (1) through (4) of
    subsection (b-5) of this Section or in paragraphs (1)
    through (4) of subsection (b-15) of this Section, as
    applicable, through implementation of energy efficiency
    measures; however, the goals may be reduced if the
    utility's expenditures are limited pursuant to subsection
    (m) of this Section or, for a utility that serves less than
    3,000,000 retail customers, if each of the following
    conditions are met: (A) the plan's analysis and forecasts
    of the utility's ability to acquire energy savings
    demonstrate that achievement of such goals is not cost
    effective; and (B) the amount of energy savings achieved by
    the utility as determined by the independent evaluator for
    the most recent year for which savings have been evaluated
    preceding the plan filing was less than the average annual
    amount of savings required to achieve the goals for the
    applicable 4-year plan period. Except as provided in
    subsection (m) of this Section, annual increases in
    cumulative persisting annual savings goals during the
    applicable 4-year plan period shall not be reduced to
    amounts that are less than the maximum amount of cumulative
    persisting annual savings that is forecast to be
    cost-effectively achievable during the 4-year plan period.
    The Commission shall review any proposed goal reduction as
    part of its review and approval of the utility's proposed
    plan.
        (2) No later than March 1, 2021, each electric utility
    shall file a 4-year energy efficiency plan commencing on
    January 1, 2022 that is designed to achieve the cumulative
    persisting annual savings goals specified in paragraphs
    (5) through (8) of subsection (b-5) of this Section or in
    paragraphs (5) through (8) of subsection (b-15) of this
    Section, as applicable, through implementation of energy
    efficiency measures; however, the goals may be reduced if
    the utility's expenditures are limited pursuant to
    subsection (m) of this Section or, each of the following
    conditions are met: (A) the plan's analysis and forecasts
    of the utility's ability to acquire energy savings
    demonstrate that achievement of such goals is not cost
    effective; and (B) the amount of energy savings achieved by
    the utility as determined by the independent evaluator for
    the most recent year for which savings have been evaluated
    preceding the plan filing was less than the average annual
    amount of savings required to achieve the goals for the
    applicable 4-year plan period. Except as provided in
    subsection (m) of this Section, annual increases in
    cumulative persisting annual savings goals during the
    applicable 4-year plan period shall not be reduced to
    amounts that are less than the maximum amount of cumulative
    persisting annual savings that is forecast to be
    cost-effectively achievable during the 4-year plan period.
    The Commission shall review any proposed goal reduction as
    part of its review and approval of the utility's proposed
    plan.
        (3) No later than March 1, 2025, each electric utility
    shall file a 5-year energy efficiency plan commencing on
    January 1, 2026 that is designed to achieve the cumulative
    persisting annual savings goals specified in paragraphs
    (9) through (13) of subsection (b-5) of this Section or in
    paragraphs (9) through (13) of subsection (b-15) of this
    Section, as applicable, through implementation of energy
    efficiency measures; however, the goals may be reduced if
    the utility's expenditures are limited pursuant to
    subsection (m) of this Section or, each of the following
    conditions are met: (A) the plan's analysis and forecasts
    of the utility's ability to acquire energy savings
    demonstrate that achievement of such goals is not cost
    effective; and (B) the amount of energy savings achieved by
    the utility as determined by the independent evaluator for
    the most recent year for which savings have been evaluated
    preceding the plan filing was less than the average annual
    amount of savings required to achieve the goals for the
    applicable 5-year plan period. Except as provided in
    subsection (m) of this Section, annual increases in
    cumulative persisting annual savings goals during the
    applicable 5-year plan period shall not be reduced to
    amounts that are less than the maximum amount of cumulative
    persisting annual savings that is forecast to be
    cost-effectively achievable during the 5-year plan period.
    The Commission shall review any proposed goal reduction as
    part of its review and approval of the utility's proposed
    plan.
    Each utility's plan shall set forth the utility's proposals
to meet the energy efficiency standards identified in
subsection (b-5) or (b-15), as applicable and as such standards
may have been modified under this subsection (f), taking into
account the unique circumstances of the utility's service
territory. For those plans commencing on January 1, 2018, the
Commission shall seek public comment on the utility's plan and
shall issue an order approving or disapproving each plan no
later than August 31, 2017, or 105 days after June 1, 2017 (the
effective date of Public Act 99-906) this amendatory Act of the
99th General Assembly, whichever is later. For those plans
commencing after December 31, 2021, the Commission shall seek
public comment on the utility's plan and shall issue an order
approving or disapproving each plan within 6 months after its
submission. If the Commission disapproves a plan, the
Commission shall, within 30 days, describe in detail the
reasons for the disapproval and describe a path by which the
utility may file a revised draft of the plan to address the
Commission's concerns satisfactorily. If the utility does not
refile with the Commission within 60 days, the utility shall be
subject to penalties at a rate of $100,000 per day until the
plan is filed. This process shall continue, and penalties shall
accrue, until the utility has successfully filed a portfolio of
energy efficiency and demand-response measures. Penalties
shall be deposited into the Energy Efficiency Trust Fund.
    (g) In submitting proposed plans and funding levels under
subsection (f) of this Section to meet the savings goals
identified in subsection (b-5) or (b-15) of this Section, as
applicable, the utility shall:
        (1) Demonstrate that its proposed energy efficiency
    measures will achieve the applicable requirements that are
    identified in subsection (b-5) or (b-15) of this Section,
    as modified by subsection (f) of this Section.
        (2) Present specific proposals to implement new
    building and appliance standards that have been placed into
    effect.
        (3) Demonstrate that its overall portfolio of
    measures, not including low-income programs described in
    subsection (c) of this Section, is cost-effective using the
    total resource cost test or complies with paragraphs (1)
    through (3) of subsection (f) of this Section and
    represents a diverse cross-section of opportunities for
    customers of all rate classes, other than those customers
    described in subsection (l) of this Section, to participate
    in the programs. Individual measures need not be cost
    effective.
        (4) Present a third-party energy efficiency
    implementation program subject to the following
    requirements:
            (A) beginning with the year commencing January 1,
        2019, electric utilities that serve more than
        3,000,000 retail customers in the State shall fund
        third-party energy efficiency programs in an amount
        that is no less than $25,000,000 per year, and electric
        utilities that serve less than 3,000,000 retail
        customers but more than 500,000 retail customers in the
        State shall fund third-party energy efficiency
        programs in an amount that is no less than $8,350,000
        per year;
            (B) during 2018, the utility shall conduct a
        solicitation process for purposes of requesting
        proposals from third-party vendors for those
        third-party energy efficiency programs to be offered
        during one or more of the years commencing January 1,
        2019, January 1, 2020, and January 1, 2021; for those
        multi-year plans commencing on January 1, 2022 and
        January 1, 2026, the utility shall conduct a
        solicitation process during 2021 and 2025,
        respectively, for purposes of requesting proposals
        from third-party vendors for those third-party energy
        efficiency programs to be offered during one or more
        years of the respective multi-year plan period; for
        each solicitation process, the utility shall identify
        the sector, technology, or geographical area for which
        it is seeking requests for proposals;
            (C) the utility shall propose the bidder
        qualifications, performance measurement process, and
        contract structure, which must include a performance
        payment mechanism and general terms and conditions;
        the proposed qualifications, process, and structure
        shall be subject to Commission approval; and
            (D) the utility shall retain an independent third
        party to score the proposals received through the
        solicitation process described in this paragraph (4),
        rank them according to their cost per lifetime
        kilowatt-hours saved, and assemble the portfolio of
        third-party programs.
        The electric utility shall recover all costs
    associated with Commission-approved, third-party
    administered programs regardless of the success of those
    programs.
        (4.5) Implement cost-effective demand-response
    measures to reduce peak demand by 0.1% over the prior year
    for eligible retail customers, as defined in Section
    16-111.5 of this Act, and for customers that elect hourly
    service from the utility pursuant to Section 16-107 of this
    Act, provided those customers have not been declared
    competitive. This requirement continues until December 31,
    2026.
        (5) Include a proposed or revised cost-recovery tariff
    mechanism, as provided for under subsection (d) of this
    Section, to fund the proposed energy efficiency and
    demand-response measures and to ensure the recovery of the
    prudently and reasonably incurred costs of
    Commission-approved programs.
        (6) Provide for an annual independent evaluation of the
    performance of the cost-effectiveness of the utility's
    portfolio of measures, as well as a full review of the
    multi-year plan results of the broader net program impacts
    and, to the extent practical, for adjustment of the
    measures on a going-forward basis as a result of the
    evaluations. The resources dedicated to evaluation shall
    not exceed 3% of portfolio resources in any given year.
        (7) For electric utilities that serve more than
    3,000,000 retail customers in the State:
            (A) Through December 31, 2025, provide for an
        adjustment to the return on equity component of the
        utility's weighted average cost of capital calculated
        under subsection (d) of this Section:
                (i) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is less than the applicable
            annual incremental goal, then the return on equity
            component shall be reduced by a maximum of 200
            basis points in the event that the utility achieved
            no more than 75% of such goal. If the utility
            achieved more than 75% of the applicable annual
            incremental goal but less than 100% of such goal,
            then the return on equity component shall be
            reduced by 8 basis points for each percent by which
            the utility failed to achieve the goal.
                (ii) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is more than the applicable
            annual incremental goal, then the return on equity
            component shall be increased by a maximum of 200
            basis points in the event that the utility achieved
            at least 125% of such goal. If the utility achieved
            more than 100% of the applicable annual
            incremental goal but less than 125% of such goal,
            then the return on equity component shall be
            increased by 8 basis points for each percent by
            which the utility achieved above the goal. If the
            applicable annual incremental goal was reduced
            under paragraphs (1) or (2) of subsection (f) of
            this Section, then the following adjustments shall
            be made to the calculations described in this item
            (ii):
                    (aa) the calculation for determining
                achievement that is at least 125% of the
                applicable annual incremental goal shall use
                the unreduced applicable annual incremental
                goal to set the value; and
                    (bb) the calculation for determining
                achievement that is less than 125% but more
                than 100% of the applicable annual incremental
                goal shall use the reduced applicable annual
                incremental goal to set the value for 100%
                achievement of the goal and shall use the
                unreduced goal to set the value for 125%
                achievement. The 8 basis point value shall also
                be modified, as necessary, so that the 200
                basis points are evenly apportioned among each
                percentage point value between 100% and 125%
                achievement.
            (B) For the period January 1, 2026 through December
        31, 2030, provide for an adjustment to the return on
        equity component of the utility's weighted average
        cost of capital calculated under subsection (d) of this
        Section:
                (i) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is less than the applicable
            annual incremental goal, then the return on equity
            component shall be reduced by a maximum of 200
            basis points in the event that the utility achieved
            no more than 66% of such goal. If the utility
            achieved more than 66% of the applicable annual
            incremental goal but less than 100% of such goal,
            then the return on equity component shall be
            reduced by 6 basis points for each percent by which
            the utility failed to achieve the goal.
                (ii) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is more than the applicable
            annual incremental goal, then the return on equity
            component shall be increased by a maximum of 200
            basis points in the event that the utility achieved
            at least 134% of such goal. If the utility achieved
            more than 100% of the applicable annual
            incremental goal but less than 134% of such goal,
            then the return on equity component shall be
            increased by 6 basis points for each percent by
            which the utility achieved above the goal. If the
            applicable annual incremental goal was reduced
            under paragraph (3) of subsection (f) of this
            Section, then the following adjustments shall be
            made to the calculations described in this item
            (ii):
                    (aa) the calculation for determining
                achievement that is at least 134% of the
                applicable annual incremental goal shall use
                the unreduced applicable annual incremental
                goal to set the value; and
                    (bb) the calculation for determining
                achievement that is less than 134% but more
                than 100% of the applicable annual incremental
                goal shall use the reduced applicable annual
                incremental goal to set the value for 100%
                achievement of the goal and shall use the
                unreduced goal to set the value for 134%
                achievement. The 6 basis point value shall also
                be modified, as necessary, so that the 200
                basis points are evenly apportioned among each
                percentage point value between 100% and 134%
                achievement.
        (7.5) For purposes of this Section, the term
    "applicable annual incremental goal" means the difference
    between the cumulative persisting annual savings goal for
    the calendar year that is the subject of the independent
    evaluator's determination and the cumulative persisting
    annual savings goal for the immediately preceding calendar
    year, as such goals are defined in subsections (b-5) and
    (b-15) of this Section and as these goals may have been
    modified as provided for under subsection (b-20) and
    paragraphs (1) through (3) of subsection (f) of this
    Section. Under subsections (b), (b-5), (b-10), and (b-15)
    of this Section, a utility must first replace energy
    savings from measures that have reached the end of their
    measure lives and would otherwise have to be replaced to
    meet the applicable savings goals identified in subsection
    (b-5) or (b-15) of this Section before any progress towards
    achievement of its applicable annual incremental goal may
    be counted. Notwithstanding anything else set forth in this
    Section, the difference between the actual annual
    incremental savings achieved in any given year, including
    the replacement of energy savings from measures that have
    expired, and the applicable annual incremental goal shall
    not affect adjustments to the return on equity for
    subsequent calendar years under this subsection (g).
        (8) For electric utilities that serve less than
    3,000,000 retail customers but more than 500,000 retail
    customers in the State:
            (A) Through December 31, 2025, the applicable
        annual incremental goal shall be compared to the annual
        incremental savings as determined by the independent
        evaluator.
                (i) The return on equity component shall be
            reduced by 8 basis points for each percent by which
            the utility did not achieve 84.4% of the applicable
            annual incremental goal.
                (ii) The return on equity component shall be
            increased by 8 basis points for each percent by
            which the utility exceeded 100% of the applicable
            annual incremental goal.
                (iii) The return on equity component shall not
            be increased or decreased if the annual
            incremental savings as determined by the
            independent evaluator is greater than 84.4% of the
            applicable annual incremental goal and less than
            100% of the applicable annual incremental goal.
                (iv) The return on equity component shall not
            be increased or decreased by an amount greater than
            200 basis points pursuant to this subparagraph
            (A).
            (B) For the period of January 1, 2026 through
        December 31, 2030, the applicable annual incremental
        goal shall be compared to the annual incremental
        savings as determined by the independent evaluator.
                (i) The return on equity component shall be
            reduced by 6 basis points for each percent by which
            the utility did not achieve 100% of the applicable
            annual incremental goal.
                (ii) The return on equity component shall be
            increased by 6 basis points for each percent by
            which the utility exceeded 100% of the applicable
            annual incremental goal.
                (iii) The return on equity component shall not
            be increased or decreased by an amount greater than
            200 basis points pursuant to this subparagraph
            (B).
            (C) If the applicable annual incremental goal was
        reduced under paragraphs (1), (2) or (3) of subsection
        (f) of this Section, then the following adjustments
        shall be made to the calculations described in
        subparagraphs (A) and (B) of this paragraph (8):
                (i) The calculation for determining
            achievement that is at least 125% or 134%, as
            applicable, of the applicable annual incremental
            goal shall use the unreduced applicable annual
            incremental goal to set the value.
                (ii) For the period through December 31, 2025,
            the calculation for determining achievement that
            is less than 125% but more than 100% of the
            applicable annual incremental goal shall use the
            reduced applicable annual incremental goal to set
            the value for 100% achievement of the goal and
            shall use the unreduced goal to set the value for
            125% achievement. The 8 basis point value shall
            also be modified, as necessary, so that the 200
            basis points are evenly apportioned among each
            percentage point value between 100% and 125%
            achievement.
                (iii) For the period of January 1, 2026 through
            December 31, 2030, the calculation for determining
            achievement that is less than 134% but more than
            100% of the applicable annual incremental goal
            shall use the reduced applicable annual
            incremental goal to set the value for 100%
            achievement of the goal and shall use the unreduced
            goal to set the value for 125% achievement. The 6
            basis point value shall also be modified, as
            necessary, so that the 200 basis points are evenly
            apportioned among each percentage point value
            between 100% and 134% achievement.
        (9) The utility shall submit the energy savings data to
    the independent evaluator no later than 30 days after the
    close of the plan year. The independent evaluator shall
    determine the cumulative persisting annual savings for a
    given plan year no later than 120 days after the close of
    the plan year. The utility shall submit an informational
    filing to the Commission no later than 160 days after the
    close of the plan year that attaches the independent
    evaluator's final report identifying the cumulative
    persisting annual savings for the year and calculates,
    under paragraph (7) or (8) of this subsection (g), as
    applicable, any resulting change to the utility's return on
    equity component of the weighted average cost of capital
    applicable to the next plan year beginning with the January
    monthly billing period and extending through the December
    monthly billing period. However, if the utility recovers
    the costs incurred under this Section under paragraphs (2)
    and (3) of subsection (d) of this Section, then the utility
    shall not be required to submit such informational filing,
    and shall instead submit the information that would
    otherwise be included in the informational filing as part
    of its filing under paragraph (3) of such subsection (d)
    that is due on or before June 1 of each year.
        For those utilities that must submit the informational
    filing, the Commission may, on its own motion or by
    petition, initiate an investigation of such filing,
    provided, however, that the utility's proposed return on
    equity calculation shall be deemed the final, approved
    calculation on December 15 of the year in which it is filed
    unless the Commission enters an order on or before December
    15, after notice and hearing, that modifies such
    calculation consistent with this Section.
        The adjustments to the return on equity component
    described in paragraphs (7) and (8) of this subsection (g)
    shall be applied as described in such paragraphs through a
    separate tariff mechanism, which shall be filed by the
    utility under subsections (f) and (g) of this Section.
    (h) No more than 6% of energy efficiency and
demand-response program revenue may be allocated for research,
development, or pilot deployment of new equipment or measures.
    (i) When practicable, electric utilities shall incorporate
advanced metering infrastructure data into the planning,
implementation, and evaluation of energy efficiency measures
and programs, subject to the data privacy and confidentiality
protections of applicable law.
    (j) The independent evaluator shall follow the guidelines
and use the savings set forth in Commission-approved energy
efficiency policy manuals and technical reference manuals, as
each may be updated from time to time. Until such time as
measure life values for energy efficiency measures implemented
for low-income households under subsection (c) of this Section
are incorporated into such Commission-approved manuals, the
low-income measures shall have the same measure life values
that are established for same measures implemented in
households that are not low-income households.
    (k) Notwithstanding any provision of law to the contrary,
an electric utility subject to the requirements of this Section
may file a tariff cancelling an automatic adjustment clause
tariff in effect under this Section or Section 8-103, which
shall take effect no later than one business day after the date
such tariff is filed. Thereafter, the utility shall be
authorized to defer and recover its expenditures incurred under
this Section through a new tariff authorized under subsection
(d) of this Section or in the utility's next rate case under
Article IX or Section 16-108.5 of this Act, with interest at an
annual rate equal to the utility's weighted average cost of
capital as approved by the Commission in such case. If the
utility elects to file a new tariff under subsection (d) of
this Section, the utility may file the tariff within 10 days
after June 1, 2017 (the effective date of Public Act 99-906)
this amendatory Act of the 99th General Assembly, and the cost
inputs to such tariff shall be based on the projected costs to
be incurred by the utility during the calendar year in which
the new tariff is filed and that were not recovered under the
tariff that was cancelled as provided for in this subsection.
Such costs shall include those incurred or to be incurred by
the utility under its multi-year plan approved under
subsections (f) and (g) of this Section, including, but not
limited to, projected capital investment costs and projected
regulatory asset balances with correspondingly updated
depreciation and amortization reserves and expense. The
Commission shall, after notice and hearing, approve, or approve
with modification, such tariff and cost inputs no later than 75
days after the utility filed the tariff, provided that such
approval, or approval with modification, shall be consistent
with the provisions of this Section to the extent they do not
conflict with this subsection (k). The tariff approved by the
Commission shall take effect no later than 5 days after the
Commission enters its order approving the tariff.
    No later than 60 days after the effective date of the
tariff cancelling the utility's automatic adjustment clause
tariff, the utility shall file a reconciliation that reconciles
the moneys collected under its automatic adjustment clause
tariff with the costs incurred during the period beginning June
1, 2016 and ending on the date that the electric utility's
automatic adjustment clause tariff was cancelled. In the event
the reconciliation reflects an under-collection, the utility
shall recover the costs as specified in this subsection (k). If
the reconciliation reflects an over-collection, the utility
shall apply the amount of such over-collection as a one-time
credit to retail customers' bills.
    (l) For the calendar years covered by a multi-year plan
commencing after December 31, 2017, subsections (a) through (j)
of this Section do not apply to any retail customers of an
electric utility that serves more than 3,000,000 retail
customers in the State and whose total highest 30 minute demand
was more than 10,000 kilowatts, or any retail customers of an
electric utility that serves less than 3,000,000 retail
customers but more than 500,000 retail customers in the State
and whose total highest 15 minute demand was more than 10,000
kilowatts. For purposes of this subsection (l), "retail
customer" has the meaning set forth in Section 16-102 of this
Act. A determination of whether this subsection is applicable
to a customer shall be made for each multi-year plan beginning
after December 31, 2017. The criteria for determining whether
this subsection (l) is applicable to a retail customer shall be
based on the 12 consecutive billing periods prior to the start
of the first year of each such multi-year plan.
    (m) Notwithstanding the requirements of this Section, as
part of a proceeding to approve a multi-year plan under
subsections (f) and (g) of this Section, the Commission shall
reduce the amount of energy efficiency measures implemented for
any single year, and whose costs are recovered under subsection
(d) of this Section, by an amount necessary to limit the
estimated average net increase due to the cost of the measures
to no more than
        (1) 3.5% for the each of the 4 years beginning January
    1, 2018,
        (2) 3.75% for each of the 4 years beginning January 1,
    2022, and
        (3) 4% for each of the 5 years beginning January 1,
    2026,
of the average amount paid per kilowatthour by residential
eligible retail customers during calendar year 2015. To
determine the total amount that may be spent by an electric
utility in any single year, the applicable percentage of the
average amount paid per kilowatthour shall be multiplied by the
total amount of energy delivered by such electric utility in
the calendar year 2015, adjusted to reflect the proportion of
the utility's load attributable to customers who are exempt
from subsections (a) through (j) of this Section under
subsection (l) of this Section. For purposes of this subsection
(m), the amount paid per kilowatthour includes, without
limitation, estimated amounts paid for supply, transmission,
distribution, surcharges, and add-on taxes. For purposes of
this Section, "eligible retail customers" shall have the
meaning set forth in Section 16-111.5 of this Act. Once the
Commission has approved a plan under subsections (f) and (g) of
this Section, no subsequent rate impact determinations shall be
made.
(Source: P.A. 99-906, eff. 6-1-17; 100-840, eff. 8-13-18;
revised 10-19-18.)
 
    Section 480. The Environmental Health Practitioner
Licensing Act is amended by changing Section 35 as follows:
 
    (225 ILCS 37/35)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 35. Grounds for discipline.
    (a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action with regard to any license issued under
this Act as the Department may consider proper, including the
imposition of fines not to exceed $5,000 for each violation,
for any one or combination of the following causes:
        (1) Material misstatement in furnishing information to
    the Department.
        (2) Violations of this Act or its rules.
        (3) Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or
    sentencing, including, but not limited to, convictions,
    preceding sentences of supervision, conditional discharge,
    or first offender probation, under the laws of any
    jurisdiction of the United States that is (i) a felony or
    (ii) a misdemeanor, an essential element of which is
    dishonesty, or that is directly related to the practice of
    the profession.
        (4) Making any misrepresentation for the purpose of
    obtaining a certificate of registration.
        (5) Professional incompetence.
        (6) Aiding or assisting another person in violating any
    provision of this Act or its rules.
        (7) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (8) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public as defined by rules of the
    Department.
        (9) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that results in an environmental health practitioner's
    inability to practice with reasonable judgment, skill, or
    safety.
        (10) Discipline by another U.S. jurisdiction or
    foreign nation, if at least one of the grounds for a
    discipline is the same or substantially equivalent to those
    set forth in this Act.
        (11) A finding by the Department that the registrant,
    after having his or her license placed on probationary
    status, has violated the terms of probation.
        (12) Willfully making or filing false records or
    reports in his or her practice, including, but not limited
    to, false records filed with State agencies or departments.
        (13) Physical illness, including, but not limited to,
    deterioration through the aging process or loss of motor
    skills that result in the inability to practice the
    profession with reasonable judgment, skill, or safety.
        (14) Failure to comply with rules promulgated by the
    Illinois Department of Public Health or other State
    agencies related to the practice of environmental health.
        (15) (Blank).
        (16) Solicitation of professional services by using
    false or misleading advertising.
        (17) A finding that the license has been applied for or
    obtained by fraudulent means.
        (18) Practicing or attempting to practice under a name
    other than the full name as shown on the license or any
    other legally authorized name.
        (19) Gross overcharging for professional services
    including filing statements for collection of fees or
    moneys for which services are not rendered.
    (b) The Department may refuse to issue or may suspend the
license of any person who fails to (i) file a return, (ii) pay
the tax, penalty, or interest shown in a filed return; or (iii)
pay any final assessment of the tax, penalty, or interest as
required by any tax Act administered by the Illinois Department
of Revenue until the requirements of the tax Act are satisfied.
    (c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission to a
mental health facility as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension may end only upon a finding by a
court that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation of
the Board to the Secretary that the licensee be allowed to
resume practice.
    (d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any person licensed
to practice under this Act or who has applied for licensure or
certification pursuant to this Act to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Department. The
Department may order the examining physician to present
testimony concerning this mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The person to be examined may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
    If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice or, in
lieu of care, counseling, or treatment, the Department may file
a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual.
    Any person whose license was granted, continued, restored,
renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions and who fails to comply with such
terms, conditions, or restrictions shall be referred to the
Secretary for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Department.
    In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
person's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
    A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 100-796, eff. 8-10-18; 100-872, eff. 8-14-18;
revised 10-22-18.)
 
    Section 485. The Medical Practice Act of 1987 is amended by
changing Section 22 as follows:
 
    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 22. Disciplinary action.
    (A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, upon any of the following grounds:
        (1) Performance of an elective abortion in any place,
    locale, facility, or institution other than:
            (a) a facility licensed pursuant to the Ambulatory
        Surgical Treatment Center Act;
            (b) an institution licensed under the Hospital
        Licensing Act;
            (c) an ambulatory surgical treatment center or
        hospitalization or care facility maintained by the
        State or any agency thereof, where such department or
        agency has authority under law to establish and enforce
        standards for the ambulatory surgical treatment
        centers, hospitalization, or care facilities under its
        management and control;
            (d) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by the
        Federal Government; or
            (e) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by any
        university or college established under the laws of
        this State and supported principally by public funds
        raised by taxation.
        (2) Performance of an abortion procedure in a willful
    and wanton manner on a woman who was not pregnant at the
    time the abortion procedure was performed.
        (3) A plea of guilty or nolo contendere, finding of
    guilt, jury verdict, or entry of judgment or sentencing,
    including, but not limited to, convictions, preceding
    sentences of supervision, conditional discharge, or first
    offender probation, under the laws of any jurisdiction of
    the United States of any crime that is a felony.
        (4) Gross negligence in practice under this Act.
        (5) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (6) Obtaining any fee by fraud, deceit, or
    misrepresentation.
        (7) Habitual or excessive use or abuse of drugs defined
    in law as controlled substances, of alcohol, or of any
    other substances which results in the inability to practice
    with reasonable judgment, skill or safety.
        (8) Practicing under a false or, except as provided by
    law, an assumed name.
        (9) Fraud or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with
    applying for renewal of a license under this Act.
        (10) Making a false or misleading statement regarding
    their skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by them at their direction
    in the treatment of any disease or other condition of the
    body or mind.
        (11) Allowing another person or organization to use
    their license, procured under this Act, to practice.
        (12) Adverse action taken by another state or
    jurisdiction against a license or other authorization to
    practice as a medical doctor, doctor of osteopathy, doctor
    of osteopathic medicine or doctor of chiropractic, a
    certified copy of the record of the action taken by the
    other state or jurisdiction being prima facie evidence
    thereof. This includes any adverse action taken by a State
    or federal agency that prohibits a medical doctor, doctor
    of osteopathy, doctor of osteopathic medicine, or doctor of
    chiropractic from providing services to the agency's
    participants.
        (13) Violation of any provision of this Act or of the
    Medical Practice Act prior to the repeal of that Act, or
    violation of the rules, or a final administrative action of
    the Secretary, after consideration of the recommendation
    of the Disciplinary Board.
        (14) Violation of the prohibition against fee
    splitting in Section 22.2 of this Act.
        (15) A finding by the Disciplinary Board that the
    registrant after having his or her license placed on
    probationary status or subjected to conditions or
    restrictions violated the terms of the probation or failed
    to comply with such terms or conditions.
        (16) Abandonment of a patient.
        (17) Prescribing, selling, administering,
    distributing, giving or self-administering any drug
    classified as a controlled substance (designated product)
    or narcotic for other than medically accepted therapeutic
    purposes.
        (18) Promotion of the sale of drugs, devices,
    appliances or goods provided for a patient in such manner
    as to exploit the patient for financial gain of the
    physician.
        (19) Offering, undertaking or agreeing to cure or treat
    disease by a secret method, procedure, treatment or
    medicine, or the treating, operating or prescribing for any
    human condition by a method, means or procedure which the
    licensee refuses to divulge upon demand of the Department.
        (20) Immoral conduct in the commission of any act
    including, but not limited to, commission of an act of
    sexual misconduct related to the licensee's practice.
        (21) Willfully making or filing false records or
    reports in his or her practice as a physician, including,
    but not limited to, false records to support claims against
    the medical assistance program of the Department of
    Healthcare and Family Services (formerly Department of
    Public Aid) under the Illinois Public Aid Code.
        (22) Willful omission to file or record, or willfully
    impeding the filing or recording, or inducing another
    person to omit to file or record, medical reports as
    required by law, or willfully failing to report an instance
    of suspected abuse or neglect as required by law.
        (23) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (24) Solicitation of professional patronage by any
    corporation, agents or persons, or profiting from those
    representing themselves to be agents of the licensee.
        (25) Gross and willful and continued overcharging for
    professional services, including filing false statements
    for collection of fees for which services are not rendered,
    including, but not limited to, filing such false statements
    for collection of monies for services not rendered from the
    medical assistance program of the Department of Healthcare
    and Family Services (formerly Department of Public Aid)
    under the Illinois Public Aid Code.
        (26) A pattern of practice or other behavior which
    demonstrates incapacity or incompetence to practice under
    this Act.
        (27) Mental illness or disability which results in the
    inability to practice under this Act with reasonable
    judgment, skill or safety.
        (28) Physical illness, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in a physician's inability to practice
    under this Act with reasonable judgment, skill or safety.
        (29) Cheating on or attempt to subvert the licensing
    examinations administered under this Act.
        (30) Willfully or negligently violating the
    confidentiality between physician and patient except as
    required by law.
        (31) The use of any false, fraudulent, or deceptive
    statement in any document connected with practice under
    this Act.
        (32) Aiding and abetting an individual not licensed
    under this Act in the practice of a profession licensed
    under this Act.
        (33) Violating state or federal laws or regulations
    relating to controlled substances, legend drugs, or
    ephedra as defined in the Ephedra Prohibition Act.
        (34) Failure to report to the Department any adverse
    final action taken against them by another licensing
    jurisdiction (any other state or any territory of the
    United States or any foreign state or country), by any peer
    review body, by any health care institution, by any
    professional society or association related to practice
    under this Act, by any governmental agency, by any law
    enforcement agency, or by any court for acts or conduct
    similar to acts or conduct which would constitute grounds
    for action as defined in this Section.
        (35) Failure to report to the Department surrender of a
    license or authorization to practice as a medical doctor, a
    doctor of osteopathy, a doctor of osteopathic medicine, or
    doctor of chiropractic in another state or jurisdiction, or
    surrender of membership on any medical staff or in any
    medical or professional association or society, while
    under disciplinary investigation by any of those
    authorities or bodies, for acts or conduct similar to acts
    or conduct which would constitute grounds for action as
    defined in this Section.
        (36) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or conduct
    which would constitute grounds for action as defined in
    this Section.
        (37) Failure to provide copies of medical records as
    required by law.
        (38) Failure to furnish the Department, its
    investigators or representatives, relevant information,
    legally requested by the Department after consultation
    with the Chief Medical Coordinator or the Deputy Medical
    Coordinator.
        (39) Violating the Health Care Worker Self-Referral
    Act.
        (40) Willful failure to provide notice when notice is
    required under the Parental Notice of Abortion Act of 1995.
        (41) Failure to establish and maintain records of
    patient care and treatment as required by this law.
        (42) Entering into an excessive number of written
    collaborative agreements with licensed advanced practice
    registered nurses resulting in an inability to adequately
    collaborate.
        (43) Repeated failure to adequately collaborate with a
    licensed advanced practice registered nurse.
        (44) Violating the Compassionate Use of Medical
    Cannabis Pilot Program Act.
        (45) Entering into an excessive number of written
    collaborative agreements with licensed prescribing
    psychologists resulting in an inability to adequately
    collaborate.
        (46) Repeated failure to adequately collaborate with a
    licensed prescribing psychologist.
        (47) Willfully failing to report an instance of
    suspected abuse, neglect, financial exploitation, or
    self-neglect of an eligible adult as defined in and
    required by the Adult Protective Services Act.
        (48) Being named as an abuser in a verified report by
    the Department on Aging under the Adult Protective Services
    Act, and upon proof by clear and convincing evidence that
    the licensee abused, neglected, or financially exploited
    an eligible adult as defined in the Adult Protective
    Services Act.
        (49) Entering into an excessive number of written
    collaborative agreements with licensed physician
    assistants resulting in an inability to adequately
    collaborate.
        (50) Repeated failure to adequately collaborate with a
    physician assistant.
    Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
    The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
    The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
    The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
        (a) when a person will be deemed sufficiently
    rehabilitated to warrant the public trust;
        (b) what constitutes dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (c) what constitutes immoral conduct in the commission
    of any act, including, but not limited to, commission of an
    act of sexual misconduct related to the licensee's
    practice; and
        (d) what constitutes gross negligence in the practice
    of medicine.
    However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
    In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination and evaluation, or both, when
directed, shall result in an automatic suspension, without
hearing, until such time as the individual submits to the
examination. If the Disciplinary Board or Licensing Board finds
a physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Disciplinary Board or Licensing Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Disciplinary Board, as a condition for
issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions or restrictions who shall fail to comply with such
terms, conditions or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by the
Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have their license suspended
immediately, pending a hearing by the Disciplinary Board. In
instances in which the Secretary immediately suspends a license
under this Section, a hearing upon such person's license must
be convened by the Disciplinary Board within 15 days after such
suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
    The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
    All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
    (B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
    (C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine to
a physician:
        (1) based solely upon the recommendation of the
    physician to an eligible patient regarding, or
    prescription for, or treatment with, an investigational
    drug, biological product, or device; or
        (2) for experimental treatment for Lyme disease or
    other tick-borne diseases, including, but not limited to,
    the prescription of or treatment with long-term
    antibiotics.
    (D) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
12-19-18.)
 
    Section 490. The Nurse Practice Act is amended by changing
Section 65-40 as follows:
 
    (225 ILCS 65/65-40)   (was 225 ILCS 65/15-20)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 65-40. Written collaborative agreement; prescriptive
authority.
    (a) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice
registered nurse as part of a written collaborative agreement.
This authority may, but is not required to, include
prescription of, selection of, orders for, administration of,
storage of, acceptance of samples of, and dispensing over the
counter medications, legend drugs, medical gases, and
controlled substances categorized as any Schedule III through V
controlled substances, as defined in Article II of the Illinois
Controlled Substances Act, and other preparations, including,
but not limited to, botanical and herbal remedies. The
collaborating physician must have a valid current Illinois
controlled substance license and federal registration to
delegate authority to prescribe delegated controlled
substances.
    (b) To prescribe controlled substances under this Section,
an advanced practice registered nurse must obtain a mid-level
practitioner controlled substance license. Medication orders
shall be reviewed periodically by the collaborating physician.
    (c) The collaborating physician o shall file with the
Department and the Prescription Monitoring Program notice of
delegation of prescriptive authority and termination of such
delegation, in accordance with rules of the Department. Upon
receipt of this notice delegating authority to prescribe any
Schedule III through V controlled substances, the licensed
advanced practice registered nurse shall be eligible to
register for a mid-level practitioner controlled substance
license under Section 303.05 of the Illinois Controlled
Substances Act.
    (d) In addition to the requirements of subsections (a),
(b), and (c) of this Section, a collaborating physician may,
but is not required to, delegate authority to an advanced
practice registered nurse to prescribe any Schedule II
controlled substances, if all of the following conditions
apply:
        (1) Specific Schedule II controlled substances by oral
    dosage or topical or transdermal application may be
    delegated, provided that the delegated Schedule II
    controlled substances are routinely prescribed by the
    collaborating physician. This delegation must identify the
    specific Schedule II controlled substances by either brand
    name or generic name. Schedule II controlled substances to
    be delivered by injection or other route of administration
    may not be delegated.
        (2) Any delegation must be controlled substances that
    the collaborating physician prescribes.
        (3) Any prescription must be limited to no more than a
    30-day supply, with any continuation authorized only after
    prior approval of the collaborating physician.
        (4) The advanced practice registered nurse must
    discuss the condition of any patients for whom a controlled
    substance is prescribed monthly with the delegating
    physician.
        (5) The advanced practice registered nurse meets the
    education requirements of Section 303.05 of the Illinois
    Controlled Substances Act.
    (e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
    (f) Nothing in this Section shall be construed to apply to
any medication authority including Schedule II controlled
substances of an advanced practice registered nurse for care
provided in a hospital, hospital affiliate, or ambulatory
surgical treatment center pursuant to Section 65-45.
    (g) (Blank).
    (h) Nothing in this Section shall be construed to prohibit
generic substitution.
    (i) Nothing in this Section shall be construed to apply to
an advanced practice registered nurse who meets the
requirements of Section 65-43.
(Source: P.A. 100-513, eff. 1-1-18; revised 10-22-18.)
 
    Section 495. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Section 19 as follows:
 
    (225 ILCS 70/19)  (from Ch. 111, par. 3669)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 19. Investigation; notice and hearing..
    (a) The Department may investigate the actions of any
applicant or of any person holding or claiming to hold a
license under this Act.
    (b) The Department shall, before disciplining an applicant
or licensee, at least 30 days prior to the date set for the
hearing: (i) notify, in writing, the accused of the charges
made and the time and place for the hearing on the charges,
(ii) direct him or her to file a written answer to the charges
under oath within 20 days after service of the notice, and
(iii) inform the applicant or licensee that failure to file an
answer will result in a default being entered against the
applicant or licensee.
    (c) Written or electronic notice, and any notice in the
subsequent proceeding, may be served by personal delivery, by
email, or by mail to the applicant or licensee at his or her
address of record or email address of record.
    (d) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges and the parties or their counsel shall be
accorded ample opportunity to present any statement,
testimony, evidence, and argument as may be pertinent to the
charges or to their defense. The Board or hearing officer may
continue the hearing from time to time.
    (e) In case the person, after receiving the notice, fails
to file an answer, his or her license may, in the discretion of
the Secretary, having first received the recommendation of the
Board, be suspended, revoked, or placed on probationary status,
or be subject to whatever disciplinary action the Secretary
considers proper, including limiting the scope, nature, or
extent of the person's practice or the imposition of a fine,
without hearing, if the act or acts charged constitute
sufficient grounds for that action under this Act.
(Source: P.A. 100-675, eff. 8-3-18; revised 10-22-18.)
 
    Section 500. The Sex Offender Evaluation and Treatment
Provider Act is amended by changing Section 75 as follows:
 
    (225 ILCS 109/75)
    Sec. 75. Refusal, revocation, or suspension.
    (a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary nondisciplinary action, as
the Department considers appropriate, including the imposition
of fines not to exceed $10,000 for each violation, with regard
to any license or licensee for any one or more of the
following:
        (1) violations of this Act or of the rules adopted
    under this Act;
        (2) discipline by the Department under other state law
    and rules which the licensee is subject to;
        (3) conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or by
    sentencing for any crime, including, but not limited to,
    convictions, preceding sentences of supervision,
    conditional discharge, or first offender probation, under
    the laws of any jurisdiction of the United States: (i) that
    is a felony; or (ii) that is a misdemeanor, an essential
    element of which is dishonesty, or that is directly related
    to the practice of the profession;
        (4) professional incompetence;
        (5) advertising in a false, deceptive, or misleading
    manner;
        (6) aiding, abetting, assisting, procuring, advising,
    employing, or contracting with any unlicensed person to
    provide sex offender evaluation or treatment services
    contrary to any rules or provisions of this Act;
        (7) engaging in immoral conduct in the commission of
    any act, such as sexual abuse, sexual misconduct, or sexual
    exploitation, related to the licensee's practice;
        (8) engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (9) practicing or offering to practice beyond the scope
    permitted by law or accepting and performing professional
    responsibilities which the licensee knows or has reason to
    know that he or she is not competent to perform;
        (10) knowingly delegating professional
    responsibilities to a person unqualified by training,
    experience, or licensure to perform;
        (11) failing to provide information in response to a
    written request made by the Department within 60 days;
        (12) having a habitual or excessive use of or addiction
    to alcohol, narcotics, stimulants, or any other chemical
    agent or drug which results in the inability to practice
    with reasonable judgment, skill, or safety;
        (13) having a pattern of practice or other behavior
    that demonstrates incapacity or incompetence to practice
    under this Act;
        (14) discipline by another state, District of
    Columbia, territory, or foreign nation, if at least one of
    the grounds for the discipline is the same or substantially
    equivalent to those set forth in this Section;
        (15) a finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation;
        (16) willfully making or filing false records or
    reports in his or her practice, including, but not limited
    to, false records filed with State agencies or departments;
        (17) making a material misstatement in furnishing
    information to the Department or otherwise making
    misleading, deceptive, untrue, or fraudulent
    representations in violation of this Act or otherwise in
    the practice of the profession;
        (18) fraud or misrepresentation in applying for or
    procuring a license under this Act or in connection with
    applying for renewal of a license under this Act;
        (19) inability to practice the profession with
    reasonable judgment, skill, or safety as a result of
    physical illness, including, but not limited to,
    deterioration through the aging process, loss of motor
    skill, or a mental illness or disability;
        (20) charging for professional services not rendered,
    including filing false statements for the collection of
    fees for which services are not rendered; or
        (21) practicing under a false or, except as provided by
    law, an assumed name.
    All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
    (b) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
    (c) (Blank).
    (d) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
    (e) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
    (f) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physician shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. The examination
shall be performed by a physician licensed to practice medicine
in all its branches. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
    A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
    In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act and subject to action
under this Section shall be afforded an opportunity to
demonstrate to the Department or Board that he or she can
resume practice in compliance with acceptable and prevailing
standards under the provisions of his or her license.
(Source: P.A. 100-872, eff. 8-14-18; revised 10-22-18.)
 
    Section 505. The Telehealth Act is amended by changing
Section 5 as follows:
 
    (225 ILCS 150/5)
    Sec. 5. Definitions. As used in this Act:
    "Health care professional" includes physicians, physician
assistants, dentists, optometrists, advanced practice
registered nurses, clinical psychologists licensed in
Illinois, dentists, occupational therapists, pharmacists,
physical therapists, clinical social workers, speech-language
pathologists, audiologists, hearing instrument dispensers, and
mental health professionals and clinicians authorized by
Illinois law to provide mental health services.
    "Telehealth" means the evaluation, diagnosis, or
interpretation of electronically transmitted patient-specific
data between a remote location and a licensed health care
professional that generates interaction or treatment
recommendations. "Telehealth" includes telemedicine and the
delivery of health care services provided by way of an
interactive telecommunications system, as defined in
subsection (a) of Section 356z.22 of the Illinois Insurance
Code.
(Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19;
100-930, eff. 1-1-19; revised 10-22-18.)
 
    Section 510. The Structural Pest Control Act is amended by
changing Sections 3.18, 8, 17, 23, and 25 as follows:
 
    (225 ILCS 235/3.18)  (from Ch. 111 1/2, par. 2203.18)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 3.18. "Planned use inspection" means an inspection of
a certified or non-certified technician to observe the
procedures for preparation, application, and disposal of
pesticides to ensure that they are performed in accordance with
this Act, the "Illinois Pesticide Act", as amended, the
"Environmental Protection Act", as amended, the rules and
regulations of the Illinois Pollution Control Board, and other
applicable State law.
(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08;
revised 10-22-18.)
 
    (225 ILCS 235/8)  (from Ch. 111 1/2, par. 2208)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 8. Change of certified technician). When the licensee
or registrant is without a certified technician, the licensee
or registrant shall notify the Director in writing within 7
days and shall employ a technician certified in accordance with
Section 5 of this Act no later than 45 days from the time the
position of certified technician becomes vacant. All
structural pest control operations shall be suspended until
such time that the licensee or registrant obtains the services
of a certified technician.
(Source: P.A. 84-362; reenacted by P.A. 95-786, eff. 8-7-08;
revised 10-22-18.)
 
    (225 ILCS 235/17)  (from Ch. 111 1/2, par. 2217)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 17. Deposition of witnesses; testimony at hearing
recorded). In the event of the inability of any party, or the
Department, to procure the attendance of witnesses to give
testimony or produce books and papers, such party or the
Department may take the deposition of witnesses in accordance
with the laws of this State. All testimony taken at a hearing
shall be reduced to writing, and all such testimony and other
evidence introduced at the hearing shall be a part of the
record of the hearing.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08;
revised 10-22-18.)
 
    (225 ILCS 235/23)  (from Ch. 111 1/2, par. 2223)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 23. Judicial review of final administrative
decision). The Administrative Review Law, as amended, and the
rules adopted under the Administrative Review Law, apply to and
govern all proceedings for judicial review of final
administrative decisions of the Department under this Act. Such
judicial review shall be had in the circuit court of the county
in which the cause of action arose. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(Source: P.A. 82-783; reenacted by P.A. 95-786, eff. 8-7-08;
revised 10-22-18.)
 
    (225 ILCS 235/25)  (from Ch. 111 1/2, par. 2225)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 25. The provisions of the "The Illinois Administrative
Procedure Act", approved September 22, 1975, are hereby
expressly adopted and shall apply to all administrative rules
and procedures of the Department of Public Health under this
Act.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08;
revised 10-22-18.)
 
    Section 515. The Registered Interior Designers Act is
amended by changing Sections 8 and 13 as follows:
 
    (225 ILCS 310/8)  (from Ch. 111, par. 8208)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 8. Requirements for registration.
    (a) Each applicant for registration shall apply to the
Department in writing on a form provided by the Department.
Except as otherwise provided in this Act, each applicant shall
take and pass the examination approved by the Department. Prior
to registration, the applicant shall provide substantial
evidence to the Board that the applicant:
        (1) is a graduate of a 5-year interior design program
    from an accredited institution and has completed at least 2
    years of full-time diversified interior design experience;
        (2) is a graduate of a 4-year interior design program
    from an accredited institution and has completed at least 2
    years of full-time diversified interior design experience;
        (3) has completed at least 3 years of interior design
    curriculum from an accredited institution and has
    completed 3 years of full-time diversified interior design
    experience; or
        (4) is a graduate of a 2-year interior design program
    from an accredited institution and has completed 4 years of
    full-time diversified interior design experience. ; or
        (5) (blank).
    (b) In addition to providing evidence of meeting the
requirements of subsection (a), each applicant for
registration as a registered interior designer shall provide
substantial evidence that he or she has successfully completed
the examination administered by the National Council for
Interior Design Qualifications.
    Examinations for applicants under this Act may be held at
the direction of the Department from time to time but not less
than once each year. The scope and form of the examination
shall conform to the National Council for Interior Design
Qualification examination for interior designers.
    (b-5) Each applicant for registration shall pay to the
Department the required registration fee, which is not
refundable, at the time of filing his or her application.
    (c) An individual may apply for original registration prior
to passing the examination. He or she shall have 2 years after
the date of filing an application to pass the examination. If
evidence and documentation of passing the examination are is
received by the Department later than 2 years after the
individual's filing, the application shall be denied and the
fee forfeited. The applicant may reapply at any time, but shall
meet the requirements in effect at the time of reapplication.
    (d) Upon payment of the required fee, which shall be
determined by rule, an applicant who is an architect licensed
under the laws of this State may, without examination, be
granted registration as a registered interior designer by the
Department provided the applicant submits proof of an active
architectural license in Illinois.
(Source: P.A. 100-920, eff. 8-17-18; revised 10-22-18.)
 
    (225 ILCS 310/13)  (from Ch. 111, par. 8213)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 13. Refusal, revocation or suspension of
registration. The Department may refuse to issue, renew, or
restore or may revoke, suspend, place on probation, reprimand
or take other disciplinary action as the Department may deem
proper, including fines not to exceed $5,000 for each
violation, with regard to any registration for any one or
combination of the following causes:
        (a) Fraud in procuring the certificate of
    registration.
        (b) Habitual intoxication or addiction to the use of
    drugs.
        (c) Making any misrepresentations or false promises,
    directly or indirectly, to influence, persuade, or induce
    patronage.
        (d) Professional connection or association with, or
    lending his or her name, to another for illegal use of the
    title "registered interior designer", or professional
    connection or association with any person, firm, or
    corporation holding itself out in any manner contrary to
    this Act.
        (e) Obtaining or seeking to obtain checks, money, or
    any other items of value by false or fraudulent
    representations.
        (f) Use of the title under a name other than his or her
    own.
        (g) Improper, unprofessional, or dishonorable conduct
    of a character likely to deceive, defraud, or harm the
    public.
        (h) Conviction in this or another state, or federal
    court, of any crime which is a felony, if the Department
    determines, after investigation, that such person has not
    been sufficiently rehabilitated to warrant the public
    trust.
        (i) A violation of any provision of this Act or its
    rules.
        (j) Revocation by another state, the District of
    Columbia, territory, or foreign nation of an interior
    design or residential interior design license,
    certification, or registration if at least one of the
    grounds for that revocation is the same as or the
    equivalent of one of the grounds for revocation set forth
    in this Act.
        (k) Mental incompetence as declared by a court of
    competent jurisdiction.
        (l) Being named as a perpetrator in an indicated report
    by the Department of Children and Family Services pursuant
    to the Abused and Neglected Child Reporting Act, and upon
    proof by clear and convincing evidence that the registrant
    has caused a child to be an abused child or neglected child
    as defined in the Abused and Neglected Child Reporting Act.
        (m) Aiding or assisting another person in violating any
    provision of this Act or its rules.
        (n) Failure to provide information in response to a
    written request made by the Department within 30 days after
    receipt of the written request.
        (o) Physical illness, including, but not limited to,
    deterioration through the aging process or loss of motor
    skill that results in the inability to practice interior
    design with reasonable judgment, skill, or safety.
    The Department may refuse to issue or may suspend the
registration of any person who fails to file a return, or to
pay the tax, penalty, or interest showing in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied.
    The entry of a decree by any circuit court establishing
that any person holding a certificate of registration under
this Act is a person subject to involuntary admission under the
Mental Health and Developmental Disabilities Code shall
operate as a suspension of that registration. That person may
resume using the title "registered interior designer" only upon
a finding by the Board that he or she has been determined to be
no longer subject to involuntary admission by the court and
upon the Board's recommendation to the Director that he or she
be permitted to resume using the title "registered interior
designer".
(Source: P.A. 100-872, eff. 8-14-18; 100-920, eff. 8-17-18;
revised 10-22-18.)
 
    Section 520. The Collateral Recovery Act is amended by
changing Section 85 as follows:
 
    (225 ILCS 422/85)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 85. Consideration of past crimes.
    (a) The Commission shall not require the license or permit
holder or applicant to report the following information and
shall not consider the following criminal history records in
connection with an application for a license or permit under
this Act:
        (1) Juvenile adjudications of delinquent minors as
    defined in Section 5-105 of the Juvenile Court Act of 1987,
    subject to the restrictions set forth in Section 5-130 of
    the Juvenile Court Act of 1987.
        (2) Law enforcement records, court records, and
    conviction records of an individual who was 18 years old or
    younger at the time of the conviction for the offense and
    before January 1, 2014, unless the nature of the offense
    required the individual to be tried as an adult.
        (3) Records of arrest not followed by a conviction.
        (4) Convictions overturned by a higher court.
        (5) Convictions or arrests that have been sealed or
    expunged.
    (b) When considering the denial of a license or recovery
permit on the grounds of conviction of a crime, the Commission,
in evaluating whether the conviction will impair the license or
permit holder's or applicant's ability to engage in the
position for which a license or permit is sought and the
license or permit holder's or applicant's present eligibility
for a license or recovery permit, shall consider each of the
following criteria:
        (1) The lack of direct relation of the offense for
    which the license or permit holder or applicant was
    previously convicted to the duties, functions, and
    responsibilities of the position for which a license or
    permit is sought.
        (2) Circumstances relative to the offense, including
    the license or permit holder's or applicant's age at the
    time that the offense was committed.
        (3) Evidence of any act committed subsequent to the act
    or crime under consideration as grounds for denial, which
    also could be considered as grounds for disciplinary action
    under this Act.
        (4) Whether 5 years since a conviction or 3 years since
    successful completion of the imposed sentence for the
    conviction, whichever is later, have passed without a
    subsequent conviction.
        (5) Successful completion of sentence or for license or
    permit holders or applicants serving a term of parole or
    probation, a progress report provided by the license or
    permit holder's or applicant's probation or parole officer
    that documents the license or permit holder's or
    applicant's compliance with conditions of supervision.
        (6) If the license or permit holder or applicant was
    previously licensed or employed in this State or other
    states or jurisdictions, then the lack of prior misconduct
    arising from or related to the licensed position or
    position of employment.
        (7) Evidence of rehabilitation or rehabilitative
    effort during or after incarceration, or during or after a
    term of supervision, including, but not limited to, a
    certificate of good conduct under Section 5-5.5-25 of the
    Unified Code of Corrections or a certificate of relief from
    disabilities under Section 5-5.5-10 of the Unified Code of
    Corrections.
        (8) Any other mitigating factors that contribute to the
    license or permit holder's or applicant's potential and
    current ability to perform the duties and responsibilities
    of practices licensed or registered under this Act.
    (c) When considering the suspension or revocation of a
license or recovery permit on the grounds of conviction of a
crime, the Commission, in evaluating the rehabilitation of the
license or permit holder, whether the conviction will impair
the license or permit holder's ability to engage in the
position for which a license or permit is sought, and the
license or permit holder's present eligibility for a license or
recovery permit, shall consider each of the following criteria:
        (1) The nature and severity of the act or offense.
        (2) The license holder's or recovery permit holder's
    criminal record in its entirety.
        (3) The amount of time that has elapsed lapsed since
    the commission of the act or offense.
        (4) Whether the license holder or recovery permit
    holder has complied with any terms of parole, probation,
    restitution, or any other sanctions lawfully imposed
    against him or her.
        (5) If applicable, evidence of expungement
    proceedings.
        (6) Evidence, if any, of rehabilitation submitted by
    the license holder or recovery permit holder.
    (d) If the Commission refuses to issue or renew a license
or permit, or suspends, revokes, places on probation, or takes
any disciplinary action that the Commission may deem proper
against a license or permit, then the Commission shall notify
the license or permit holder or applicant of the decision in
writing with the following included in the notice of decision:
        (1) a statement about the decision;
        (2) a list of the convictions that the Commission
    determined will impair the license or permit holder's or
    applicant's ability to engage in the position for which a
    license or permit is sought;
        (3) a list of convictions that formed the sole or
    partial basis for the decision; and
        (4) a summary of the appeal process or the earliest
    reapplication for a license or permit is permissible,
    whichever is applicable.
    (e) No later than May 1 of each year, the Commission must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license or
permit applications during the preceding calendar year. Each
report shall show, at a minimum:
        (1) the number of applicants for a new or renewal
    license or permit under this Act within the previous
    calendar year;
        (2) the number of applicants for a new or renewal
    license or permit under this Act within the previous
    calendar year who had a criminal conviction identified in
    paragraph (3) of subsection (a) of Section 80;
        (3) the number of applicants for a new or renewal
    license or permit under this Act in the previous calendar
    year who were granted a license or permit;
        (4) the number of applicants for a new or renewal
    license or permit with a criminal conviction identified in
    paragraph (3) of subsection (a) of Section 80 who were
    granted a license or permit under this Act within the
    previous calendar year;
        (5) the number of applicants for a new or renewal
    license or permit under this Act within the previous
    calendar year who were denied a license or permit;
        (6) the number of applicants for a new or renewal
    license or permit with a criminal conviction identified in
    paragraph (3) of subsection (a) of Section 80 who were
    denied a license or permit under this Act in the previous
    calendar year in whole or in part because of the prior
    conviction;
        (7) the number of licenses or permits issued with a
    condition of probation without monitoring imposed by the
    Commission under this Act in the previous calendar year to
    applicants with a criminal conviction identified in
    paragraph (3) of subsection (a) of Section 80; and
        (8) the number of licenses or permits issued with a
    condition of probation with monitoring imposed by the
    Commission under this Act in the previous calendar year to
    applicants with a criminal conviction identified in
    paragraph (3) of subsection (a) of Section 80.
(Source: P.A. 100-286, eff. 1-1-18; 100-948, eff. 1-1-19;
revised 10-22-18.)
 
    Section 525. The Real Estate License Act of 2000 is amended
by changing Section 20-20 as follows:
 
    (225 ILCS 454/20-20)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20-20. Grounds for discipline.
    (a) The Department may refuse to issue or renew a license,
may place on probation, suspend, or revoke any license,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $25,000 upon any licensee or applicant under this Act
or any person who holds himself or herself out as an applicant
or licensee or against a licensee in handling his or her own
property, whether held by deed, option, or otherwise, for any
one or any combination of the following causes:
        (1) Fraud or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with
    applying for renewal of a license under this Act.
        (2) The conviction of or plea of guilty or plea of nolo
    contendere to a felony or misdemeanor in this State or any
    other jurisdiction; or the entry of an administrative
    sanction by a government agency in this State or any other
    jurisdiction. Action taken under this paragraph (2) for a
    misdemeanor or an administrative sanction is limited to a
    misdemeanor or administrative sanction that has as an
    essential element dishonesty or fraud or involves larceny,
    embezzlement, or obtaining money, property, or credit by
    false pretenses or by means of a confidence game.
        (3) Inability to practice the profession with
    reasonable judgment, skill, or safety as a result of a
    physical illness, including, but not limited to,
    deterioration through the aging process or loss of motor
    skill, or a mental illness or disability.
        (4) Practice under this Act as a licensee in a retail
    sales establishment from an office, desk, or space that is
    not separated from the main retail business by a separate
    and distinct area within the establishment.
        (5) Having been disciplined by another state, the
    District of Columbia, a territory, a foreign nation, or a
    governmental agency authorized to impose discipline if at
    least one of the grounds for that discipline is the same as
    or the equivalent of one of the grounds for which a
    licensee may be disciplined under this Act. A certified
    copy of the record of the action by the other state or
    jurisdiction shall be prima facie evidence thereof.
        (6) Engaging in the practice of real estate brokerage
    without a license or after the licensee's license or
    temporary permit was expired or while the license was
    inoperative.
        (7) Cheating on or attempting to subvert the Real
    Estate License Exam or continuing education exam.
        (8) Aiding or abetting an applicant to subvert or cheat
    on the Real Estate License Exam or continuing education
    exam administered pursuant to this Act.
        (9) Advertising that is inaccurate, misleading, or
    contrary to the provisions of the Act.
        (10) Making any substantial misrepresentation or
    untruthful advertising.
        (11) Making any false promises of a character likely to
    influence, persuade, or induce.
        (12) Pursuing a continued and flagrant course of
    misrepresentation or the making of false promises through
    licensees, employees, agents, advertising, or otherwise.
        (13) Any misleading or untruthful advertising, or
    using any trade name or insignia of membership in any real
    estate organization of which the licensee is not a member.
        (14) Acting for more than one party in a transaction
    without providing written notice to all parties for whom
    the licensee acts.
        (15) Representing or attempting to represent a broker
    other than the sponsoring broker.
        (16) Failure to account for or to remit any moneys or
    documents coming into his or her possession that belong to
    others.
        (17) Failure to maintain and deposit in a special
    account, separate and apart from personal and other
    business accounts, all escrow moneys belonging to others
    entrusted to a licensee while acting as a broker, escrow
    agent, or temporary custodian of the funds of others or
    failure to maintain all escrow moneys on deposit in the
    account until the transactions are consummated or
    terminated, except to the extent that the moneys, or any
    part thereof, shall be:
            (A) disbursed prior to the consummation or
        termination (i) in accordance with the written
        direction of the principals to the transaction or their
        duly authorized agents, (ii) in accordance with
        directions providing for the release, payment, or
        distribution of escrow moneys contained in any written
        contract signed by the principals to the transaction or
        their duly authorized agents, or (iii) pursuant to an
        order of a court of competent jurisdiction; or
            (B) deemed abandoned and transferred to the Office
        of the State Treasurer to be handled as unclaimed
        property pursuant to the Revised Uniform Unclaimed
        Property Act. Escrow moneys may be deemed abandoned
        under this subparagraph (B) only: (i) in the absence of
        disbursement under subparagraph (A); (ii) in the
        absence of notice of the filing of any claim in a court
        of competent jurisdiction; and (iii) if 6 months have
        elapsed after the receipt of a written demand for the
        escrow moneys from one of the principals to the
        transaction or the principal's duly authorized agent.
    The account shall be noninterest bearing, unless the
    character of the deposit is such that payment of interest
    thereon is otherwise required by law or unless the
    principals to the transaction specifically require, in
    writing, that the deposit be placed in an interest bearing
    account.
        (18) Failure to make available to the Department all
    escrow records and related documents maintained in
    connection with the practice of real estate within 24 hours
    of a request for those documents by Department personnel.
        (19) Failing to furnish copies upon request of
    documents relating to a real estate transaction to a party
    who has executed that document.
        (20) Failure of a sponsoring broker to timely provide
    information, sponsor cards, or termination of licenses to
    the Department.
        (21) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        (22) Commingling the money or property of others with
    his or her own money or property.
        (23) Employing any person on a purely temporary or
    single deal basis as a means of evading the law regarding
    payment of commission to nonlicensees on some contemplated
    transactions.
        (24) Permitting the use of his or her license as a
    broker to enable a leasing agent or unlicensed person to
    operate a real estate business without actual
    participation therein and control thereof by the broker.
        (25) Any other conduct, whether of the same or a
    different character from that specified in this Section,
    that constitutes dishonest dealing.
        (26) Displaying a "for rent" or "for sale" sign on any
    property without the written consent of an owner or his or
    her duly authorized agent or advertising by any means that
    any property is for sale or for rent without the written
    consent of the owner or his or her authorized agent.
        (27) Failing to provide information requested by the
    Department, or otherwise respond to that request, within 30
    days of the request.
        (28) Advertising by means of a blind advertisement,
    except as otherwise permitted in Section 10-30 of this Act.
        (29) Offering guaranteed sales plans, as defined in
    clause (A) of this subdivision (29), except to the extent
    hereinafter set forth:
            (A) A "guaranteed sales plan" is any real estate
        purchase or sales plan whereby a licensee enters into a
        conditional or unconditional written contract with a
        seller, prior to entering into a brokerage agreement
        with the seller, by the terms of which a licensee
        agrees to purchase a property of the seller within a
        specified period of time at a specific price in the
        event the property is not sold in accordance with the
        terms of a brokerage agreement to be entered into
        between the sponsoring broker and the seller.
            (B) A licensee offering a guaranteed sales plan
        shall provide the details and conditions of the plan in
        writing to the party to whom the plan is offered.
            (C) A licensee offering a guaranteed sales plan
        shall provide to the party to whom the plan is offered
        evidence of sufficient financial resources to satisfy
        the commitment to purchase undertaken by the broker in
        the plan.
            (D) Any licensee offering a guaranteed sales plan
        shall undertake to market the property of the seller
        subject to the plan in the same manner in which the
        broker would market any other property, unless the
        agreement with the seller provides otherwise.
            (E) The licensee cannot purchase seller's property
        until the brokerage agreement has ended according to
        its terms or is otherwise terminated.
            (F) Any licensee who fails to perform on a
        guaranteed sales plan in strict accordance with its
        terms shall be subject to all the penalties provided in
        this Act for violations thereof and, in addition, shall
        be subject to a civil fine payable to the party injured
        by the default in an amount of up to $25,000.
        (30) Influencing or attempting to influence, by any
    words or acts, a prospective seller, purchaser, occupant,
    landlord, or tenant of real estate, in connection with
    viewing, buying, or leasing real estate, so as to promote
    or tend to promote the continuance or maintenance of
    racially and religiously segregated housing or so as to
    retard, obstruct, or discourage racially integrated
    housing on or in any street, block, neighborhood, or
    community.
        (31) Engaging in any act that constitutes a violation
    of any provision of Article 3 of the Illinois Human Rights
    Act, whether or not a complaint has been filed with or
    adjudicated by the Human Rights Commission.
        (32) Inducing any party to a contract of sale or lease
    or brokerage agreement to break the contract of sale or
    lease or brokerage agreement for the purpose of
    substituting, in lieu thereof, a new contract for sale or
    lease or brokerage agreement with a third party.
        (33) Negotiating a sale, exchange, or lease of real
    estate directly with any person if the licensee knows that
    the person has an exclusive brokerage agreement with
    another broker, unless specifically authorized by that
    broker.
        (34) When a licensee is also an attorney, acting as the
    attorney for either the buyer or the seller in the same
    transaction in which the licensee is acting or has acted as
    a managing broker or broker.
        (35) Advertising or offering merchandise or services
    as free if any conditions or obligations necessary for
    receiving the merchandise or services are not disclosed in
    the same advertisement or offer. These conditions or
    obligations include without limitation the requirement
    that the recipient attend a promotional activity or visit a
    real estate site. As used in this subdivision (35), "free"
    includes terms such as "award", "prize", "no charge", "free
    of charge", "without charge", and similar words or phrases
    that reasonably lead a person to believe that he or she may
    receive or has been selected to receive something of value,
    without any conditions or obligations on the part of the
    recipient.
        (36) (Blank).
        (37) Violating the terms of a disciplinary order issued
    by the Department.
        (38) Paying or failing to disclose compensation in
    violation of Article 10 of this Act.
        (39) Requiring a party to a transaction who is not a
    client of the licensee to allow the licensee to retain a
    portion of the escrow moneys for payment of the licensee's
    commission or expenses as a condition for release of the
    escrow moneys to that party.
        (40) Disregarding or violating any provision of this
    Act or the published rules adopted by the Department to
    enforce this Act or aiding or abetting any individual,
    foreign or domestic partnership, registered limited
    liability partnership, limited liability company,
    corporation, or other business entity in disregarding any
    provision of this Act or the published rules adopted by the
    Department to enforce this Act.
        (41) Failing to provide the minimum services required
    by Section 15-75 of this Act when acting under an exclusive
    brokerage agreement.
        (42) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that results in a managing broker, broker, or leasing
    agent's inability to practice with reasonable skill or
    safety.
        (43) Enabling, aiding, or abetting an auctioneer, as
    defined in the Auction License Act, to conduct a real
    estate auction in a manner that is in violation of this
    Act.
        (44) Permitting any leasing agent or temporary leasing
    agent permit holder to engage in activities that require a
    broker's or managing broker's license.
    (b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
pay the tax, penalty or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of that tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
    (c) (Blank).
    (d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (a) of Section 2105-15
of the Civil Administrative Code of Illinois.
    (e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
    If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
    In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;
100-188, eff. 1-1-18; 100-534, eff. 9-22-17; 100-831, eff.
1-1-19; 100-863, eff. 8-14-18; 100-872, eff. 8-14-18; revised
10-22-18.)
 
    Section 530. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Sections 5-20 and 5-25 as follows:
 
    (225 ILCS 458/5-20)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-20. Application for associate real estate trainee
appraiser. Every person who desires to obtain an associate real
estate trainee appraiser license shall:
        (1) apply to the Department on forms provided by the
    Department, or through a multi-state licensing system as
    designated by the Secretary, accompanied by the required
    fee;
        (2) be at least 18 years of age;
        (3) provide evidence of having attained a high school
    diploma or completed an equivalent course of study as
    determined by an examination conducted or accepted by the
    Illinois State Board of Education;
        (4) (blank); and
        (5) provide evidence to the Department, or through a
    multi-state licensing system as designated by the
    Secretary, that he or she has successfully completed the
    prerequisite qualifying and any conditional education
    requirements as established by rule.
(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;
revised 10-22-18.)
 
    (225 ILCS 458/5-25)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-25. Renewal of license.
    (a) The expiration date and renewal period for a State
certified general real estate appraiser license or a State
certified residential real estate appraiser license issued
under this Act shall be set by rule. Except as otherwise
provided in subsections (b) and (f) of this Section, the holder
of a license may renew the license within 90 days preceding the
expiration date by:
        (1) completing and submitting to the Department, or
    through a multi-state licensing system as designated by the
    Secretary, a renewal application form as provided by the
    Department;
        (2) paying the required fees; and
        (3) providing evidence to the Department, or through a
    multi-state licensing system as designated by the
    Secretary, of successful completion of the continuing
    education requirements through courses approved by the
    Department from education providers licensed by the
    Department, as established by the AQB and by rule.
    (b) A State certified general real estate appraiser or
State certified residential real estate appraiser whose
license under this Act has expired may renew the license for a
period of 2 years following the expiration date by complying
with the requirements of paragraphs (1), (2), and (3) of
subsection (a) of this Section and paying any late penalties
established by rule.
    (c) (Blank).
    (d) The expiration date and renewal period for an associate
real estate trainee appraiser license issued under this Act
shall be set by rule. Except as otherwise provided in
subsections (e) and (f) of this Section, the holder of an
associate real estate appraiser license may renew the license
within 90 days preceding the expiration date by:
        (1) completing and submitting to the Department, or
    through a multi-state licensing system as designated by the
    Secretary, a renewal application form as provided by the
    Department;
        (2) paying the required fees; and
        (3) providing evidence to the Department, or through a
    multi-state licensing system as designated by the
    Secretary, of successful completion of the continuing
    education requirements through courses approved by the
    Department from education providers approved by the
    Department, as established by rule.
    (e) Any associate real estate appraiser trainee whose
license under this Act has expired may renew the license for a
period of 2 years following the expiration date by complying
with the requirements of paragraphs (1), (2), and (3) of
subsection (d) of this Section and paying any late penalties as
established by rule.
    (f) Notwithstanding subsections (c) and (e), an appraiser
whose license under this Act has expired may renew or convert
the license without paying any lapsed renewal fees or late
penalties if the license expired while the appraiser was:
        (1) on active duty with the United States Armed
    Services;
        (2) serving as the Coordinator of Real Estate Appraisal
    or an employee of the Department who was required to
    surrender his or her license during the term of employment.
    Application for renewal must be made within 2 years
following the termination of the military service or related
education, training, or employment. The licensee shall furnish
the Department with an affidavit that he or she was so engaged.
    (g) The Department shall provide reasonable care and due
diligence to ensure that each licensee under this Act is
provided with a renewal application at least 90 days prior to
the expiration date, but each licensee is responsible to timely
renew or convert his or her license prior to its expiration
date.
(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;
revised 10-22-18.)
 
    Section 535. The Appraisal Management Company Registration
Act is amended by changing Section 65 as follows:
 
    (225 ILCS 459/65)
    Sec. 65. Disciplinary actions.
    (a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$25,000 for each violation, with regard to any registration for
any one or combination of the following:
        (1) Material misstatement in furnishing information to
    the Department.
        (2) Violations of this Act, or of the rules adopted
    under this Act.
        (3) Conviction of, or entry of a plea of guilty or nolo
    contendere to any crime that is a felony under the laws of
    the United States or any state or territory thereof or that
    is a misdemeanor of which an essential element is
    dishonesty, or any crime that is directly related to the
    practice of the profession.
        (4) Making any misrepresentation for the purpose of
    obtaining registration or violating any provision of this
    Act or the rules adopted under this Act pertaining to
    advertising.
        (5) Professional incompetence.
        (6) Gross malpractice.
        (7) Aiding or assisting another person in violating any
    provision of this Act or rules adopted under this Act.
        (8) Failing, within 30 days after requested, to provide
    information in response to a written request made by the
    Department.
        (9) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        (10) Discipline by another state, District of
    Columbia, territory, or foreign nation, if at least one of
    the grounds for the discipline is the same or substantially
    equivalent to those set forth in this Section.
        (11) A finding by the Department that the registrant,
    after having his or her registration placed on probationary
    status, has violated the terms of probation.
        (12) Willfully making or filing false records or
    reports in his or her practice, including, but not limited
    to, false records filed with State agencies or departments.
        (13) Filing false statements for collection of fees for
    which services are not rendered.
        (14) Practicing under a false or, except as provided by
    law, an assumed name.
        (15) Fraud or misrepresentation in applying for, or
    procuring, a registration under this Act or in connection
    with applying for renewal of a registration under this Act.
        (16) Being adjudicated liable in a civil proceeding for
    violation of a state or federal fair housing law.
        (17) Failure to obtain or maintain the bond required
    under Section 50 of this Act.
        (18) Failure to pay appraiser panel fees or appraisal
    management company national registry fees.
    (b) The Department may refuse to issue or may suspend
without hearing as provided for in the Civil Administrative
Code of Illinois the registration of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
    (c) An appraisal management company shall not be registered
or included on the national registry if the company, in whole
or in part, directly or indirectly, is owned by a person who
has had an appraiser license or certificate refused, denied,
canceled, surrendered in lieu of revocation, or revoked under
the Real Estate Appraiser Licensing Act of 2002 or the rules
adopted under that Act, or similar discipline by another state,
the District of Columbia, a territory, a foreign nation, a
governmental agency, or an entity authorized to impose
discipline if at least one of the grounds for that discipline
is the same as or the equivalent of one of the grounds for
which a licensee may be disciplined as set forth under this
Section.
(Source: P.A. 100-604, eff. 7-13-18; revised 10-22-18.)
 
    Section 540. The Animal Welfare Act is amended by changing
Section 2 as follows:
 
    (225 ILCS 605/2)  (from Ch. 8, par. 302)
    Sec. 2. Definitions. As used in this Act unless the context
otherwise requires:
    "Department" means the Illinois Department of Agriculture.
    "Director" means the Director of the Illinois Department of
Agriculture.
    "Pet shop operator" means any person who sells, offers to
sell, exchange, or offers for adoption with or without charge
or donation dogs, cats, birds, fish, reptiles, or other animals
customarily obtained as pets in this State. However, a person
who sells only such animals that he has produced and raised
shall not be considered a pet shop operator under this Act, and
a veterinary hospital or clinic operated by a veterinarian or
veterinarians licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 shall not be considered a pet shop
operator under this Act.
    "Dog dealer" means any person who sells, offers to sell,
exchange, or offers for adoption with or without charge or
donation dogs in this State. However, a person who sells only
dogs that he has produced and raised shall not be considered a
dog dealer under this Act, and a veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 shall not
be considered a dog dealer under this Act.
    "Secretary of Agriculture" or "Secretary" means the
Secretary of Agriculture of the United States Department of
Agriculture.
    "Person" means any person, firm, corporation, partnership,
association or other legal entity, any public or private
institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
    "Kennel operator" means any person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs and
cats are maintained for boarding, training or similar purposes
for a fee or compensation.
    "Boarding" means a time frame greater than 12 hours or an
overnight period during which an animal is kept by a kennel
operator.
    "Cat breeder" means a person who sells, offers to sell,
exchanges, or offers for adoption with or without charge cats
that he or she has produced and raised. A person who owns, has
possession of, or harbors 5 or less females capable of
reproduction shall not be considered a cat breeder.
    "Dog breeder" means a person who sells, offers to sell,
exchanges, or offers for adoption with or without charge dogs
that he has produced and raised. A person who owns, has
possession of, or harbors 5 or less females capable of
reproduction shall not be considered a dog breeder.
    "Animal control facility" means any facility operated by or
under contract for the State, county, or any municipal
corporation or political subdivision of the State for the
purpose of impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals. "Animal
control facility" also means any veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 which
operates for the above mentioned purpose in addition to its
customary purposes.
    "Animal shelter" means a facility operated, owned, or
maintained by a duly incorporated humane society, animal
welfare society, or other non-profit organization for the
purpose of providing for and promoting the welfare, protection,
and humane treatment of animals. "Animal shelter" also means
any veterinary hospital or clinic operated by a veterinarian or
veterinarians licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 which operates for the above
mentioned purpose in addition to its customary purposes.
    "Day care operator" means a person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs and
cats are kept for a period of time not exceeding 12 hours.
    "Foster home" means an entity that accepts the
responsibility for stewardship of animals that are the
obligation of an animal shelter or animal control facility, not
to exceed 4 animals at any given time. Permits to operate as a
"foster home" shall be issued through the animal shelter or
animal control facility.
    "Guard dog service" means an entity that, for a fee,
furnishes or leases guard or sentry dogs for the protection of
life or property. A person is not a guard dog service solely
because he or she owns a dog and uses it to guard his or her
home, business, or farmland.
    "Guard dog" means a type of dog used primarily for the
purpose of defending, patrolling, or protecting property or
life at a commercial establishment other than a farm. "Guard
dog" does not include stock dogs used primarily for handling
and controlling livestock or farm animals, nor does it include
personally owned pets that also provide security.
    "Sentry dog" means a dog trained to work without
supervision in a fenced facility other than a farm, and to
deter or detain unauthorized persons found within the facility.
    "Probationary status" means the 12-month period following
a series of violations of this Act during which any further
violation shall result in an automatic 12-month suspension of
licensure.
    "Owner" means any person having a right of property in an
animal, who keeps or harbors an animal, who has an animal in
his or her care or acts as its custodian, or who knowingly
permits a dog to remain on any premises occupied by him or her.
"Owner" does not include a feral cat caretaker participating in
a trap, spay/neuter, return or release program.
(Source: P.A. 99-310, eff. 1-1-16; 100-842, eff. 1-1-19;
100-870, eff. 1-1-19; revised 10-22-18.)
 
    Section 545. The Surface Coal Mining Land Conservation and
Reclamation Act is amended by changing Section 1.06 as follows:
 
    (225 ILCS 720/1.06)  (from Ch. 96 1/2, par. 7901.06)
    Sec. 1.06. Scope of the Act. This Act shall apply to all
mining operations, except:
        (a) the private non-commercial extraction of coal by a
    landowner or lessee where 250 tons or less of coal are
    removed in any 12 consecutive months;
        (b) the extraction of coal incidental to the extraction
    of other minerals where the coal does not exceed 16 2/3% of
    the total mineral tonnage mined;
        (c) coal exploration on federal lands;
        (d) the extraction of coal on federal lands except to
    the extent provided under a cooperative agreement with the
    United States in accordance with Section 9.03; and
        (e) the extraction of coal as an incidental part of a
    federal, State, or local government-financed highway or
    other construction under rules adopted by the Department.
(Source: P.A. 100-936, eff. 8-17-18; revised 10-22-18.)
 
    Section 550. The Forest Products Transportation Act is
amended by changing Section 2.02 as follows:
 
    (225 ILCS 740/2.02)  (from Ch. 96 1/2, par. 6904)
    Sec. 2.02. "Tree" or "trees" means any tree, standing or
felled, living or dead, and includes both those trees included
within the definition of "timber" in Section 2 of the "Timber
Buyers Licensing Act" and Christmas trees. The term does not
apply to trees or parts of trees that have been cut into
firewood.
(Source: P.A. 77-2801; revised 10-22-18.)
 
    Section 555. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 26 and 26.7 as follows:
 
    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
    Sec. 26. Wagering.
    (a) Any licensee may conduct and supervise the pari-mutuel
system of wagering, as defined in Section 3.12 of this Act, on
horse races conducted by an Illinois organization licensee or
conducted at a racetrack located in another state or country
and televised in Illinois in accordance with subsection (g) of
Section 26 of this Act. Subject to the prior consent of the
Board, licensees may supplement any pari-mutuel pool in order
to guarantee a minimum distribution. Such pari-mutuel method of
wagering shall not, under any circumstances if conducted under
the provisions of this Act, be held or construed to be
unlawful, other statutes of this State to the contrary
notwithstanding. Subject to rules for advance wagering
promulgated by the Board, any licensee may accept wagers in
advance of the day of the race wagered upon occurs.
    (b) No other method of betting, pool making, wagering or
gambling shall be used or permitted by the licensee. Each
licensee may retain, subject to the payment of all applicable
taxes and purses, an amount not to exceed 17% of all money
wagered under subsection (a) of this Section, except as may
otherwise be permitted under this Act.
    (b-5) An individual may place a wager under the pari-mutuel
system from any licensed location authorized under this Act
provided that wager is electronically recorded in the manner
described in Section 3.12 of this Act. Any wager made
electronically by an individual while physically on the
premises of a licensee shall be deemed to have been made at the
premises of that licensee.
    (c) Until January 1, 2000, the sum held by any licensee for
payment of outstanding pari-mutuel tickets, if unclaimed prior
to December 31 of the next year, shall be retained by the
licensee for payment of such tickets until that date. Within 10
days thereafter, the balance of such sum remaining unclaimed,
less any uncashed supplements contributed by such licensee for
the purpose of guaranteeing minimum distributions of any
pari-mutuel pool, shall be paid to the Illinois Veterans'
Rehabilitation Fund of the State treasury, except as provided
in subsection (g) of Section 27 of this Act.
    (c-5) Beginning January 1, 2000, the sum held by any
licensee for payment of outstanding pari-mutuel tickets, if
unclaimed prior to December 31 of the next year, shall be
retained by the licensee for payment of such tickets until that
date. Within 10 days thereafter, the balance of such sum
remaining unclaimed, less any uncashed supplements contributed
by such licensee for the purpose of guaranteeing minimum
distributions of any pari-mutuel pool, shall be evenly
distributed to the purse account of the organization licensee
and the organization licensee.
    (d) A pari-mutuel ticket shall be honored until December 31
of the next calendar year, and the licensee shall pay the same
and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not
presented for payment.
    (e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer, jockey,
driver, or employee thereof, to be admitted during a racing
program unless accompanied by a parent or guardian, or any
minor to be a patron of the pari-mutuel system of wagering
conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee or
an owner, trainer, jockey, driver, or employee thereof at a
race track is a Class C misdemeanor.
    (f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in another
state or country to accept wagers solely within such other
state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these wagers
shall not be subject to State taxation. Until January 1, 2000,
when the out-of-State entity conducts a pari-mutuel pool
separate from the organization licensee, a privilege tax equal
to 7 1/2% of all monies received by the organization licensee
from entities in other states or countries pursuant to such
contracts is imposed on the organization licensee, and such
privilege tax shall be remitted to the Department of Revenue
within 48 hours of receipt of the moneys from the simulcast.
When the out-of-State entity conducts a combined pari-mutuel
pool with the organization licensee, the tax shall be 10% of
all monies received by the organization licensee with 25% of
the receipts from this 10% tax to be distributed to the county
in which the race was conducted.
    An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also permit
pari-mutuel pools in other states or countries to be combined
with its gross or net wagering pools or with wagering pools
established by other states.
    (g) A host track may accept interstate simulcast wagers on
horse races conducted in other states or countries and shall
control the number of signals and types of breeds of racing in
its simulcast program, subject to the disapproval of the Board.
The Board may prohibit a simulcast program only if it finds
that the simulcast program is clearly adverse to the integrity
of racing. The host track simulcast program shall include the
signal of live racing of all organization licensees. All
non-host licensees and advance deposit wagering licensees
shall carry the signal of and accept wagers on live racing of
all organization licensees. Advance deposit wagering licensees
shall not be permitted to accept out-of-state wagers on any
Illinois signal provided pursuant to this Section without the
approval and consent of the organization licensee providing the
signal. For one year after August 15, 2014 (the effective date
of Public Act 98-968), non-host licensees may carry the host
track simulcast program and shall accept wagers on all races
included as part of the simulcast program of horse races
conducted at race tracks located within North America upon
which wagering is permitted. For a period of one year after
August 15, 2014 (the effective date of Public Act 98-968), on
horse races conducted at race tracks located outside of North
America, non-host licensees may accept wagers on all races
included as part of the simulcast program upon which wagering
is permitted. Beginning August 15, 2015 (one year after the
effective date of Public Act 98-968), non-host licensees may
carry the host track simulcast program and shall accept wagers
on all races included as part of the simulcast program upon
which wagering is permitted. All organization licensees shall
provide their live signal to all advance deposit wagering
licensees for a simulcast commission fee not to exceed 6% of
the advance deposit wagering licensee's Illinois handle on the
organization licensee's signal without prior approval by the
Board. The Board may adopt rules under which it may permit
simulcast commission fees in excess of 6%. The Board shall
adopt rules limiting the interstate commission fees charged to
an advance deposit wagering licensee. The Board shall adopt
rules regarding advance deposit wagering on interstate
simulcast races that shall reflect, among other things, the
General Assembly's desire to maximize revenues to the State,
horsemen purses, and organizational licensees. However,
organization licensees providing live signals pursuant to the
requirements of this subsection (g) may petition the Board to
withhold their live signals from an advance deposit wagering
licensee if the organization licensee discovers and the Board
finds reputable or credible information that the advance
deposit wagering licensee is under investigation by another
state or federal governmental agency, the advance deposit
wagering licensee's license has been suspended in another
state, or the advance deposit wagering licensee's license is in
revocation proceedings in another state. The organization
licensee's provision of their live signal to an advance deposit
wagering licensee under this subsection (g) pertains to wagers
placed from within Illinois. Advance deposit wagering
licensees may place advance deposit wagering terminals at
wagering facilities as a convenience to customers. The advance
deposit wagering licensee shall not charge or collect any fee
from purses for the placement of the advance deposit wagering
terminals. The costs and expenses of the host track and
non-host licensees associated with interstate simulcast
wagering, other than the interstate commission fee, shall be
borne by the host track and all non-host licensees incurring
these costs. The interstate commission fee shall not exceed 5%
of Illinois handle on the interstate simulcast race or races
without prior approval of the Board. The Board shall promulgate
rules under which it may permit interstate commission fees in
excess of 5%. The interstate commission fee and other fees
charged by the sending racetrack, including, but not limited
to, satellite decoder fees, shall be uniformly applied to the
host track and all non-host licensees.
    Notwithstanding any other provision of this Act, through
December 31, 2020, an organization licensee, with the consent
of the horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting, may
maintain a system whereby advance deposit wagering may take
place or an organization licensee, with the consent of the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting, may
contract with another person to carry out a system of advance
deposit wagering. Such consent may not be unreasonably
withheld. Only with respect to an appeal to the Board that
consent for an organization licensee that maintains its own
advance deposit wagering system is being unreasonably
withheld, the Board shall issue a final order within 30 days
after initiation of the appeal, and the organization licensee's
advance deposit wagering system may remain operational during
that 30-day period. The actions of any organization licensee
who conducts advance deposit wagering or any person who has a
contract with an organization licensee to conduct advance
deposit wagering who conducts advance deposit wagering on or
after January 1, 2013 and prior to June 7, 2013 (the effective
date of Public Act 98-18) taken in reliance on the changes made
to this subsection (g) by Public Act 98-18 are hereby
validated, provided payment of all applicable pari-mutuel
taxes are remitted to the Board. All advance deposit wagers
placed from within Illinois must be placed through a
Board-approved advance deposit wagering licensee; no other
entity may accept an advance deposit wager from a person within
Illinois. All advance deposit wagering is subject to any rules
adopted by the Board. The Board may adopt rules necessary to
regulate advance deposit wagering through the use of emergency
rulemaking in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. The General Assembly finds that
the adoption of rules to regulate advance deposit wagering is
deemed an emergency and necessary for the public interest,
safety, and welfare. An advance deposit wagering licensee may
retain all moneys as agreed to by contract with an organization
licensee. Any moneys retained by the organization licensee from
advance deposit wagering, not including moneys retained by the
advance deposit wagering licensee, shall be paid 50% to the
organization licensee's purse account and 50% to the
organization licensee. With the exception of any organization
licensee that is owned by a publicly traded company that is
incorporated in a state other than Illinois and advance deposit
wagering licensees under contract with such organization
licensees, organization licensees that maintain advance
deposit wagering systems and advance deposit wagering
licensees that contract with organization licensees shall
provide sufficiently detailed monthly accountings to the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting so that
the horsemen association, as an interested party, can confirm
the accuracy of the amounts paid to the purse account at the
horsemen association's affiliated organization licensee from
advance deposit wagering. If more than one breed races at the
same race track facility, then the 50% of the moneys to be paid
to an organization licensee's purse account shall be allocated
among all organization licensees' purse accounts operating at
that race track facility proportionately based on the actual
number of host days that the Board grants to that breed at that
race track facility in the current calendar year. To the extent
any fees from advance deposit wagering conducted in Illinois
for wagers in Illinois or other states have been placed in
escrow or otherwise withheld from wagers pending a
determination of the legality of advance deposit wagering, no
action shall be brought to declare such wagers or the
disbursement of any fees previously escrowed illegal.
        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
    inter-track wagering licensee other than the host track may
    supplement the host track simulcast program with
    additional simulcast races or race programs, provided that
    between January 1 and the third Friday in February of any
    year, inclusive, if no live thoroughbred racing is
    occurring in Illinois during this period, only
    thoroughbred races may be used for supplemental interstate
    simulcast purposes. The Board shall withhold approval for a
    supplemental interstate simulcast only if it finds that the
    simulcast is clearly adverse to the integrity of racing. A
    supplemental interstate simulcast may be transmitted from
    an inter-track wagering licensee to its affiliated
    non-host licensees. The interstate commission fee for a
    supplemental interstate simulcast shall be paid by the
    non-host licensee and its affiliated non-host licensees
    receiving the simulcast.
        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
    inter-track wagering licensee other than the host track may
    receive supplemental interstate simulcasts only with the
    consent of the host track, except when the Board finds that
    the simulcast is clearly adverse to the integrity of
    racing. Consent granted under this paragraph (2) to any
    inter-track wagering licensee shall be deemed consent to
    all non-host licensees. The interstate commission fee for
    the supplemental interstate simulcast shall be paid by all
    participating non-host licensees.
        (3) Each licensee conducting interstate simulcast
    wagering may retain, subject to the payment of all
    applicable taxes and the purses, an amount not to exceed
    17% of all money wagered. If any licensee conducts the
    pari-mutuel system wagering on races conducted at
    racetracks in another state or country, each such race or
    race program shall be considered a separate racing day for
    the purpose of determining the daily handle and computing
    the privilege tax of that daily handle as provided in
    subsection (a) of Section 27. Until January 1, 2000, from
    the sums permitted to be retained pursuant to this
    subsection, each inter-track wagering location licensee
    shall pay 1% of the pari-mutuel handle wagered on simulcast
    wagering to the Horse Racing Tax Allocation Fund, subject
    to the provisions of subparagraph (B) of paragraph (11) of
    subsection (h) of Section 26 of this Act.
        (4) A licensee who receives an interstate simulcast may
    combine its gross or net pools with pools at the sending
    racetracks pursuant to rules established by the Board. All
    licensees combining their gross pools at a sending
    racetrack shall adopt the takeout take-out percentages of
    the sending racetrack. A licensee may also establish a
    separate pool and takeout structure for wagering purposes
    on races conducted at race tracks outside of the State of
    Illinois. The licensee may permit pari-mutuel wagers
    placed in other states or countries to be combined with its
    gross or net wagering pools or other wagering pools.
        (5) After the payment of the interstate commission fee
    (except for the interstate commission fee on a supplemental
    interstate simulcast, which shall be paid by the host track
    and by each non-host licensee through the host track
    host-track) and all applicable State and local taxes,
    except as provided in subsection (g) of Section 27 of this
    Act, the remainder of moneys retained from simulcast
    wagering pursuant to this subsection (g), and Section 26.2
    shall be divided as follows:
            (A) For interstate simulcast wagers made at a host
        track, 50% to the host track and 50% to purses at the
        host track.
            (B) For wagers placed on interstate simulcast
        races, supplemental simulcasts as defined in
        subparagraphs (1) and (2), and separately pooled races
        conducted outside of the State of Illinois made at a
        non-host licensee, 25% to the host track, 25% to the
        non-host licensee, and 50% to the purses at the host
        track.
        (6) Notwithstanding any provision in this Act to the
    contrary, non-host licensees who derive their licenses
    from a track located in a county with a population in
    excess of 230,000 and that borders the Mississippi River
    may receive supplemental interstate simulcast races at all
    times subject to Board approval, which shall be withheld
    only upon a finding that a supplemental interstate
    simulcast is clearly adverse to the integrity of racing.
        (7) Effective January 1, 2017, notwithstanding any
    provision of this Act to the contrary, after payment of all
    applicable State and local taxes and interstate commission
    fees, non-host licensees who derive their licenses from a
    track located in a county with a population in excess of
    230,000 and that borders the Mississippi River shall retain
    50% of the retention from interstate simulcast wagers and
    shall pay 50% to purses at the track from which the
    non-host licensee derives its license.
        (7.1) Notwithstanding any other provision of this Act
    to the contrary, if no standardbred racing is conducted at
    a racetrack located in Madison County during any calendar
    year beginning on or after January 1, 2002, all moneys
    derived by that racetrack from simulcast wagering and
    inter-track wagering that (1) are to be used for purses and
    (2) are generated between the hours of 6:30 p.m. and 6:30
    a.m. during that calendar year shall be paid as follows:
            (A) If the licensee that conducts horse racing at
        that racetrack requests from the Board at least as many
        racing dates as were conducted in calendar year 2000,
        80% shall be paid to its thoroughbred purse account;
        and
            (B) Twenty percent shall be deposited into the
        Illinois Colt Stakes Purse Distribution Fund and shall
        be paid to purses for standardbred races for Illinois
        conceived and foaled horses conducted at any county
        fairgrounds. The moneys deposited into the Fund
        pursuant to this subparagraph (B) shall be deposited
        within 2 weeks after the day they were generated, shall
        be in addition to and not in lieu of any other moneys
        paid to standardbred purses under this Act, and shall
        not be commingled with other moneys paid into that
        Fund. The moneys deposited pursuant to this
        subparagraph (B) shall be allocated as provided by the
        Department of Agriculture, with the advice and
        assistance of the Illinois Standardbred Breeders Fund
        Advisory Board.
        (7.2) Notwithstanding any other provision of this Act
    to the contrary, if no thoroughbred racing is conducted at
    a racetrack located in Madison County during any calendar
    year beginning on or after January 1, 2002, all moneys
    derived by that racetrack from simulcast wagering and
    inter-track wagering that (1) are to be used for purses and
    (2) are generated between the hours of 6:30 a.m. and 6:30
    p.m. during that calendar year shall be deposited as
    follows:
            (A) If the licensee that conducts horse racing at
        that racetrack requests from the Board at least as many
        racing dates as were conducted in calendar year 2000,
        80% shall be deposited into its standardbred purse
        account; and
            (B) Twenty percent shall be deposited into the
        Illinois Colt Stakes Purse Distribution Fund. Moneys
        deposited into the Illinois Colt Stakes Purse
        Distribution Fund pursuant to this subparagraph (B)
        shall be paid to Illinois conceived and foaled
        thoroughbred breeders' programs and to thoroughbred
        purses for races conducted at any county fairgrounds
        for Illinois conceived and foaled horses at the
        discretion of the Department of Agriculture, with the
        advice and assistance of the Illinois Thoroughbred
        Breeders Fund Advisory Board. The moneys deposited
        into the Illinois Colt Stakes Purse Distribution Fund
        pursuant to this subparagraph (B) shall be deposited
        within 2 weeks after the day they were generated, shall
        be in addition to and not in lieu of any other moneys
        paid to thoroughbred purses under this Act, and shall
        not be commingled with other moneys deposited into that
        Fund.
        (7.3) (Blank).
        (7.4) (Blank).
        (8) Notwithstanding any provision in this Act to the
    contrary, an organization licensee from a track located in
    a county with a population in excess of 230,000 and that
    borders the Mississippi River and its affiliated non-host
    licensees shall not be entitled to share in any retention
    generated on racing, inter-track wagering, or simulcast
    wagering at any other Illinois wagering facility.
        (8.1) Notwithstanding any provisions in this Act to the
    contrary, if 2 organization licensees are conducting
    standardbred race meetings concurrently between the hours
    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
    State and local taxes and interstate commission fees, the
    remainder of the amount retained from simulcast wagering
    otherwise attributable to the host track and to host track
    purses shall be split daily between the 2 organization
    licensees and the purses at the tracks of the 2
    organization licensees, respectively, based on each
    organization licensee's share of the total live handle for
    that day, provided that this provision shall not apply to
    any non-host licensee that derives its license from a track
    located in a county with a population in excess of 230,000
    and that borders the Mississippi River.
        (9) (Blank).
        (10) (Blank).
        (11) (Blank).
        (12) The Board shall have authority to compel all host
    tracks to receive the simulcast of any or all races
    conducted at the Springfield or DuQuoin State fairgrounds
    and include all such races as part of their simulcast
    programs.
        (13) Notwithstanding any other provision of this Act,
    in the event that the total Illinois pari-mutuel handle on
    Illinois horse races at all wagering facilities in any
    calendar year is less than 75% of the total Illinois
    pari-mutuel handle on Illinois horse races at all such
    wagering facilities for calendar year 1994, then each
    wagering facility that has an annual total Illinois
    pari-mutuel handle on Illinois horse races that is less
    than 75% of the total Illinois pari-mutuel handle on
    Illinois horse races at such wagering facility for calendar
    year 1994, shall be permitted to receive, from any amount
    otherwise payable to the purse account at the race track
    with which the wagering facility is affiliated in the
    succeeding calendar year, an amount equal to 2% of the
    differential in total Illinois pari-mutuel handle on
    Illinois horse races at the wagering facility between that
    calendar year in question and 1994 provided, however, that
    a wagering facility shall not be entitled to any such
    payment until the Board certifies in writing to the
    wagering facility the amount to which the wagering facility
    is entitled and a schedule for payment of the amount to the
    wagering facility, based on: (i) the racing dates awarded
    to the race track affiliated with the wagering facility
    during the succeeding year; (ii) the sums available or
    anticipated to be available in the purse account of the
    race track affiliated with the wagering facility for purses
    during the succeeding year; and (iii) the need to ensure
    reasonable purse levels during the payment period. The
    Board's certification shall be provided no later than
    January 31 of the succeeding year. In the event a wagering
    facility entitled to a payment under this paragraph (13) is
    affiliated with a race track that maintains purse accounts
    for both standardbred and thoroughbred racing, the amount
    to be paid to the wagering facility shall be divided
    between each purse account pro rata, based on the amount of
    Illinois handle on Illinois standardbred and thoroughbred
    racing respectively at the wagering facility during the
    previous calendar year. Annually, the General Assembly
    shall appropriate sufficient funds from the General
    Revenue Fund to the Department of Agriculture for payment
    into the thoroughbred and standardbred horse racing purse
    accounts at Illinois pari-mutuel tracks. The amount paid to
    each purse account shall be the amount certified by the
    Illinois Racing Board in January to be transferred from
    each account to each eligible racing facility in accordance
    with the provisions of this Section.
    (h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location licensees
subject to the following terms and conditions:
        (1) Any person licensed to conduct a race meeting (i)
    at a track where 60 or more days of racing were conducted
    during the immediately preceding calendar year or where
    over the 5 immediately preceding calendar years an average
    of 30 or more days of racing were conducted annually may be
    issued an inter-track wagering license; (ii) at a track
    located in a county that is bounded by the Mississippi
    River, which has a population of less than 150,000
    according to the 1990 decennial census, and an average of
    at least 60 days of racing per year between 1985 and 1993
    may be issued an inter-track wagering license; or (iii) at
    a track located in Madison County that conducted at least
    100 days of live racing during the immediately preceding
    calendar year may be issued an inter-track wagering
    license, unless a lesser schedule of live racing is the
    result of (A) weather, unsafe track conditions, or other
    acts of God; (B) an agreement between the organization
    licensee and the associations representing the largest
    number of owners, trainers, jockeys, or standardbred
    drivers who race horses at that organization licensee's
    racing meeting; or (C) a finding by the Board of
    extraordinary circumstances and that it was in the best
    interest of the public and the sport to conduct fewer than
    100 days of live racing. Any such person having operating
    control of the racing facility may receive inter-track
    wagering location licenses. An eligible race track located
    in a county that has a population of more than 230,000 and
    that is bounded by the Mississippi River may establish up
    to 9 inter-track wagering locations, an eligible race track
    located in Stickney Township in Cook County may establish
    up to 16 inter-track wagering locations, and an eligible
    race track located in Palatine Township in Cook County may
    establish up to 18 inter-track wagering locations. An
    application for said license shall be filed with the Board
    prior to such dates as may be fixed by the Board. With an
    application for an inter-track wagering location license
    there shall be delivered to the Board a certified check or
    bank draft payable to the order of the Board for an amount
    equal to $500. The application shall be on forms prescribed
    and furnished by the Board. The application shall comply
    with all other rules, regulations and conditions imposed by
    the Board in connection therewith.
        (2) The Board shall examine the applications with
    respect to their conformity with this Act and the rules and
    regulations imposed by the Board. If found to be in
    compliance with the Act and rules and regulations of the
    Board, the Board may then issue a license to conduct
    inter-track wagering and simulcast wagering to such
    applicant. All such applications shall be acted upon by the
    Board at a meeting to be held on such date as may be fixed
    by the Board.
        (3) In granting licenses to conduct inter-track
    wagering and simulcast wagering, the Board shall give due
    consideration to the best interests of the public, of horse
    racing, and of maximizing revenue to the State.
        (4) Prior to the issuance of a license to conduct
    inter-track wagering and simulcast wagering, the applicant
    shall file with the Board a bond payable to the State of
    Illinois in the sum of $50,000, executed by the applicant
    and a surety company or companies authorized to do business
    in this State, and conditioned upon (i) the payment by the
    licensee of all taxes due under Section 27 or 27.1 and any
    other monies due and payable under this Act, and (ii)
    distribution by the licensee, upon presentation of the
    winning ticket or tickets, of all sums payable to the
    patrons of pari-mutuel pools.
        (5) Each license to conduct inter-track wagering and
    simulcast wagering shall specify the person to whom it is
    issued, the dates on which such wagering is permitted, and
    the track or location where the wagering is to be
    conducted.
        (6) All wagering under such license is subject to this
    Act and to the rules and regulations from time to time
    prescribed by the Board, and every such license issued by
    the Board shall contain a recital to that effect.
        (7) An inter-track wagering licensee or inter-track
    wagering location licensee may accept wagers at the track
    or location where it is licensed, or as otherwise provided
    under this Act.
        (8) Inter-track wagering or simulcast wagering shall
    not be conducted at any track less than 5 miles from a
    track at which a racing meeting is in progress.
        (8.1) Inter-track wagering location licensees who
    derive their licenses from a particular organization
    licensee shall conduct inter-track wagering and simulcast
    wagering only at locations that are within 160 miles of
    that race track where the particular organization licensee
    is licensed to conduct racing. However, inter-track
    wagering and simulcast wagering shall not be conducted by
    those licensees at any location within 5 miles of any race
    track at which a horse race meeting has been licensed in
    the current year, unless the person having operating
    control of such race track has given its written consent to
    such inter-track wagering location licensees, which
    consent must be filed with the Board at or prior to the
    time application is made. In the case of any inter-track
    wagering location licensee initially licensed after
    December 31, 2013, inter-track wagering and simulcast
    wagering shall not be conducted by those inter-track
    wagering location licensees that are located outside the
    City of Chicago at any location within 8 miles of any race
    track at which a horse race meeting has been licensed in
    the current year, unless the person having operating
    control of such race track has given its written consent to
    such inter-track wagering location licensees, which
    consent must be filed with the Board at or prior to the
    time application is made.
        (8.2) Inter-track wagering or simulcast wagering shall
    not be conducted by an inter-track wagering location
    licensee at any location within 500 feet of an existing
    church or existing school, nor within 500 feet of the
    residences of more than 50 registered voters without
    receiving written permission from a majority of the
    registered voters at such residences. Such written
    permission statements shall be filed with the Board. The
    distance of 500 feet shall be measured to the nearest part
    of any building used for worship services, education
    programs, residential purposes, or conducting inter-track
    wagering by an inter-track wagering location licensee, and
    not to property boundaries. However, inter-track wagering
    or simulcast wagering may be conducted at a site within 500
    feet of a church, school or residences of 50 or more
    registered voters if such church, school or residences have
    been erected or established, or such voters have been
    registered, after the Board issues the original
    inter-track wagering location license at the site in
    question. Inter-track wagering location licensees may
    conduct inter-track wagering and simulcast wagering only
    in areas that are zoned for commercial or manufacturing
    purposes or in areas for which a special use has been
    approved by the local zoning authority. However, no license
    to conduct inter-track wagering and simulcast wagering
    shall be granted by the Board with respect to any
    inter-track wagering location within the jurisdiction of
    any local zoning authority which has, by ordinance or by
    resolution, prohibited the establishment of an inter-track
    wagering location within its jurisdiction. However,
    inter-track wagering and simulcast wagering may be
    conducted at a site if such ordinance or resolution is
    enacted after the Board licenses the original inter-track
    wagering location licensee for the site in question.
        (9) (Blank).
        (10) An inter-track wagering licensee or an
    inter-track wagering location licensee may retain, subject
    to the payment of the privilege taxes and the purses, an
    amount not to exceed 17% of all money wagered. Each program
    of racing conducted by each inter-track wagering licensee
    or inter-track wagering location licensee shall be
    considered a separate racing day for the purpose of
    determining the daily handle and computing the privilege
    tax or pari-mutuel tax on such daily handle as provided in
    Section 27.
        (10.1) Except as provided in subsection (g) of Section
    27 of this Act, inter-track wagering location licensees
    shall pay 1% of the pari-mutuel handle at each location to
    the municipality in which such location is situated and 1%
    of the pari-mutuel handle at each location to the county in
    which such location is situated. In the event that an
    inter-track wagering location licensee is situated in an
    unincorporated area of a county, such licensee shall pay 2%
    of the pari-mutuel handle from such location to such
    county.
        (10.2) Notwithstanding any other provision of this
    Act, with respect to inter-track wagering at a race track
    located in a county that has a population of more than
    230,000 and that is bounded by the Mississippi River ("the
    first race track"), or at a facility operated by an
    inter-track wagering licensee or inter-track wagering
    location licensee that derives its license from the
    organization licensee that operates the first race track,
    on races conducted at the first race track or on races
    conducted at another Illinois race track and
    simultaneously televised to the first race track or to a
    facility operated by an inter-track wagering licensee or
    inter-track wagering location licensee that derives its
    license from the organization licensee that operates the
    first race track, those moneys shall be allocated as
    follows:
            (A) That portion of all moneys wagered on
        standardbred racing that is required under this Act to
        be paid to purses shall be paid to purses for
        standardbred races.
            (B) That portion of all moneys wagered on
        thoroughbred racing that is required under this Act to
        be paid to purses shall be paid to purses for
        thoroughbred races.
        (11) (A) After payment of the privilege or pari-mutuel
    tax, any other applicable taxes, and the costs and expenses
    in connection with the gathering, transmission, and
    dissemination of all data necessary to the conduct of
    inter-track wagering, the remainder of the monies retained
    under either Section 26 or Section 26.2 of this Act by the
    inter-track wagering licensee on inter-track wagering
    shall be allocated with 50% to be split between the 2
    participating licensees and 50% to purses, except that an
    inter-track wagering licensee that derives its license
    from a track located in a county with a population in
    excess of 230,000 and that borders the Mississippi River
    shall not divide any remaining retention with the Illinois
    organization licensee that provides the race or races, and
    an inter-track wagering licensee that accepts wagers on
    races conducted by an organization licensee that conducts a
    race meet in a county with a population in excess of
    230,000 and that borders the Mississippi River shall not
    divide any remaining retention with that organization
    licensee.
        (B) From the sums permitted to be retained pursuant to
    this Act each inter-track wagering location licensee shall
    pay (i) the privilege or pari-mutuel tax to the State; (ii)
    4.75% of the pari-mutuel handle on inter-track wagering at
    such location on races as purses, except that an
    inter-track wagering location licensee that derives its
    license from a track located in a county with a population
    in excess of 230,000 and that borders the Mississippi River
    shall retain all purse moneys for its own purse account
    consistent with distribution set forth in this subsection
    (h), and inter-track wagering location licensees that
    accept wagers on races conducted by an organization
    licensee located in a county with a population in excess of
    230,000 and that borders the Mississippi River shall
    distribute all purse moneys to purses at the operating host
    track; (iii) until January 1, 2000, except as provided in
    subsection (g) of Section 27 of this Act, 1% of the
    pari-mutuel handle wagered on inter-track wagering and
    simulcast wagering at each inter-track wagering location
    licensee facility to the Horse Racing Tax Allocation Fund,
    provided that, to the extent the total amount collected and
    distributed to the Horse Racing Tax Allocation Fund under
    this subsection (h) during any calendar year exceeds the
    amount collected and distributed to the Horse Racing Tax
    Allocation Fund during calendar year 1994, that excess
    amount shall be redistributed (I) to all inter-track
    wagering location licensees, based on each licensee's pro
    rata pro-rata share of the total handle from inter-track
    wagering and simulcast wagering for all inter-track
    wagering location licensees during the calendar year in
    which this provision is applicable; then (II) the amounts
    redistributed to each inter-track wagering location
    licensee as described in subpart (I) shall be further
    redistributed as provided in subparagraph (B) of paragraph
    (5) of subsection (g) of this Section 26 provided first,
    that the shares of those amounts, which are to be
    redistributed to the host track or to purses at the host
    track under subparagraph (B) of paragraph (5) of subsection
    (g) of this Section 26 shall be redistributed based on each
    host track's pro rata share of the total inter-track
    wagering and simulcast wagering handle at all host tracks
    during the calendar year in question, and second, that any
    amounts redistributed as described in part (I) to an
    inter-track wagering location licensee that accepts wagers
    on races conducted by an organization licensee that
    conducts a race meet in a county with a population in
    excess of 230,000 and that borders the Mississippi River
    shall be further redistributed, effective January 1, 2017,
    as provided in paragraph (7) of subsection (g) of this
    Section 26, with the portion of that further redistribution
    allocated to purses at that organization licensee to be
    divided between standardbred purses and thoroughbred
    purses based on the amounts otherwise allocated to purses
    at that organization licensee during the calendar year in
    question; and (iv) 8% of the pari-mutuel handle on
    inter-track wagering wagered at such location to satisfy
    all costs and expenses of conducting its wagering. The
    remainder of the monies retained by the inter-track
    wagering location licensee shall be allocated 40% to the
    location licensee and 60% to the organization licensee
    which provides the Illinois races to the location, except
    that an inter-track wagering location licensee that
    derives its license from a track located in a county with a
    population in excess of 230,000 and that borders the
    Mississippi River shall not divide any remaining retention
    with the organization licensee that provides the race or
    races and an inter-track wagering location licensee that
    accepts wagers on races conducted by an organization
    licensee that conducts a race meet in a county with a
    population in excess of 230,000 and that borders the
    Mississippi River shall not divide any remaining retention
    with the organization licensee. Notwithstanding the
    provisions of clauses (ii) and (iv) of this paragraph, in
    the case of the additional inter-track wagering location
    licenses authorized under paragraph (1) of this subsection
    (h) by Public Act 87-110, those licensees shall pay the
    following amounts as purses: during the first 12 months the
    licensee is in operation, 5.25% of the pari-mutuel handle
    wagered at the location on races; during the second 12
    months, 5.25%; during the third 12 months, 5.75%; during
    the fourth 12 months, 6.25%; and during the fifth 12 months
    and thereafter, 6.75%. The following amounts shall be
    retained by the licensee to satisfy all costs and expenses
    of conducting its wagering: during the first 12 months the
    licensee is in operation, 8.25% of the pari-mutuel handle
    wagered at the location; during the second 12 months,
    8.25%; during the third 12 months, 7.75%; during the fourth
    12 months, 7.25%; and during the fifth 12 months and
    thereafter, 6.75%. For additional inter-track wagering
    location licensees authorized under Public Act 89-16,
    purses for the first 12 months the licensee is in operation
    shall be 5.75% of the pari-mutuel wagered at the location,
    purses for the second 12 months the licensee is in
    operation shall be 6.25%, and purses thereafter shall be
    6.75%. For additional inter-track location licensees
    authorized under Public Act 89-16, the licensee shall be
    allowed to retain to satisfy all costs and expenses: 7.75%
    of the pari-mutuel handle wagered at the location during
    its first 12 months of operation, 7.25% during its second
    12 months of operation, and 6.75% thereafter.
        (C) There is hereby created the Horse Racing Tax
    Allocation Fund which shall remain in existence until
    December 31, 1999. Moneys remaining in the Fund after
    December 31, 1999 shall be paid into the General Revenue
    Fund. Until January 1, 2000, all monies paid into the Horse
    Racing Tax Allocation Fund pursuant to this paragraph (11)
    by inter-track wagering location licensees located in park
    districts of 500,000 population or less, or in a
    municipality that is not included within any park district
    but is included within a conservation district and is the
    county seat of a county that (i) is contiguous to the state
    of Indiana and (ii) has a 1990 population of 88,257
    according to the United States Bureau of the Census, and
    operating on May 1, 1994 shall be allocated by
    appropriation as follows:
            Two-sevenths to the Department of Agriculture.
        Fifty percent of this two-sevenths shall be used to
        promote the Illinois horse racing and breeding
        industry, and shall be distributed by the Department of
        Agriculture upon the advice of a 9-member committee
        appointed by the Governor consisting of the following
        members: the Director of Agriculture, who shall serve
        as chairman; 2 representatives of organization
        licensees conducting thoroughbred race meetings in
        this State, recommended by those licensees; 2
        representatives of organization licensees conducting
        standardbred race meetings in this State, recommended
        by those licensees; a representative of the Illinois
        Thoroughbred Breeders and Owners Foundation,
        recommended by that Foundation; a representative of
        the Illinois Standardbred Owners and Breeders
        Association, recommended by that Association; a
        representative of the Horsemen's Benevolent and
        Protective Association or any successor organization
        thereto established in Illinois comprised of the
        largest number of owners and trainers, recommended by
        that Association or that successor organization; and a
        representative of the Illinois Harness Horsemen's
        Association, recommended by that Association.
        Committee members shall serve for terms of 2 years,
        commencing January 1 of each even-numbered year. If a
        representative of any of the above-named entities has
        not been recommended by January 1 of any even-numbered
        year, the Governor shall appoint a committee member to
        fill that position. Committee members shall receive no
        compensation for their services as members but shall be
        reimbursed for all actual and necessary expenses and
        disbursements incurred in the performance of their
        official duties. The remaining 50% of this
        two-sevenths shall be distributed to county fairs for
        premiums and rehabilitation as set forth in the
        Agricultural Fair Act;
            Four-sevenths to park districts or municipalities
        that do not have a park district of 500,000 population
        or less for museum purposes (if an inter-track wagering
        location licensee is located in such a park district)
        or to conservation districts for museum purposes (if an
        inter-track wagering location licensee is located in a
        municipality that is not included within any park
        district but is included within a conservation
        district and is the county seat of a county that (i) is
        contiguous to the state of Indiana and (ii) has a 1990
        population of 88,257 according to the United States
        Bureau of the Census, except that if the conservation
        district does not maintain a museum, the monies shall
        be allocated equally between the county and the
        municipality in which the inter-track wagering
        location licensee is located for general purposes) or
        to a municipal recreation board for park purposes (if
        an inter-track wagering location licensee is located
        in a municipality that is not included within any park
        district and park maintenance is the function of the
        municipal recreation board and the municipality has a
        1990 population of 9,302 according to the United States
        Bureau of the Census); provided that the monies are
        distributed to each park district or conservation
        district or municipality that does not have a park
        district in an amount equal to four-sevenths of the
        amount collected by each inter-track wagering location
        licensee within the park district or conservation
        district or municipality for the Fund. Monies that were
        paid into the Horse Racing Tax Allocation Fund before
        August 9, 1991 (the effective date of Public Act
        87-110) by an inter-track wagering location licensee
        located in a municipality that is not included within
        any park district but is included within a conservation
        district as provided in this paragraph shall, as soon
        as practicable after August 9, 1991 (the effective date
        of Public Act 87-110), be allocated and paid to that
        conservation district as provided in this paragraph.
        Any park district or municipality not maintaining a
        museum may deposit the monies in the corporate fund of
        the park district or municipality where the
        inter-track wagering location is located, to be used
        for general purposes; and
            One-seventh to the Agricultural Premium Fund to be
        used for distribution to agricultural home economics
        extension councils in accordance with "An Act in
        relation to additional support and finances for the
        Agricultural and Home Economic Extension Councils in
        the several counties of this State and making an
        appropriation therefor", approved July 24, 1967.
        Until January 1, 2000, all other monies paid into the
    Horse Racing Tax Allocation Fund pursuant to this paragraph
    (11) shall be allocated by appropriation as follows:
            Two-sevenths to the Department of Agriculture.
        Fifty percent of this two-sevenths shall be used to
        promote the Illinois horse racing and breeding
        industry, and shall be distributed by the Department of
        Agriculture upon the advice of a 9-member committee
        appointed by the Governor consisting of the following
        members: the Director of Agriculture, who shall serve
        as chairman; 2 representatives of organization
        licensees conducting thoroughbred race meetings in
        this State, recommended by those licensees; 2
        representatives of organization licensees conducting
        standardbred race meetings in this State, recommended
        by those licensees; a representative of the Illinois
        Thoroughbred Breeders and Owners Foundation,
        recommended by that Foundation; a representative of
        the Illinois Standardbred Owners and Breeders
        Association, recommended by that Association; a
        representative of the Horsemen's Benevolent and
        Protective Association or any successor organization
        thereto established in Illinois comprised of the
        largest number of owners and trainers, recommended by
        that Association or that successor organization; and a
        representative of the Illinois Harness Horsemen's
        Association, recommended by that Association.
        Committee members shall serve for terms of 2 years,
        commencing January 1 of each even-numbered year. If a
        representative of any of the above-named entities has
        not been recommended by January 1 of any even-numbered
        year, the Governor shall appoint a committee member to
        fill that position. Committee members shall receive no
        compensation for their services as members but shall be
        reimbursed for all actual and necessary expenses and
        disbursements incurred in the performance of their
        official duties. The remaining 50% of this
        two-sevenths shall be distributed to county fairs for
        premiums and rehabilitation as set forth in the
        Agricultural Fair Act;
            Four-sevenths to museums and aquariums located in
        park districts of over 500,000 population; provided
        that the monies are distributed in accordance with the
        previous year's distribution of the maintenance tax
        for such museums and aquariums as provided in Section 2
        of the Park District Aquarium and Museum Act; and
            One-seventh to the Agricultural Premium Fund to be
        used for distribution to agricultural home economics
        extension councils in accordance with "An Act in
        relation to additional support and finances for the
        Agricultural and Home Economic Extension Councils in
        the several counties of this State and making an
        appropriation therefor", approved July 24, 1967. This
        subparagraph (C) shall be inoperative and of no force
        and effect on and after January 1, 2000.
            (D) Except as provided in paragraph (11) of this
        subsection (h), with respect to purse allocation from
        inter-track wagering, the monies so retained shall be
        divided as follows:
                (i) If the inter-track wagering licensee,
            except an inter-track wagering licensee that
            derives its license from an organization licensee
            located in a county with a population in excess of
            230,000 and bounded by the Mississippi River, is
            not conducting its own race meeting during the same
            dates, then the entire purse allocation shall be to
            purses at the track where the races wagered on are
            being conducted.
                (ii) If the inter-track wagering licensee,
            except an inter-track wagering licensee that
            derives its license from an organization licensee
            located in a county with a population in excess of
            230,000 and bounded by the Mississippi River, is
            also conducting its own race meeting during the
            same dates, then the purse allocation shall be as
            follows: 50% to purses at the track where the races
            wagered on are being conducted; 50% to purses at
            the track where the inter-track wagering licensee
            is accepting such wagers.
                (iii) If the inter-track wagering is being
            conducted by an inter-track wagering location
            licensee, except an inter-track wagering location
            licensee that derives its license from an
            organization licensee located in a county with a
            population in excess of 230,000 and bounded by the
            Mississippi River, the entire purse allocation for
            Illinois races shall be to purses at the track
            where the race meeting being wagered on is being
            held.
        (12) The Board shall have all powers necessary and
    proper to fully supervise and control the conduct of
    inter-track wagering and simulcast wagering by inter-track
    wagering licensees and inter-track wagering location
    licensees, including, but not limited to the following:
            (A) The Board is vested with power to promulgate
        reasonable rules and regulations for the purpose of
        administering the conduct of this wagering and to
        prescribe reasonable rules, regulations and conditions
        under which such wagering shall be held and conducted.
        Such rules and regulations are to provide for the
        prevention of practices detrimental to the public
        interest and for the best interests of said wagering
        and to impose penalties for violations thereof.
            (B) The Board, and any person or persons to whom it
        delegates this power, is vested with the power to enter
        the facilities of any licensee to determine whether
        there has been compliance with the provisions of this
        Act and the rules and regulations relating to the
        conduct of such wagering.
            (C) The Board, and any person or persons to whom it
        delegates this power, may eject or exclude from any
        licensee's facilities, any person whose conduct or
        reputation is such that his presence on such premises
        may, in the opinion of the Board, call into the
        question the honesty and integrity of, or interfere
        with the orderly conduct of such wagering; provided,
        however, that no person shall be excluded or ejected
        from such premises solely on the grounds of race,
        color, creed, national origin, ancestry, or sex.
            (D) (Blank).
            (E) The Board is vested with the power to appoint
        delegates to execute any of the powers granted to it
        under this Section for the purpose of administering
        this wagering and any rules and regulations
        promulgated in accordance with this Act.
            (F) The Board shall name and appoint a State
        director of this wagering who shall be a representative
        of the Board and whose duty it shall be to supervise
        the conduct of inter-track wagering as may be provided
        for by the rules and regulations of the Board; such
        rules and regulation shall specify the method of
        appointment and the Director's powers, authority and
        duties.
            (G) The Board is vested with the power to impose
        civil penalties of up to $5,000 against individuals and
        up to $10,000 against licensees for each violation of
        any provision of this Act relating to the conduct of
        this wagering, any rules adopted by the Board, any
        order of the Board or any other action which in the
        Board's discretion, is a detriment or impediment to
        such wagering.
        (13) The Department of Agriculture may enter into
    agreements with licensees authorizing such licensees to
    conduct inter-track wagering on races to be held at the
    licensed race meetings conducted by the Department of
    Agriculture. Such agreement shall specify the races of the
    Department of Agriculture's licensed race meeting upon
    which the licensees will conduct wagering. In the event
    that a licensee conducts inter-track pari-mutuel wagering
    on races from the Illinois State Fair or DuQuoin State Fair
    which are in addition to the licensee's previously approved
    racing program, those races shall be considered a separate
    racing day for the purpose of determining the daily handle
    and computing the privilege or pari-mutuel tax on that
    daily handle as provided in Sections 27 and 27.1. Such
    agreements shall be approved by the Board before such
    wagering may be conducted. In determining whether to grant
    approval, the Board shall give due consideration to the
    best interests of the public and of horse racing. The
    provisions of paragraphs (1), (8), (8.1), and (8.2) of
    subsection (h) of this Section which are not specified in
    this paragraph (13) shall not apply to licensed race
    meetings conducted by the Department of Agriculture at the
    Illinois State Fair in Sangamon County or the DuQuoin State
    Fair in Perry County, or to any wagering conducted on those
    race meetings.
        (14) An inter-track wagering location license
    authorized by the Board in 2016 that is owned and operated
    by a race track in Rock Island County shall be transferred
    to a commonly owned race track in Cook County on August 12,
    2016 (the effective date of Public Act 99-757). The
    licensee shall retain its status in relation to purse
    distribution under paragraph (11) of this subsection (h)
    following the transfer to the new entity. The pari-mutuel
    tax credit under Section 32.1 shall not be applied toward
    any pari-mutuel tax obligation of the inter-track wagering
    location licensee of the license that is transferred under
    this paragraph (14).
    (i) Notwithstanding the other provisions of this Act, the
conduct of wagering at wagering facilities is authorized on all
days, except as limited by subsection (b) of Section 19 of this
Act.
(Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;
100-201, eff. 8-18-17; 100-627, eff. 7-20-18; 100-1152, eff.
12-14-18; revised 1-13-19.)
 
    (230 ILCS 5/26.7)
    Sec. 26.7. Advance Advanced deposit wagering surcharge.
Beginning on August 26, 2012, each advance deposit wagering
licensee shall impose a surcharge of 0.18% on winning wagers
and winnings from wagers placed through advance deposit
wagering. The surcharge shall be deducted from winnings prior
to payout. Amounts derived from a surcharge imposed under this
Section shall be paid to the standardbred purse accounts of
organization licensees conducting standardbred racing.
(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13;
revised 10-22-18.)
 
    Section 560. The Liquor Control Act of 1934 is amended by
changing Sections 3-12, 5-1, 6-4, and 6-11 as follows:
 
    (235 ILCS 5/3-12)
    Sec. 3-12. Powers and duties of State Commission.
    (a) The State Commission shall have the following powers,
functions, and duties:
        (1) To receive applications and to issue licenses to
    manufacturers, foreign importers, importing distributors,
    distributors, non-resident dealers, on premise consumption
    retailers, off premise sale retailers, special event
    retailer licensees, special use permit licenses, auction
    liquor licenses, brew pubs, caterer retailers,
    non-beverage users, railroads, including owners and
    lessees of sleeping, dining and cafe cars, airplanes,
    boats, brokers, and wine maker's premises licensees in
    accordance with the provisions of this Act, and to suspend
    or revoke such licenses upon the State Commission's
    determination, upon notice after hearing, that a licensee
    has violated any provision of this Act or any rule or
    regulation issued pursuant thereto and in effect for 30
    days prior to such violation. Except in the case of an
    action taken pursuant to a violation of Section 6-3, 6-5,
    or 6-9, any action by the State Commission to suspend or
    revoke a licensee's license may be limited to the license
    for the specific premises where the violation occurred. An
    action for a violation of this Act shall be commenced by
    the State Commission within 2 years after the date the
    State Commission becomes aware of the violation.
        In lieu of suspending or revoking a license, the
    commission may impose a fine, upon the State Commission's
    determination and notice after hearing, that a licensee has
    violated any provision of this Act or any rule or
    regulation issued pursuant thereto and in effect for 30
    days prior to such violation.
        For the purpose of this paragraph (1), when determining
    multiple violations for the sale of alcohol to a person
    under the age of 21, a second or subsequent violation for
    the sale of alcohol to a person under the age of 21 shall
    only be considered if it was committed within 5 years after
    the date when a prior violation for the sale of alcohol to
    a person under the age of 21 was committed.
        The fine imposed under this paragraph may not exceed
    $500 for each violation. Each day that the activity, which
    gave rise to the original fine, continues is a separate
    violation. The maximum fine that may be levied against any
    licensee, for the period of the license, shall not exceed
    $20,000. The maximum penalty that may be imposed on a
    licensee for selling a bottle of alcoholic liquor with a
    foreign object in it or serving from a bottle of alcoholic
    liquor with a foreign object in it shall be the destruction
    of that bottle of alcoholic liquor for the first 10 bottles
    so sold or served from by the licensee. For the eleventh
    bottle of alcoholic liquor and for each third bottle
    thereafter sold or served from by the licensee with a
    foreign object in it, the maximum penalty that may be
    imposed on the licensee is the destruction of the bottle of
    alcoholic liquor and a fine of up to $50.
        Any notice issued by the State Commission to a licensee
    for a violation of this Act or any notice with respect to
    settlement or offer in compromise shall include the field
    report, photographs, and any other supporting
    documentation necessary to reasonably inform the licensee
    of the nature and extent of the violation or the conduct
    alleged to have occurred. The failure to include such
    required documentation shall result in the dismissal of the
    action.
        (2) To adopt such rules and regulations consistent with
    the provisions of this Act which shall be necessary to
    carry on its functions and duties to the end that the
    health, safety and welfare of the People of the State of
    Illinois shall be protected and temperance in the
    consumption of alcoholic liquors shall be fostered and
    promoted and to distribute copies of such rules and
    regulations to all licensees affected thereby.
        (3) To call upon other administrative departments of
    the State, county and municipal governments, county and
    city police departments and upon prosecuting officers for
    such information and assistance as it deems necessary in
    the performance of its duties.
        (4) To recommend to local commissioners rules and
    regulations, not inconsistent with the law, for the
    distribution and sale of alcoholic liquors throughout the
    State.
        (5) To inspect, or cause to be inspected, any premises
    in this State where alcoholic liquors are manufactured,
    distributed, warehoused, or sold. Nothing in this Act
    authorizes an agent of the Commission to inspect private
    areas within the premises without reasonable suspicion or a
    warrant during an inspection. "Private areas" include, but
    are not limited to, safes, personal property, and closed
    desks.
        (5.1) Upon receipt of a complaint or upon having
    knowledge that any person is engaged in business as a
    manufacturer, importing distributor, distributor, or
    retailer without a license or valid license, to notify the
    local liquor authority, file a complaint with the State's
    Attorney's Office of the county where the incident
    occurred, or initiate an investigation with the
    appropriate law enforcement officials.
        (5.2) To issue a cease and desist notice to persons
    shipping alcoholic liquor into this State from a point
    outside of this State if the shipment is in violation of
    this Act.
        (5.3) To receive complaints from licensees, local
    officials, law enforcement agencies, organizations, and
    persons stating that any licensee has been or is violating
    any provision of this Act or the rules and regulations
    issued pursuant to this Act. Such complaints shall be in
    writing, signed and sworn to by the person making the
    complaint, and shall state with specificity the facts in
    relation to the alleged violation. If the Commission has
    reasonable grounds to believe that the complaint
    substantially alleges a violation of this Act or rules and
    regulations adopted pursuant to this Act, it shall conduct
    an investigation. If, after conducting an investigation,
    the Commission is satisfied that the alleged violation did
    occur, it shall proceed with disciplinary action against
    the licensee as provided in this Act.
        (6) To hear and determine appeals from orders of a
    local commission in accordance with the provisions of this
    Act, as hereinafter set forth. Hearings under this
    subsection shall be held in Springfield or Chicago, at
    whichever location is the more convenient for the majority
    of persons who are parties to the hearing.
        (7) The commission shall establish uniform systems of
    accounts to be kept by all retail licensees having more
    than 4 employees, and for this purpose the commission may
    classify all retail licensees having more than 4 employees
    and establish a uniform system of accounts for each class
    and prescribe the manner in which such accounts shall be
    kept. The commission may also prescribe the forms of
    accounts to be kept by all retail licensees having more
    than 4 employees, including but not limited to accounts of
    earnings and expenses and any distribution, payment, or
    other distribution of earnings or assets, and any other
    forms, records and memoranda which in the judgment of the
    commission may be necessary or appropriate to carry out any
    of the provisions of this Act, including but not limited to
    such forms, records and memoranda as will readily and
    accurately disclose at all times the beneficial ownership
    of such retail licensed business. The accounts, forms,
    records and memoranda shall be available at all reasonable
    times for inspection by authorized representatives of the
    State Commission or by any local liquor control
    commissioner or his or her authorized representative. The
    commission, may, from time to time, alter, amend or repeal,
    in whole or in part, any uniform system of accounts, or the
    form and manner of keeping accounts.
        (8) In the conduct of any hearing authorized to be held
    by the commission, to appoint, at the commission's
    discretion, hearing officers to conduct hearings involving
    complex issues or issues that will require a protracted
    period of time to resolve, to examine, or cause to be
    examined, under oath, any licensee, and to examine or cause
    to be examined the books and records of such licensee; to
    hear testimony and take proof material for its information
    in the discharge of its duties hereunder; to administer or
    cause to be administered oaths; for any such purpose to
    issue subpoena or subpoenas to require the attendance of
    witnesses and the production of books, which shall be
    effective in any part of this State, and to adopt rules to
    implement its powers under this paragraph (8).
        Any circuit court may by order duly entered, require
    the attendance of witnesses and the production of relevant
    books subpoenaed by the State Commission and the court may
    compel obedience to its order by proceedings for contempt.
        (9) To investigate the administration of laws in
    relation to alcoholic liquors in this and other states and
    any foreign countries, and to recommend from time to time
    to the Governor and through him or her to the legislature
    of this State, such amendments to this Act, if any, as it
    may think desirable and as will serve to further the
    general broad purposes contained in Section 1-2 hereof.
        (10) To adopt such rules and regulations consistent
    with the provisions of this Act which shall be necessary
    for the control, sale or disposition of alcoholic liquor
    damaged as a result of an accident, wreck, flood, fire or
    other similar occurrence.
        (11) To develop industry educational programs related
    to responsible serving and selling, particularly in the
    areas of overserving consumers and illegal underage
    purchasing and consumption of alcoholic beverages.
        (11.1) To license persons providing education and
    training to alcohol beverage sellers and servers for
    mandatory and non-mandatory training under the Beverage
    Alcohol Sellers and Servers Education and Training
    (BASSET) programs and to develop and administer a public
    awareness program in Illinois to reduce or eliminate the
    illegal purchase and consumption of alcoholic beverage
    products by persons under the age of 21. Application for a
    license shall be made on forms provided by the State
    Commission.
        (12) To develop and maintain a repository of license
    and regulatory information.
        (13) (Blank).
        (14) On or before April 30, 2008 and every 2 years
    thereafter, the Commission shall present a written report
    to the Governor and the General Assembly that shall be
    based on a study of the impact of Public Act 95-634 on the
    business of soliciting, selling, and shipping wine from
    inside and outside of this State directly to residents of
    this State. As part of its report, the Commission shall
    provide all of the following information:
            (A) The amount of State excise and sales tax
        revenues generated.
            (B) The amount of licensing fees received.
            (C) The number of cases of wine shipped from inside
        and outside of this State directly to residents of this
        State.
            (D) The number of alcohol compliance operations
        conducted.
            (E) The number of winery shipper's licenses
        issued.
            (F) The number of each of the following: reported
        violations; cease and desist notices issued by the
        Commission; notices of violations issued by the
        Commission and to the Department of Revenue; and
        notices and complaints of violations to law
        enforcement officials, including, without limitation,
        the Illinois Attorney General and the U.S. Department
        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
        (15) As a means to reduce the underage consumption of
    alcoholic liquors, the Commission shall conduct alcohol
    compliance operations to investigate whether businesses
    that are soliciting, selling, and shipping wine from inside
    or outside of this State directly to residents of this
    State are licensed by this State or are selling or
    attempting to sell wine to persons under 21 years of age in
    violation of this Act.
        (16) The Commission shall, in addition to notifying any
    appropriate law enforcement agency, submit notices of
    complaints or violations of Sections 6-29 and 6-29.1 by
    persons who do not hold a winery shipper's license under
    this Act to the Illinois Attorney General and to the U.S.
    Department of Treasury's Alcohol and Tobacco Tax and Trade
    Bureau.
        (17)(A) A person licensed to make wine under the laws
    of another state who has a winery shipper's license under
    this Act and annually produces less than 25,000 gallons of
    wine or a person who has a first-class or second-class wine
    manufacturer's license, a first-class or second-class
    wine-maker's license, or a limited wine manufacturer's
    license under this Act and annually produces less than
    25,000 gallons of wine may make application to the
    Commission for a self-distribution exemption to allow the
    sale of not more than 5,000 gallons of the exemption
    holder's wine to retail licensees per year.
        (B) In the application, which shall be sworn under
    penalty of perjury, such person shall state (1) the date it
    was established; (2) its volume of production and sales for
    each year since its establishment; (3) its efforts to
    establish distributor relationships; (4) that a
    self-distribution exemption is necessary to facilitate the
    marketing of its wine; and (5) that it will comply with the
    liquor and revenue laws of the United States, this State,
    and any other state where it is licensed.
        (C) The Commission shall approve the application for a
    self-distribution exemption if such person: (1) is in
    compliance with State revenue and liquor laws; (2) is not a
    member of any affiliated group that produces more than
    25,000 gallons of wine per annum or produces any other
    alcoholic liquor; (3) will not annually produce for sale
    more than 25,000 gallons of wine; and (4) will not annually
    sell more than 5,000 gallons of its wine to retail
    licensees.
        (D) A self-distribution exemption holder shall
    annually certify to the Commission its production of wine
    in the previous 12 months and its anticipated production
    and sales for the next 12 months. The Commission may fine,
    suspend, or revoke a self-distribution exemption after a
    hearing if it finds that the exemption holder has made a
    material misrepresentation in its application, violated a
    revenue or liquor law of Illinois, exceeded production of
    25,000 gallons of wine in any calendar year, or become part
    of an affiliated group producing more than 25,000 gallons
    of wine or any other alcoholic liquor.
        (E) Except in hearings for violations of this Act or
    Public Act 95-634 or a bona fide investigation by duly
    sworn law enforcement officials, the Commission, or its
    agents, the Commission shall maintain the production and
    sales information of a self-distribution exemption holder
    as confidential and shall not release such information to
    any person.
        (F) The Commission shall issue regulations governing
    self-distribution exemptions consistent with this Section
    and this Act.
        (G) Nothing in this paragraph subsection (17) shall
    prohibit a self-distribution exemption holder from
    entering into or simultaneously having a distribution
    agreement with a licensed Illinois distributor.
        (H) It is the intent of this paragraph subsection (17)
    to promote and continue orderly markets. The General
    Assembly finds that in order to preserve Illinois'
    regulatory distribution system it is necessary to create an
    exception for smaller makers of wine as their wines are
    frequently adjusted in varietals, mixes, vintages, and
    taste to find and create market niches sometimes too small
    for distributor or importing distributor business
    strategies. Limited self-distribution rights will afford
    and allow smaller makers of wine access to the marketplace
    in order to develop a customer base without impairing the
    integrity of the 3-tier system.
        (18)(A) A class 1 brewer licensee, who must also be
    either a licensed brewer or licensed non-resident dealer
    and annually manufacture less than 930,000 gallons of beer,
    may make application to the State Commission for a
    self-distribution exemption to allow the sale of not more
    than 232,500 gallons of the exemption holder's beer per
    year to retail licensees and to brewers, class 1 brewers,
    and class 2 brewers that, pursuant to subsection (e) of
    Section 6-4 of this Act, sell beer, cider, or both beer and
    cider to non-licensees at their breweries.
        (B) In the application, which shall be sworn under
    penalty of perjury, the class 1 brewer licensee shall state
    (1) the date it was established; (2) its volume of beer
    manufactured and sold for each year since its
    establishment; (3) its efforts to establish distributor
    relationships; (4) that a self-distribution exemption is
    necessary to facilitate the marketing of its beer; and (5)
    that it will comply with the alcoholic beverage and revenue
    laws of the United States, this State, and any other state
    where it is licensed.
        (C) Any application submitted shall be posted on the
    State Commission's website at least 45 days prior to action
    by the State Commission. The State Commission shall approve
    the application for a self-distribution exemption if the
    class 1 brewer licensee: (1) is in compliance with the
    State, revenue, and alcoholic beverage laws; (2) is not a
    member of any affiliated group that manufactures more than
    930,000 gallons of beer per annum or produces any other
    alcoholic beverages; (3) shall not annually manufacture
    for sale more than 930,000 gallons of beer; (4) shall not
    annually sell more than 232,500 gallons of its beer to
    retail licensees or to brewers, class 1 brewers, and class
    2 brewers that, pursuant to subsection (e) of Section 6-4
    of this Act, sell beer, cider, or both beer and cider to
    non-licensees at their breweries; and (5) has relinquished
    any brew pub license held by the licensee, including any
    ownership interest it held in the licensed brew pub.
        (D) A self-distribution exemption holder shall
    annually certify to the State Commission its manufacture of
    beer during the previous 12 months and its anticipated
    manufacture and sales of beer for the next 12 months. The
    State Commission may fine, suspend, or revoke a
    self-distribution exemption after a hearing if it finds
    that the exemption holder has made a material
    misrepresentation in its application, violated a revenue
    or alcoholic beverage law of Illinois, exceeded the
    manufacture of 930,000 gallons of beer in any calendar year
    or became part of an affiliated group manufacturing more
    than 930,000 gallons of beer or any other alcoholic
    beverage.
        (E) The State Commission shall issue rules and
    regulations governing self-distribution exemptions
    consistent with this Act.
        (F) Nothing in this paragraph (18) shall prohibit a
    self-distribution exemption holder from entering into or
    simultaneously having a distribution agreement with a
    licensed Illinois importing distributor or a distributor.
    If a self-distribution exemption holder enters into a
    distribution agreement and has assigned distribution
    rights to an importing distributor or distributor, then the
    self-distribution exemption holder's distribution rights
    in the assigned territories shall cease in a reasonable
    time not to exceed 60 days.
        (G) It is the intent of this paragraph (18) to promote
    and continue orderly markets. The General Assembly finds
    that in order to preserve Illinois' regulatory
    distribution system, it is necessary to create an exception
    for smaller manufacturers in order to afford and allow such
    smaller manufacturers of beer access to the marketplace in
    order to develop a customer base without impairing the
    integrity of the 3-tier system.
    (b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General
Assembly that shall be based on a study of the impact of Public
Act 90-739 on the business of soliciting, selling, and shipping
alcoholic liquor from outside of this State directly to
residents of this State.
    As part of its report, the Commission shall provide the
following information:
        (i) the amount of State excise and sales tax revenues
    generated as a result of Public Act 90-739;
        (ii) the amount of licensing fees received as a result
    of Public Act 90-739;
        (iii) the number of reported violations, the number of
    cease and desist notices issued by the Commission, the
    number of notices of violations issued to the Department of
    Revenue, and the number of notices and complaints of
    violations to law enforcement officials.
(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
100-134, eff. 8-18-17; 100-201, eff. 8-18-17; 100-816, eff.
8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. 8-23-18;
revised 10-24-18.)
 
    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
    Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
    (a) Manufacturer's license - Class 1. Distiller, Class 2.
Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
First Class Winemaker, Class 7. Second Class Winemaker, Class
8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
10. Class 1 Brewer, Class 11. Class 2 Brewer,
    (b) Distributor's license,
    (c) Importing Distributor's license,
    (d) Retailer's license,
    (e) Special Event Retailer's license (not-for-profit),
    (f) Railroad license,
    (g) Boat license,
    (h) Non-Beverage User's license,
    (i) Wine-maker's premises license,
    (j) Airplane license,
    (k) Foreign importer's license,
    (l) Broker's license,
    (m) Non-resident dealer's license,
    (n) Brew Pub license,
    (o) Auction liquor license,
    (p) Caterer retailer license,
    (q) Special use permit license,
    (r) Winery shipper's license,
    (s) Craft distiller tasting permit,
    (t) Brewer warehouse permit.
    No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine
may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's license.
    (a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of
alcoholic liquor to persons without the State, as may be
permitted by law and to licensees in this State as follows:
    Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
    Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
    Class 3. A Brewer may make sales and deliveries of beer to
importing distributors and distributors and may make sales as
authorized under subsection (e) of Section 6-4 of this Act.
    Class 4. A first class wine-manufacturer may make sales and
deliveries of up to 50,000 gallons of wine to manufacturers,
importing distributors and distributors, and to no other
licensees.
    Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
    Class 6. A first-class wine-maker's license shall allow the
manufacture of up to 50,000 gallons of wine per year, and the
storage and sale of such wine to distributors in the State and
to persons without the State, as may be permitted by law. A
person who, prior to June 1, 2008 (the effective date of Public
Act 95-634), is a holder of a first-class wine-maker's license
and annually produces more than 25,000 gallons of its own wine
and who distributes its wine to licensed retailers shall cease
this practice on or before July 1, 2008 in compliance with
Public Act 95-634.
    Class 7. A second-class wine-maker's license shall allow
the manufacture of between 50,000 and 150,000 gallons of wine
per year, and the storage and sale of such wine to distributors
in this State and to persons without the State, as may be
permitted by law. A person who, prior to June 1, 2008 (the
effective date of Public Act 95-634), is a holder of a
second-class wine-maker's license and annually produces more
than 25,000 gallons of its own wine and who distributes its
wine to licensed retailers shall cease this practice on or
before July 1, 2008 in compliance with Public Act 95-634.
    Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
    Class 9. A craft distiller license shall allow the
manufacture of up to 100,000 gallons of spirits by distillation
per year and the storage of such spirits. If a craft distiller
licensee, including a craft distiller licensee who holds more
than one craft distiller license, is not affiliated with any
other manufacturer of spirits, then the craft distiller
licensee may sell such spirits to distributors in this State
and up to 2,500 gallons of such spirits to non-licensees to the
extent permitted by any exemption approved by the Commission
pursuant to Section 6-4 of this Act. A craft distiller license
holder may store such spirits at a non-contiguous licensed
location, but at no time shall a craft distiller license holder
directly or indirectly produce in the aggregate more than
100,000 gallons of spirits per year.
    A craft distiller licensee may hold more than one craft
distiller's license. However, a craft distiller that holds more
than one craft distiller license shall not manufacture, in the
aggregate, more than 100,000 gallons of spirits by distillation
per year and shall not sell, in the aggregate, more than 2,500
gallons of such spirits to non-licensees in accordance with an
exemption approved by the State Commission pursuant to Section
6-4 of this Act.
    Any craft distiller licensed under this Act who on July 28,
2010 (the effective date of Public Act 96-1367) was licensed as
a distiller and manufactured no more spirits than permitted by
this Section shall not be required to pay the initial licensing
fee.
    Class 10. A class 1 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 930,000 gallons of beer
per year provided that the class 1 brewer licensee does not
manufacture more than a combined 930,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 930,000
gallons of beer per year or any other alcoholic liquor. A class
1 brewer licensee may make sales and deliveries to importing
distributors and distributors and to retail licensees in
accordance with the conditions set forth in paragraph (18) of
subsection (a) of Section 3-12 of this Act. If the State
Commission provides prior approval, a class 1 brewer may
annually transfer up to 930,000 gallons of beer manufactured by
that class 1 brewer to the premises of a licensed class 1
brewer wholly owned and operated by the same licensee.
    Class 11. A class 2 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 3,720,000 gallons of beer
per year provided that the class 2 brewer licensee does not
manufacture more than a combined 3,720,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 3,720,000
gallons of beer per year or any other alcoholic liquor. A class
2 brewer licensee may make sales and deliveries to importing
distributors and distributors, but shall not make sales or
deliveries to any other licensee. If the State Commission
provides prior approval, a class 2 brewer licensee may annually
transfer up to 3,720,000 gallons of beer manufactured by that
class 2 brewer licensee to the premises of a licensed class 2
brewer wholly owned and operated by the same licensee.
    A class 2 brewer may transfer beer to a brew pub wholly
owned and operated by the class 2 brewer subject to the
following limitations and restrictions: (i) the transfer shall
not annually exceed more than 31,000 gallons; (ii) the annual
amount transferred shall reduce the brew pub's annual permitted
production limit; (iii) all beer transferred shall be subject
to Article VIII of this Act; (iv) a written record shall be
maintained by the brewer and brew pub specifying the amount,
date of delivery, and receipt of the product by the brew pub;
and (v) the brew pub shall be located no farther than 80 miles
from the class 2 brewer's licensed location.
    A class 2 brewer shall, prior to transferring beer to a
brew pub wholly owned by the class 2 brewer, furnish a written
notice to the State Commission of intent to transfer beer
setting forth the name and address of the brew pub and shall
annually submit to the State Commission a verified report
identifying the total gallons of beer transferred to the brew
pub wholly owned by the class 2 brewer.
    (a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor to licensed
distributors or importing distributors and which enlists
agents, representatives, or individuals acting on its behalf
who contact licensed retailers on a regular and continual basis
in this State must register those agents, representatives, or
persons acting on its behalf with the State Commission.
    Registration of agents, representatives, or persons acting
on behalf of a manufacturer is fulfilled by submitting a form
to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be deemed
material, and any person who knowingly misstates any material
fact under oath in an application is guilty of a Class B
misdemeanor. Fraud, misrepresentation, false statements,
misleading statements, evasions, or suppression of material
facts in the securing of a registration are grounds for
suspension or revocation of the registration. The State
Commission shall post a list of registered agents on the
Commission's website.
    (b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of alcoholic
liquors to licensees in this State and to persons without the
State, as may be permitted by law, and the sale of beer, cider,
or both beer and cider to brewers, class 1 brewers, and class 2
brewers that, pursuant to subsection (e) of Section 6-4 of this
Act, sell beer, cider, or both beer and cider to non-licensees
at their breweries. No person licensed as a distributor shall
be granted a non-resident dealer's license.
    (c) An importing distributor's license may be issued to and
held by those only who are duly licensed distributors, upon the
filing of an application by a duly licensed distributor, with
the Commission and the Commission shall, without the payment of
any fee, immediately issue such importing distributor's
license to the applicant, which shall allow the importation of
alcoholic liquor by the licensee into this State from any point
in the United States outside this State, and the purchase of
alcoholic liquor in barrels, casks or other bulk containers and
the bottling of such alcoholic liquors before resale thereof,
but all bottles or containers so filled shall be sealed,
labeled, stamped and otherwise made to comply with all
provisions, rules and regulations governing manufacturers in
the preparation and bottling of alcoholic liquors. The
importing distributor's license shall permit such licensee to
purchase alcoholic liquor from Illinois licensed non-resident
dealers and foreign importers only. No person licensed as an
importing distributor shall be granted a non-resident dealer's
license.
    (d) A retailer's license shall allow the licensee to sell
and offer for sale at retail, only in the premises specified in
the license, alcoholic liquor for use or consumption, but not
for resale in any form. Nothing in Public Act 95-634 shall
deny, limit, remove, or restrict the ability of a holder of a
retailer's license to transfer, deliver, or ship alcoholic
liquor to the purchaser for use or consumption subject to any
applicable local law or ordinance. Any retail license issued to
a manufacturer shall only permit the manufacturer to sell beer
at retail on the premises actually occupied by the
manufacturer. For the purpose of further describing the type of
business conducted at a retail licensed premises, a retailer's
licensee may be designated by the State Commission as (i) an on
premise consumption retailer, (ii) an off premise sale
retailer, or (iii) a combined on premise consumption and off
premise sale retailer.
    Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a special
event retailer licensee for resale to the extent permitted
under subsection (e).
    (e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from an
Illinois licensed distributor (unless the licensee purchases
less than $500 of alcoholic liquors for the special event, in
which case the licensee may purchase the alcoholic liquors from
a licensed retailer) and shall allow the licensee to sell and
offer for sale, at retail, alcoholic liquors for use or
consumption, but not for resale in any form and only at the
location and on the specific dates designated for the special
event in the license. An applicant for a special event retailer
license must (i) furnish with the application: (A) a resale
number issued under Section 2c of the Retailers' Occupation Tax
Act or evidence that the applicant is registered under Section
2a of the Retailers' Occupation Tax Act, (B) a current, valid
exemption identification number issued under Section 1g of the
Retailers' Occupation Tax Act, and a certification to the
Commission that the purchase of alcoholic liquors will be a
tax-exempt purchase, or (C) a statement that the applicant is
not registered under Section 2a of the Retailers' Occupation
Tax Act, does not hold a resale number under Section 2c of the
Retailers' Occupation Tax Act, and does not hold an exemption
number under Section 1g of the Retailers' Occupation Tax Act,
in which event the Commission shall set forth on the special
event retailer's license a statement to that effect; (ii)
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop liability
insurance in the maximum limits; and (iii) show proof
satisfactory to the State Commission that the applicant has
obtained local authority approval.
    Nothing in this Act prohibits an Illinois licensed
distributor from offering credit or a refund for unused,
salable alcoholic liquors to a holder of a special event
retailer's license or from the special event retailer's
licensee from accepting the credit or refund of alcoholic
liquors at the conclusion of the event specified in the
license.
    (f) A railroad license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on a club, buffet, lounge or dining car
operated on an electric, gas or steam railway in this State;
and provided further, that railroad licensees exercising the
above powers shall be subject to all provisions of Article VIII
of this Act as applied to importing distributors. A railroad
license shall also permit the licensee to sell or dispense
alcoholic liquors on any club, buffet, lounge or dining car
operated on an electric, gas or steam railway regularly
operated by a common carrier in this State, but shall not
permit the sale for resale of any alcoholic liquors to any
licensee within this State. A license shall be obtained for
each car in which such sales are made.
    (g) A boat license shall allow the sale of alcoholic liquor
in individual drinks, on any passenger boat regularly operated
as a common carrier on navigable waters in this State or on any
riverboat operated under the Riverboat Gambling Act, which boat
or riverboat maintains a public dining room or restaurant
thereon.
    (h) A non-beverage user's license shall allow the licensee
to purchase alcoholic liquor from a licensed manufacturer or
importing distributor, without the imposition of any tax upon
the business of such licensed manufacturer or importing
distributor as to such alcoholic liquor to be used by such
licensee solely for the non-beverage purposes set forth in
subsection (a) of Section 8-1 of this Act, and such licenses
shall be divided and classified and shall permit the purchase,
possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed ......................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ...................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
    (i) A wine-maker's premises license shall allow a licensee
that concurrently holds a first-class wine-maker's license to
sell and offer for sale at retail in the premises specified in
such license not more than 50,000 gallons of the first-class
wine-maker's wine that is made at the first-class wine-maker's
licensed premises per year for use or consumption, but not for
resale in any form. A wine-maker's premises license shall allow
a licensee who concurrently holds a second-class wine-maker's
license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second-class wine-maker's wine that is made at the second-class
wine-maker's licensed premises per year for use or consumption
but not for resale in any form. A wine-maker's premises license
shall allow a licensee that concurrently holds a first-class
wine-maker's license or a second-class wine-maker's license to
sell and offer for sale at retail at the premises specified in
the wine-maker's premises license, for use or consumption but
not for resale in any form, any beer, wine, and spirits
purchased from a licensed distributor. Upon approval from the
State Commission, a wine-maker's premises license shall allow
the licensee to sell and offer for sale at (i) the wine-maker's
licensed premises and (ii) at up to 2 additional locations for
use and consumption and not for resale. Each location shall
require additional licensing per location as specified in
Section 5-3 of this Act. A wine-maker's premises licensee shall
secure liquor liability insurance coverage in an amount at
least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
    (j) An airplane license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on an airplane; and provided further, that
airplane licensees exercising the above powers shall be subject
to all provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also permit
the sale or dispensing of alcoholic liquors on any passenger
airplane regularly operated by a common carrier in this State,
but shall not permit the sale for resale of any alcoholic
liquors to any licensee within this State. A single airplane
license shall be required of an airline company if liquor
service is provided on board aircraft in this State. The annual
fee for such license shall be as determined in Section 5-3.
    (k) A foreign importer's license shall permit such licensee
to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor other
than in bulk from any point outside the United States and to
sell such alcoholic liquor to Illinois licensed importing
distributors and to no one else in Illinois; provided that (i)
the foreign importer registers with the State Commission every
brand of alcoholic liquor that it proposes to sell to Illinois
licensees during the license period, (ii) the foreign importer
complies with all of the provisions of Section 6-9 of this Act
with respect to registration of such Illinois licensees as may
be granted the right to sell such brands at wholesale, and
(iii) the foreign importer complies with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
    (l) (i) A broker's license shall be required of all persons
who solicit orders for, offer to sell or offer to supply
alcoholic liquor to retailers in the State of Illinois, or who
offer to retailers to ship or cause to be shipped or to make
contact with distillers, rectifiers, brewers or manufacturers
or any other party within or without the State of Illinois in
order that alcoholic liquors be shipped to a distributor,
importing distributor or foreign importer, whether such
solicitation or offer is consummated within or without the
State of Illinois.
    No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or offered
for sale to such retailer by a broker unless the broker is the
holder of a valid broker's license.
    The broker shall, upon the acceptance by a retailer of the
broker's solicitation of an order or offer to sell or supply or
deliver or have delivered alcoholic liquors, promptly forward
to the Illinois Liquor Control Commission a notification of
said transaction in such form as the Commission may by
regulations prescribe.
    (ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a fee
or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale, to
be shipped from this State and delivered to residents outside
of this State by an express company, common carrier, or
contract carrier. This Section does not apply to any person who
promotes, solicits, or accepts orders for wine as specifically
authorized in Section 6-29 of this Act.
    A broker's license under this subsection (l) shall not
entitle the holder to buy or sell any alcoholic liquors for his
own account or to take or deliver title to such alcoholic
liquors.
    This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
    Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section shall
not be eligible to receive a broker's license.
    (m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into this
State from any point outside of this State, and to sell such
alcoholic liquor to Illinois licensed foreign importers and
importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand of
alcoholic liquor which it proposes to sell to Illinois
licensees during the license period, (ii) it shall comply with
all of the provisions of Section 6-9 hereof with respect to
registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale by duly filing such
registration statement, thereby authorizing the non-resident
dealer to proceed to sell such brands at wholesale, and (iii)
the non-resident dealer shall comply with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers. No person licensed as a
non-resident dealer shall be granted a distributor's or
importing distributor's license.
    (n) A brew pub license shall allow the licensee to only (i)
manufacture up to 155,000 gallons of beer per year only on the
premises specified in the license, (ii) make sales of the beer
manufactured on the premises or, with the approval of the
Commission, beer manufactured on another brew pub licensed
premises that is wholly owned and operated by the same licensee
to importing distributors, distributors, and to non-licensees
for use and consumption, (iii) store the beer upon the
premises, (iv) sell and offer for sale at retail from the
licensed premises for off-premises consumption no more than
155,000 gallons per year so long as such sales are only made
in-person, (v) sell and offer for sale at retail for use and
consumption on the premises specified in the license any form
of alcoholic liquor purchased from a licensed distributor or
importing distributor, and (vi) with the prior approval of the
Commission, annually transfer no more than 155,000 gallons of
beer manufactured on the premises to a licensed brew pub wholly
owned and operated by the same licensee.
    A brew pub licensee shall not under any circumstance sell
or offer for sale beer manufactured by the brew pub licensee to
retail licensees.
    A person who holds a class 2 brewer license may
simultaneously hold a brew pub license if the class 2 brewer
(i) does not, under any circumstance, sell or offer for sale
beer manufactured by the class 2 brewer to retail licensees;
(ii) does not hold more than 3 brew pub licenses in this State;
(iii) does not manufacture more than a combined 3,720,000
gallons of beer per year, including the beer manufactured at
the brew pub; and (iv) is not a member of or affiliated with,
directly or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year or any other alcoholic
liquor.
    Notwithstanding any other provision of this Act, a licensed
brewer, class 2 brewer, or non-resident dealer who before July
1, 2015 manufactured less than 3,720,000 gallons of beer per
year and held a brew pub license on or before July 1, 2015 may
(i) continue to qualify for and hold that brew pub license for
the licensed premises and (ii) manufacture more than 3,720,000
gallons of beer per year and continue to qualify for and hold
that brew pub license if that brewer, class 2 brewer, or
non-resident dealer does not simultaneously hold a class 1
brewer license and is not a member of or affiliated with,
directly or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year or that produces any other
alcoholic liquor.
    (o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food service
that serves prepared meals which excludes the serving of snacks
as the primary meal, either on or off-site whether licensed or
unlicensed.
    (p) An auction liquor license shall allow the licensee to
sell and offer for sale at auction wine and spirits for use or
consumption, or for resale by an Illinois liquor licensee in
accordance with provisions of this Act. An auction liquor
license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the
State. An auction liquor license must be obtained for each
auction at least 14 days in advance of the auction date.
    (q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic liquor
inventory from its retail licensed premises to the premises
specified in the license hereby created, and to sell or offer
for sale at retail, only in the premises specified in the
license hereby created, the transferred alcoholic liquor for
use or consumption, but not for resale in any form. A special
use permit license may be granted for the following time
periods: one day or less; 2 or more days to a maximum of 15 days
per location in any 12-month period. An applicant for the
special use permit license must also submit with the
application proof satisfactory to the State Commission that the
applicant will provide dram shop liability insurance to the
maximum limits and have local authority approval.
    (r) A winery shipper's license shall allow a person with a
first-class or second-class wine manufacturer's license, a
first-class or second-class wine-maker's license, or a limited
wine manufacturer's license or who is licensed to make wine
under the laws of another state to ship wine made by that
licensee directly to a resident of this State who is 21 years
of age or older for that resident's personal use and not for
resale. Prior to receiving a winery shipper's license, an
applicant for the license must provide the Commission with a
true copy of its current license in any state in which it is
licensed as a manufacturer of wine. An applicant for a winery
shipper's license must also complete an application form that
provides any other information the Commission deems necessary.
The application form shall include all addresses from which the
applicant for a winery shipper's license intends to ship wine,
including the name and address of any third party, except for a
common carrier, authorized to ship wine on behalf of the
manufacturer. The application form shall include an
acknowledgement consenting to the jurisdiction of the
Commission, the Illinois Department of Revenue, and the courts
of this State concerning the enforcement of this Act and any
related laws, rules, and regulations, including authorizing
the Department of Revenue and the Commission to conduct audits
for the purpose of ensuring compliance with Public Act 95-634,
and an acknowledgement that the wine manufacturer is in
compliance with Section 6-2 of this Act. Any third party,
except for a common carrier, authorized to ship wine on behalf
of a first-class or second-class wine manufacturer's licensee,
a first-class or second-class wine-maker's licensee, a limited
wine manufacturer's licensee, or a person who is licensed to
make wine under the laws of another state shall also be
disclosed by the winery shipper's licensee, and a copy of the
written appointment of the third-party wine provider, except
for a common carrier, to the wine manufacturer shall be filed
with the State Commission as a supplement to the winery
shipper's license application or any renewal thereof. The
winery shipper's license holder shall affirm under penalty of
perjury, as part of the winery shipper's license application or
renewal, that he or she only ships wine, either directly or
indirectly through a third-party provider, from the licensee's
own production.
    Except for a common carrier, a third-party provider
shipping wine on behalf of a winery shipper's license holder is
the agent of the winery shipper's license holder and, as such,
a winery shipper's license holder is responsible for the acts
and omissions of the third-party provider acting on behalf of
the license holder. A third-party provider, except for a common
carrier, that engages in shipping wine into Illinois on behalf
of a winery shipper's license holder shall consent to the
jurisdiction of the State Commission and the State. Any
third-party, except for a common carrier, holding such an
appointment shall, by February 1 of each calendar year and upon
request by the State Commission or the Department of Revenue,
file with the State Commission a statement detailing each
shipment made to an Illinois resident. The statement shall
include the name and address of the third-party provider filing
the statement, the time period covered by the statement, and
the following information:
        (1) the name, address, and license number of the winery
    shipper on whose behalf the shipment was made;
        (2) the quantity of the products delivered; and
        (3) the date and address of the shipment.
If the Department of Revenue or the State Commission requests a
statement under this paragraph, the third-party provider must
provide that statement no later than 30 days after the request
is made. Any books, records, supporting papers, and documents
containing information and data relating to a statement under
this paragraph shall be kept and preserved for a period of 3
years, unless their destruction sooner is authorized, in
writing, by the Director of Revenue, and shall be open and
available to inspection by the Director of Revenue or the State
Commission or any duly authorized officer, agent, or employee
of the State Commission or the Department of Revenue, at all
times during business hours of the day. Any person who violates
any provision of this paragraph or any rule of the State
Commission for the administration and enforcement of the
provisions of this paragraph is guilty of a Class C
misdemeanor. In case of a continuing violation, each day's
continuance thereof shall be a separate and distinct offense.
    The State Commission shall adopt rules as soon as
practicable to implement the requirements of Public Act 99-904
and shall adopt rules prohibiting any such third-party
appointment of a third-party provider, except for a common
carrier, that has been deemed by the State Commission to have
violated the provisions of this Act with regard to any winery
shipper licensee.
    A winery shipper licensee must pay to the Department of
Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required
to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act, the
winery shipper's license shall be revoked in accordance with
the provisions of Article VII of this Act. If a licensee fails
to properly register and remit tax under the Use Tax Act or the
Retailers' Occupation Tax Act for all wine that is sold by the
winery shipper and shipped to persons in this State, the winery
shipper's license shall be revoked in accordance with the
provisions of Article VII of this Act.
    A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the total
number of cases per resident of wine shipped to residents of
this State. A winery shipper licensed under this subsection (r)
must comply with the requirements of Section 6-29 of this Act.
    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
Section 3-12, the State Commission may receive, respond to, and
investigate any complaint and impose any of the remedies
specified in paragraph (1) of subsection (a) of Section 3-12.
    As used in this subsection, "third-party provider" means
any entity that provides fulfillment house services, including
warehousing, packaging, distribution, order processing, or
shipment of wine, but not the sale of wine, on behalf of a
licensed winery shipper.
    (s) A craft distiller tasting permit license shall allow an
Illinois licensed craft distiller to transfer a portion of its
alcoholic liquor inventory from its craft distiller licensed
premises to the premises specified in the license hereby
created and to conduct a sampling, only in the premises
specified in the license hereby created, of the transferred
alcoholic liquor in accordance with subsection (c) of Section
6-31 of this Act. The transferred alcoholic liquor may not be
sold or resold in any form. An applicant for the craft
distiller tasting permit license must also submit with the
application proof satisfactory to the State Commission that the
applicant will provide dram shop liability insurance to the
maximum limits and have local authority approval.
    A brewer warehouse permit may be issued to the holder of a
class 1 brewer license or a class 2 brewer license. If the
holder of the permit is a class 1 brewer licensee, the brewer
warehouse permit shall allow the holder to store or warehouse
up to 930,000 gallons of tax-determined beer manufactured by
the holder of the permit at the premises specified on the
permit. If the holder of the permit is a class 2 brewer
licensee, the brewer warehouse permit shall allow the holder to
store or warehouse up to 3,720,000 gallons of tax-determined
beer manufactured by the holder of the permit at the premises
specified on the permit. Sales to non-licensees are prohibited
at the premises specified in the brewer warehouse permit.
(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16;
99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff.
1-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; 100-816,
eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. 8-23-18;
revised 10-2-18.)
 
    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
    Sec. 6-4. (a) No person licensed by any licensing authority
as a distiller, or a wine manufacturer, or any subsidiary or
affiliate thereof, or any officer, associate, member, partner,
representative, employee, agent or shareholder owning more
than 5% of the outstanding shares of such person shall be
issued an importing distributor's or distributor's license,
nor shall any person licensed by any licensing authority as an
importing distributor, distributor or retailer, or any
subsidiary or affiliate thereof, or any officer or associate,
member, partner, representative, employee, agent or
shareholder owning more than 5% of the outstanding shares of
such person be issued a distiller's license, a craft
distiller's license, or a wine manufacturer's license; and no
person or persons licensed as a distiller or craft distiller by
any licensing authority shall have any interest, directly or
indirectly, with such distributor or importing distributor.
    However, an importing distributor or distributor, which on
January 1, 1985 is owned by a brewer, or any subsidiary or
affiliate thereof or any officer, associate, member, partner,
representative, employee, agent or shareholder owning more
than 5% of the outstanding shares of the importing distributor
or distributor referred to in this paragraph, may own or
acquire an ownership interest of more than 5% of the
outstanding shares of a wine manufacturer and be issued a wine
manufacturer's license by any licensing authority.
    (b) The foregoing provisions shall not apply to any person
licensed by any licensing authority as a distiller or wine
manufacturer, or to any subsidiary or affiliate of any
distiller or wine manufacturer who shall have been heretofore
licensed by the State Commission as either an importing
distributor or distributor during the annual licensing period
expiring June 30, 1947, and shall actually have made sales
regularly to retailers.
    (c) Provided, however, that in such instances where a
distributor's or importing distributor's license has been
issued to any distiller or wine manufacturer or to any
subsidiary or affiliate of any distiller or wine manufacturer
who has, during the licensing period ending June 30, 1947, sold
or distributed as such licensed distributor or importing
distributor alcoholic liquors and wines to retailers, such
distiller or wine manufacturer or any subsidiary or affiliate
of any distiller or wine manufacturer holding such
distributor's or importing distributor's license may continue
to sell or distribute to retailers such alcoholic liquors and
wines which are manufactured, distilled, processed or marketed
by distillers and wine manufacturers whose products it sold or
distributed to retailers during the whole or any part of its
licensing periods; and such additional brands and additional
products may be added to the line of such distributor or
importing distributor, provided, that such brands and such
products were not sold or distributed by any distributor or
importing distributor licensed by the State Commission during
the licensing period ending June 30, 1947, but can not sell or
distribute to retailers any other alcoholic liquors or wines.
    (d) It shall be unlawful for any distiller licensed
anywhere to have any stock ownership or interest in any
distributor's or importing distributor's license wherein any
other person has an interest therein who is not a distiller and
does not own more than 5% of any stock in any distillery.
Nothing herein contained shall apply to such distillers or
their subsidiaries or affiliates, who had a distributor's or
importing distributor's license during the licensing period
ending June 30, 1947, which license was owned in whole by such
distiller, or subsidiaries or affiliates of such distiller.
    (e) Any person licensed as a brewer, class 1 brewer, or
class 2 brewer shall be permitted to sell on the licensed
premises to non-licensees for on or off-premises consumption
for the premises in which he or she actually conducts such
business: (i) beer manufactured by the brewer, class 1 brewer,
or class 2 brewer; (ii) beer manufactured by any other brewer,
class 1 brewer, or class 2 brewer; and (iii) cider. Such sales
shall be limited to on-premises, in-person sales only, for
lawful consumption on or off premises. Such authorization shall
be considered a privilege granted by the brewer license and,
other than a manufacturer of beer as stated above, no
manufacturer or distributor or importing distributor,
excluding airplane licensees exercising powers provided in
paragraph (i) of Section 5-1 of this Act, or any subsidiary or
affiliate thereof, or any officer, associate, member, partner,
representative, employee or agent, or shareholder shall be
issued a retailer's license, nor shall any person having a
retailer's license, excluding airplane licensees exercising
powers provided in paragraph (i) of Section 5-1 of this Act, or
any subsidiary or affiliate thereof, or any officer, associate,
member, partner, representative or agent, or shareholder be
issued a manufacturer's license or importing distributor's
license.
    A manufacturer of beer that imports or transfers beer into
this State must comply with Sections 6-8 and 8-1 of this Act.
    A person who holds a class 1 or class 2 brewer license and
is authorized by this Section to sell beer to non-licensees
shall not sell beer to non-licensees from more than 3 total
brewer or commonly owned brew pub licensed locations in this
State. The class 1 or class 2 brewer shall designate to the
State Commission the brewer or brew pub locations from which it
will sell beer to non-licensees.
    A person licensed as a craft distiller, including a person
who holds more than one craft distiller license, not affiliated
with any other person manufacturing spirits may be authorized
by the Commission to sell up to 2,500 gallons of spirits
produced by the person to non-licensees for on or off-premises
consumption for the premises in which he or she actually
conducts business permitting only the retail sale of spirits
manufactured at such premises. Such sales shall be limited to
on-premises, in-person sales only, for lawful consumption on or
off premises, and such authorization shall be considered a
privilege granted by the craft distiller license. A craft
distiller licensed for retail sale shall secure liquor
liability insurance coverage in an amount at least equal to the
maximum liability amounts set forth in subsection (a) of
Section 6-21 of this Act.
    A craft distiller license holder shall not deliver any
alcoholic liquor to any non-licensee off the licensed premises.
A craft distiller shall affirm in its annual craft distiller's
license application that it does not produce more than 100,000
gallons of distilled spirits annually and that the craft
distiller does not sell more than 2,500 gallons of spirits to
non-licensees for on or off-premises consumption. In the
application, which shall be sworn under penalty of perjury, the
craft distiller shall state the volume of production and sales
for each year since the craft distiller's establishment.
    (f) (Blank).
    (g) Notwithstanding any of the foregoing prohibitions, a
limited wine manufacturer may sell at retail at its
manufacturing site for on or off premises consumption and may
sell to distributors. A limited wine manufacturer licensee
shall secure liquor liability insurance coverage in an amount
at least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
    (h) The changes made to this Section by Public Act 99-47
shall not diminish or impair the rights of any person, whether
a distiller, wine manufacturer, agent, or affiliate thereof,
who requested in writing and submitted documentation to the
State Commission on or before February 18, 2015 to be approved
for a retail license pursuant to what has heretofore been
subsection (f); provided that, on or before that date, the
State Commission considered the intent of that person to apply
for the retail license under that subsection and, by recorded
vote, the State Commission approved a resolution indicating
that such a license application could be lawfully approved upon
that person duly filing a formal application for a retail
license and if that person, within 90 days of the State
Commission appearance and recorded vote, first filed an
application with the appropriate local commission, which
application was subsequently approved by the appropriate local
commission prior to consideration by the State Commission of
that person's application for a retail license. It is further
provided that the State Commission may approve the person's
application for a retail license or renewals of such license if
such person continues to diligently adhere to all
representations made in writing to the State Commission on or
before February 18, 2015, or thereafter, or in the affidavit
filed by that person with the State Commission to support the
issuance of a retail license and to abide by all applicable
laws and duly adopted rules.
(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
99-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff.
8-18-17; 100-816, eff. 8-13-18; 100-885, eff. 8-14-18; revised
10-24-18.)
 
    (235 ILCS 5/6-11)
    Sec. 6-11. Sale near churches, schools, and hospitals.
    (a) No license shall be issued for the sale at retail of
any alcoholic liquor within 100 feet of any church, school
other than an institution of higher learning, hospital, home
for aged or indigent persons or for veterans, their spouses or
children or any military or naval station, provided, that this
prohibition shall not apply to hotels offering restaurant
service, regularly organized clubs, or to restaurants, food
shops or other places where sale of alcoholic liquors is not
the principal business carried on if the place of business so
exempted is not located in a municipality of more than 500,000
persons, unless required by local ordinance; nor to the renewal
of a license for the sale at retail of alcoholic liquor on
premises within 100 feet of any church or school where the
church or school has been established within such 100 feet
since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the
nearest part of any building used for worship services or
educational programs and not to property boundaries.
    (a-5) Notwithstanding any provision of this Section to the
contrary, a local liquor control commissioner may grant an
exemption to the prohibition in subsection (a) of this Section
if a local rule or ordinance authorizes the local liquor
control commissioner to grant that exemption.
    (b) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of goods
baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000 square
feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the construction
of the restaurant is completed within 18 months of July 10,
1998 (the effective date of Public Act 90-617).
    (c) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor
incidental to a restaurant if (1) the primary business of the
restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a
completely new owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is
located operated the premises as a restaurant and held a valid
retail license authorizing the sale of alcoholic liquor at the
restaurant for at least part of the 24 months before the change
of ownership, and (3) the restaurant is located 75 or more feet
from a school.
    (d) In the interest of further developing Illinois' economy
in the area of commerce, tourism, convention, and banquet
business, nothing in this Section shall prohibit issuance of a
retail license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, grocery store, or hotel having
not fewer than 150 guest room accommodations located in a
municipality of more than 500,000 persons, notwithstanding the
proximity of such hotel, restaurant, banquet facility, or
grocery store to any church or school, if the licensed premises
described on the license are located within an enclosed mall or
building of a height of at least 6 stories, or 60 feet in the
case of a building that has been registered as a national
landmark, or in a grocery store having a minimum of 56,010
square feet of floor space in a single story building in an
open mall of at least 3.96 acres that is adjacent to a public
school that opened as a boys technical high school in 1934, or
in a grocery store having a minimum of 31,000 square feet of
floor space in a single story building located a distance of
more than 90 feet but less than 100 feet from a high school
that opened in 1928 as a junior high school and became a senior
high school in 1933, and in each of these cases if the sale of
alcoholic liquors is not the principal business carried on by
the licensee.
    For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where the
sale of alcoholic liquors is not the principal business.
    (e) Nothing in this Section shall prohibit the issuance of
a license to a church or private school to sell at retail
alcoholic liquor if any such sales are limited to periods when
groups are assembled on the premises solely for the promotion
of some common object other than the sale or consumption of
alcoholic liquors.
    (f) Nothing in this Section shall prohibit a church or
church affiliated school located in a home rule municipality or
in a municipality with 75,000 or more inhabitants from locating
within 100 feet of a property for which there is a preexisting
license to sell alcoholic liquor at retail. In these instances,
the local zoning authority may, by ordinance adopted
simultaneously with the granting of an initial special use
zoning permit for the church or church affiliated school,
provide that the 100-foot restriction in this Section shall not
apply to that church or church affiliated school and future
retail liquor licenses.
    (g) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor at
premises within 100 feet, but not less than 90 feet, of a
public school if (1) the premises have been continuously
licensed to sell alcoholic liquor for a period of at least 50
years, (2) the premises are located in a municipality having a
population of over 500,000 inhabitants, (3) the licensee is an
individual who is a member of a family that has held the
previous 3 licenses for that location for more than 25 years,
(4) the principal of the school and the alderman of the ward in
which the school is located have delivered a written statement
to the local liquor control commissioner stating that they do
not object to the issuance of a license under this subsection
(g), and (5) the local liquor control commissioner has received
the written consent of a majority of the registered voters who
live within 200 feet of the premises.
    (h) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio area attached to
premises that are located in a municipality with a population
in excess of 300,000 inhabitants and that are within 100 feet
of a church if:
        (1) the sale of alcoholic liquor at the premises is
    incidental to the sale of food,
        (2) the sale of liquor is not the principal business
    carried on by the licensee at the premises,
        (3) the premises are less than 1,000 square feet,
        (4) the premises are owned by the University of
    Illinois,
        (5) the premises are immediately adjacent to property
    owned by a church and are not less than 20 nor more than 40
    feet from the church space used for worship services, and
        (6) the principal religious leader at the place of
    worship has indicated his or her support for the issuance
    of the license in writing.
    (i) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 300,000 inhabitants and is within 100 feet of a
church, synagogue, or other place of worship if:
        (1) the primary entrance of the premises and the
    primary entrance of the church, synagogue, or other place
    of worship are at least 100 feet apart, on parallel
    streets, and separated by an alley; and
        (2) the principal religious leader at the place of
    worship has not indicated his or her opposition to the
    issuance or renewal of the license in writing.
    (j) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
of a retail license authorizing the sale of alcoholic liquor at
a theater that is within 100 feet of a church if (1) the church
owns the theater, (2) the church leases the theater to one or
more entities, and (3) the theater is used by at least 5
different not-for-profit theater groups.
    (k) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
        (1) the primary entrance of the premises and the
    primary entrance of the school are parallel, on different
    streets, and separated by an alley;
        (2) the southeast corner of the premises are at least
    350 feet from the southwest corner of the school;
        (3) the school was built in 1978;
        (4) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (6) the applicant is the owner of the restaurant and
    has held a valid license authorizing the sale of alcoholic
    liquor for the business to be conducted on the premises at
    a different location for more than 7 years; and
        (7) the premises is at least 2,300 square feet and sits
    on a lot that is between 6,100 and 6,150 square feet.
    (l) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church or school if:
        (1) the primary entrance of the premises and the
    closest entrance of the church or school is at least 90
    feet apart and no greater than 95 feet apart;
        (2) the shortest distance between the premises and the
    church or school is at least 80 feet apart and no greater
    than 85 feet apart;
        (3) the applicant is the owner of the restaurant and on
    November 15, 2006 held a valid license authorizing the sale
    of alcoholic liquor for the business to be conducted on the
    premises for at least 14 different locations;
        (4) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (6) the premises is at least 3,200 square feet and sits
    on a lot that is between 7,150 and 7,200 square feet; and
        (7) the principal religious leader at the place of
    worship has not indicated his or her opposition to the
    issuance or renewal of the license in writing.
    (m) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church if:
        (1) the premises and the church are perpendicular, and
    the primary entrance of the premises faces South while the
    primary entrance of the church faces West and the distance
    between the two entrances is more than 100 feet;
        (2) the shortest distance between the premises lot line
    and the exterior wall of the church is at least 80 feet;
        (3) the church was established at the current location
    in 1916 and the present structure was erected in 1925;
        (4) the premises is a single story, single use building
    with at least 1,750 square feet and no more than 2,000
    square feet;
        (5) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (6) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises; and
        (7) the principal religious leader at the place of
    worship has not indicated his or her opposition to the
    issuance or renewal of the license in writing.
    (n) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
        (1) the school is a City of Chicago School District 299
    school;
        (2) the school is located within subarea E of City of
    Chicago Residential Business Planned Development Number
    70;
        (3) the sale of alcoholic liquor is not the principal
    business carried on by the licensee on the premises;
        (4) the sale of alcoholic liquor at the premises is
    incidental to the sale of food; and
        (5) the administration of City of Chicago School
    District 299 has expressed, in writing, its support for the
    issuance of the license.
    (o) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a retail license authorizing the sale of
alcoholic liquor at a premises that is located within a
municipality in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (3) the premises is located on a street that runs
    perpendicular to the street on which the church is located;
        (4) the primary entrance of the premises is at least
    100 feet from the primary entrance of the church;
        (5) the shortest distance between any part of the
    premises and any part of the church is at least 60 feet;
        (6) the premises is between 3,600 and 4,000 square feet
    and sits on a lot that is between 3,600 and 4,000 square
    feet; and
        (7) the premises was built in the year 1909.
    For purposes of this subsection (o), "premises" means a
place of business together with a privately owned outdoor
location that is adjacent to the place of business.
    (p) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the shortest distance between the backdoor of the
    premises, which is used as an emergency exit, and the
    church is at least 80 feet;
        (2) the church was established at the current location
    in 1889; and
        (3) liquor has been sold on the premises since at least
    1985.
    (q) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a premises that is located in a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church-owned property if:
        (1) the premises is located within a larger building
    operated as a grocery store;
        (2) the area of the premises does not exceed 720 square
    feet and the area of the larger building exceeds 18,000
    square feet;
        (3) the larger building containing the premises is
    within 100 feet of the nearest property line of a
    church-owned property on which a church-affiliated school
    is located;
        (4) the sale of liquor is not the principal business
    carried on within the larger building;
        (5) the primary entrance of the larger building and the
    premises and the primary entrance of the church-affiliated
    school are on different, parallel streets, and the distance
    between the 2 primary entrances is more than 100 feet;
        (6) the larger building is separated from the
    church-owned property and church-affiliated school by an
    alley;
        (7) the larger building containing the premises and the
    church building front are on perpendicular streets and are
    separated by a street; and
        (8) (Blank).
    (r) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance,
renewal, or maintenance of a license authorizing the sale of
alcoholic liquor incidental to the sale of food within a
restaurant established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
        (1) the primary entrance of the church and the primary
    entrance of the restaurant are at least 100 feet apart;
        (2) the restaurant has operated on the ground floor and
    lower level of a multi-story, multi-use building for more
    than 40 years;
        (3) the primary business of the restaurant consists of
    the sale of food where the sale of liquor is incidental to
    the sale of food;
        (4) the sale of alcoholic liquor is conducted primarily
    in the below-grade level of the restaurant to which the
    only public access is by a staircase located inside the
    restaurant; and
        (5) the restaurant has held a license authorizing the
    sale of alcoholic liquor on the premises for more than 40
    years.
    (s) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit renewal of a
license authorizing the sale of alcoholic liquor at a premises
that is located within a municipality with a population more
than 5,000 and less than 10,000 and is within 100 feet of a
church if:
        (1) the church was established at the location within
    100 feet of the premises after a license for the sale of
    alcoholic liquor at the premises was first issued;
        (2) a license for sale of alcoholic liquor at the
    premises was first issued before January 1, 2007; and
        (3) a license for the sale of alcoholic liquor on the
    premises has been continuously in effect since January 1,
    2007, except for interruptions between licenses of no more
    than 90 days.
    (t) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant that
is established in a premises that is located in a municipality
with a population in excess of 1,000,000 inhabitants and within
100 feet of a school and a church if:
        (1) the restaurant is located inside a five-story
    building with over 16,800 square feet of commercial space;
        (2) the area of the premises does not exceed 31,050
    square feet;
        (3) the area of the restaurant does not exceed 5,800
    square feet;
        (4) the building has no less than 78 condominium units;
        (5) the construction of the building in which the
    restaurant is located was completed in 2006;
        (6) the building has 10 storefront properties, 3 of
    which are used for the restaurant;
        (7) the restaurant will open for business in 2010;
        (8) the building is north of the school and separated
    by an alley; and
        (9) the principal religious leader of the church and
    either the alderman of the ward in which the school is
    located or the principal of the school have delivered a
    written statement to the local liquor control commissioner
    stating that he or she does not object to the issuance of a
    license under this subsection (t).
    (u) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a school
if:
        (1) the premises operates as a restaurant and has been
    in operation since February 2008;
        (2) the applicant is the owner of the premises;
        (3) the sale of alcoholic liquor is incidental to the
    sale of food;
        (4) the sale of alcoholic liquor is not the principal
    business carried on by the licensee on the premises;
        (5) the premises occupy the first floor of a 3-story
    building that is at least 90 years old;
        (6) the rear lot of the school and the rear corner of
    the building that the premises occupy are separated by an
    alley;
        (7) the distance from the southwest corner of the
    property line of the school and the northeast corner of the
    building that the premises occupy is at least 16 feet, 5
    inches;
        (8) the distance from the rear door of the premises to
    the southwest corner of the property line of the school is
    at least 93 feet;
        (9) the school is a City of Chicago School District 299
    school;
        (10) the school's main structure was erected in 1902
    and an addition was built to the main structure in 1959;
    and
        (11) the principal of the school and the alderman in
    whose district the premises are located have expressed, in
    writing, their support for the issuance of the license.
    (v) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
        (1) the total land area of the premises for which the
    license or renewal is sought is more than 600,000 square
    feet;
        (2) the premises for which the license or renewal is
    sought has more than 600 parking stalls;
        (3) the total area of all buildings on the premises for
    which the license or renewal is sought exceeds 140,000
    square feet;
        (4) the property line of the premises for which the
    license or renewal is sought is separated from the property
    line of the school by a street;
        (5) the distance from the school's property line to the
    property line of the premises for which the license or
    renewal is sought is at least 60 feet;
        (6) as of June 14, 2011 (the effective date of Public
    Act 97-9), the premises for which the license or renewal is
    sought is located in the Illinois Medical District.
    (w) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a church
if:
        (1) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (3) the premises occupy the first floor and basement of
    a 2-story building that is 106 years old;
        (4) the premises is at least 7,000 square feet and
    located on a lot that is at least 11,000 square feet;
        (5) the premises is located directly west of the
    church, on perpendicular streets, and separated by an
    alley;
        (6) the distance between the property line of the
    premises and the property line of the church is at least 20
    feet;
        (7) the distance between the primary entrance of the
    premises and the primary entrance of the church is at least
    130 feet; and
        (8) the church has been at its location for at least 40
    years.
    (x) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the church has been operating in its current
    location since 1973;
        (3) the premises has been operating in its current
    location since 1988;
        (4) the church and the premises are owned by the same
    parish;
        (5) the premises is used for cultural and educational
    purposes;
        (6) the primary entrance to the premises and the
    primary entrance to the church are located on the same
    street;
        (7) the principal religious leader of the church has
    indicated his support of the issuance of the license;
        (8) the premises is a 2-story building of approximately
    23,000 square feet; and
        (9) the premises houses a ballroom on its ground floor
    of approximately 5,000 square feet.
    (y) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (3) according to the municipality, the distance
    between the east property line of the premises and the west
    property line of the school is 97.8 feet;
        (4) the school is a City of Chicago School District 299
    school;
        (5) the school has been operating since 1959;
        (6) the primary entrance to the premises and the
    primary entrance to the school are located on the same
    street;
        (7) the street on which the entrances of the premises
    and the school are located is a major diagonal
    thoroughfare;
        (8) the premises is a single-story building of
    approximately 2,900 square feet; and
        (9) the premises is used for commercial purposes only.
    (z) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    the premises;
        (3) the licensee is a national retail chain having over
    100 locations within the municipality;
        (4) the licensee has over 8,000 locations nationwide;
        (5) the licensee has locations in all 50 states;
        (6) the premises is located in the North-East quadrant
    of the municipality;
        (7) the premises is a free-standing building that has
    "drive-through" pharmacy service;
        (8) the premises has approximately 14,490 square feet
    of retail space;
        (9) the premises has approximately 799 square feet of
    pharmacy space;
        (10) the premises is located on a major arterial street
    that runs east-west and accepts truck traffic; and
        (11) the alderman of the ward in which the premises is
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (aa) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    the premises;
        (3) the licensee is a national retail chain having over
    100 locations within the municipality;
        (4) the licensee has over 8,000 locations nationwide;
        (5) the licensee has locations in all 50 states;
        (6) the premises is located in the North-East quadrant
    of the municipality;
        (7) the premises is located across the street from a
    national grocery chain outlet;
        (8) the premises has approximately 16,148 square feet
    of retail space;
        (9) the premises has approximately 992 square feet of
    pharmacy space;
        (10) the premises is located on a major arterial street
    that runs north-south and accepts truck traffic; and
        (11) the alderman of the ward in which the premises is
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (bb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (3) the primary entrance to the premises and the
    primary entrance to the church are located on the same
    street;
        (4) the premises is across the street from the church;
        (5) the street on which the premises and the church are
    located is a major arterial street that runs east-west;
        (6) the church is an elder-led and Bible-based Assyrian
    church;
        (7) the premises and the church are both single-story
    buildings;
        (8) the storefront directly west of the church is being
    used as a restaurant; and
        (9) the distance between the northern-most property
    line of the premises and the southern-most property line of
    the church is 65 feet.
    (cc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    the premises;
        (3) the licensee is a national retail chain;
        (4) as of October 25, 2011, the licensee has 1,767
    stores operating nationwide, 87 stores operating in the
    State, and 10 stores operating within the municipality;
        (5) the licensee shall occupy approximately 124,000
    square feet of space in the basement and first and second
    floors of a building located across the street from a
    school;
        (6) the school opened in August of 2009 and occupies
    approximately 67,000 square feet of space; and
        (7) the building in which the premises shall be located
    has been listed on the National Register of Historic Places
    since April 17, 1970.
    (dd) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the premises is constructed on land that was
    purchased from the municipality at a fair market price;
        (2) the premises is constructed on land that was
    previously used as a parking facility for public safety
    employees;
        (3) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (4) the main entrance to the store is more than 100
    feet from the main entrance to the school;
        (5) the premises is to be new construction;
        (6) the school is a private school;
        (7) the principal of the school has given written
    approval for the license;
        (8) the alderman of the ward where the premises is
    located has given written approval of the issuance of the
    license;
        (9) the grocery store level of the premises is between
    60,000 and 70,000 square feet; and
        (10) the owner and operator of the grocery store
    operates 2 other grocery stores that have alcoholic liquor
    licenses within the same municipality.
    (ee) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the premises is constructed on land that once
    contained an industrial steel facility;
        (2) the premises is located on land that has undergone
    environmental remediation;
        (3) the premises is located within a retail complex
    containing retail stores where some of the stores sell
    alcoholic beverages;
        (4) the principal activity of any restaurant in the
    retail complex is the sale of food, and the sale of
    alcoholic liquor is incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    business carried on by the grocery store;
        (6) the entrance to any business that sells alcoholic
    liquor is more than 100 feet from the entrance to the
    school;
        (7) the alderman of the ward where the premises is
    located has given written approval of the issuance of the
    license; and
        (8) the principal of the school has given written
    consent to the issuance of the license.
    (ff) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on at the premises;
        (2) the sale of alcoholic liquor at the premises is
    incidental to the operation of a theater;
        (3) the premises is a one and one-half-story building
    of approximately 10,000 square feet;
        (4) the school is a City of Chicago School District 299
    school;
        (5) the primary entrance of the premises and the
    primary entrance of the school are at least 300 feet apart
    and no more than 400 feet apart;
        (6) the alderman of the ward in which the premises is
    located has expressed, in writing, his support for the
    issuance of the license; and
        (7) the principal of the school has expressed, in
    writing, that there is no objection to the issuance of a
    license under this subsection (ff).
    (gg) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or
banquet facility established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the property on which the church is located and the
    property on which the premises are located are both within
    a district originally listed on the National Register of
    Historic Places on February 14, 1979;
        (3) the property on which the premises are located
    contains one or more multi-story buildings that are at
    least 95 years old and have no more than three stories;
        (4) the building in which the church is located is at
    least 120 years old;
        (5) the property on which the church is located is
    immediately adjacent to and west of the property on which
    the premises are located;
        (6) the western boundary of the property on which the
    premises are located is no less than 118 feet in length and
    no more than 122 feet in length;
        (7) as of December 31, 2012, both the church property
    and the property on which the premises are located are
    within 250 feet of City of Chicago Business-Residential
    Planned Development Number 38;
        (8) the principal religious leader at the place of
    worship has indicated his or her support for the issuance
    of the license in writing; and
        (9) the alderman in whose district the premises are
    located has expressed his or her support for the issuance
    of the license in writing.
    For the purposes of this subsection, "banquet facility"
means the part of the building that is located on the floor
above a restaurant and caters to private parties and where the
sale of alcoholic liquors is not the principal business.
    (hh) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a hotel and at an outdoor patio area attached to
the hotel that are located in a municipality with a population
in excess of 1,000,000 inhabitants and that are within 100 feet
of a hospital if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the hotel;
        (2) the hotel is located within the City of Chicago
    Business Planned Development Number 468; and
        (3) the hospital is located within the City of Chicago
    Institutional Planned Development Number 3.
    (ii) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a restaurant and at an outdoor patio area
attached to the restaurant that are located in a municipality
with a population in excess of 1,000,000 inhabitants and that
are within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is not
    the principal business carried on by the licensee and is
    incidental to the sale of food;
        (2) the restaurant has been operated on the street
    level of a 2-story building located on a corner lot since
    2008;
        (3) the restaurant is between 3,700 and 4,000 square
    feet and sits on a lot that is no more than 6,200 square
    feet;
        (4) the primary entrance to the restaurant and the
    primary entrance to the church are located on the same
    street;
        (5) the street on which the restaurant and the church
    are located is a major east-west street;
        (6) the restaurant and the church are separated by a
    one-way northbound street;
        (7) the church is located to the west of and no more
    than 65 feet from the restaurant; and
        (8) the principal religious leader at the place of
    worship has indicated his or her consent to the issuance of
    the license in writing.
    (jj) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    sale of food;
        (3) the premises are located east of the church, on
    perpendicular streets, and separated by an alley;
        (4) the distance between the primary entrance of the
    premises and the primary entrance of the church is at least
    175 feet;
        (5) the distance between the property line of the
    premises and the property line of the church is at least 40
    feet;
        (6) the licensee has been operating at the premises
    since 2012;
        (7) the church was constructed in 1904;
        (8) the alderman of the ward in which the premises is
    located has expressed, in writing, his or her support for
    the issuance of the license; and
        (9) the principal religious leader of the church has
    delivered a written statement that he or she does not
    object to the issuance of a license under this subsection
    (jj).
    (kk) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors on
    the premises;
        (3) the licensee is a national retail chain;
        (4) as of February 27, 2013, the licensee had 1,778
    stores operating nationwide, 89 operating in this State,
    and 11 stores operating within the municipality;
        (5) the licensee shall occupy approximately 169,048
    square feet of space within a building that is located
    across the street from a tuition-based preschool; and
        (6) the alderman of the ward in which the premises is
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (ll) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors on
    the premises;
        (3) the licensee is a national retail chain;
        (4) as of February 27, 2013, the licensee had 1,778
    stores operating nationwide, 89 operating in this State,
    and 11 stores operating within the municipality;
        (5) the licensee shall occupy approximately 191,535
    square feet of space within a building that is located
    across the street from an elementary school; and
        (6) the alderman of the ward in which the premises is
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (mm) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio or sidewalk
cafe, or both, attached to premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and that are within 100 feet of a hospital if:
        (1) the primary business of the restaurant consists of
    the sale of food where the sale of liquor is incidental to
    the sale of food;
        (2) as a restaurant, the premises may or may not offer
    catering as an incidental part of food service;
        (3) the primary business of the restaurant is conducted
    in space owned by a hospital or an entity owned or
    controlled by, under common control with, or that controls
    a hospital, and the chief hospital administrator has
    expressed his or her support for the issuance of the
    license in writing; and
        (4) the hospital is an adult acute care facility
    primarily located within the City of Chicago Institutional
    Planned Development Number 3.
    (nn) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried out on the premises;
        (2) the sale of alcoholic liquor at the premises is
    incidental to the operation of a theater;
        (3) the premises are a building that was constructed in
    1913 and opened on May 24, 1915 as a vaudeville theater,
    and the premises were converted to a motion picture theater
    in 1935;
        (4) the church was constructed in 1889 with a stone
    exterior;
        (5) the primary entrance of the premises and the
    primary entrance of the church are at least 100 feet apart;
        (6) the principal religious leader at the place of
    worship has indicated his or her consent to the issuance of
    the license in writing; and
        (7) the alderman in whose ward the premises are located
    has expressed his or her support for the issuance of the
    license in writing.
    (oo) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque, church, or other place of worship if:
        (1) the primary entrance of the premises and the
    primary entrance of the mosque, church, or other place of
    worship are perpendicular and are on different streets;
        (2) the primary entrance to the premises faces West and
    the primary entrance to the mosque, church, or other place
    of worship faces South;
        (3) the distance between the 2 primary entrances is at
    least 100 feet;
        (4) the mosque, church, or other place of worship was
    established in a location within 100 feet of the premises
    after a license for the sale of alcohol at the premises was
    first issued;
        (5) the mosque, church, or other place of worship was
    established on or around January 1, 2011;
        (6) a license for the sale of alcohol at the premises
    was first issued on or before January 1, 1985;
        (7) a license for the sale of alcohol at the premises
    has been continuously in effect since January 1, 1985,
    except for interruptions between licenses of no more than
    90 days; and
        (8) the premises are a single-story, single-use
    building of at least 3,000 square feet and no more than
    3,380 square feet.
    (pp) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or
banquet facility established on premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of at least one church if:
        (1) the sale of liquor shall not be the principal
    business carried on by the licensee at the premises;
        (2) the premises are at least 2,000 square feet and no
    more than 10,000 square feet and is located in a
    single-story building;
        (3) the property on which the premises are located is
    within an area that, as of 2009, was designated as a
    Renewal Community by the United States Department of
    Housing and Urban Development;
        (4) the property on which the premises are located and
    the properties on which the churches are located are on the
    same street;
        (5) the property on which the premises are located is
    immediately adjacent to and east of the property on which
    at least one of the churches is located;
        (6) the property on which the premises are located is
    across the street and southwest of the property on which
    another church is located;
        (7) the principal religious leaders of the churches
    have indicated their support for the issuance of the
    license in writing; and
        (8) the alderman in whose ward the premises are located
    has expressed his or her support for the issuance of the
    license in writing.
    For purposes of this subsection (pp), "banquet facility"
means the part of the building that caters to private parties
and where the sale of alcoholic liquors is not the principal
business.
    (qq) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor on premises that are located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
        (1) the primary entrance of the premises and the
    closest entrance of the church or school are at least 200
    feet apart and no greater than 300 feet apart;
        (2) the shortest distance between the premises and the
    church or school is at least 66 feet apart and no greater
    than 81 feet apart;
        (3) the premises are a single-story, steel-framed
    commercial building with at least 18,042 square feet, and
    was constructed in 1925 and 1997;
        (4) the owner of the business operated within the
    premises has been the general manager of a similar
    supermarket within one mile from the premises, which has
    had a valid license authorizing the sale of alcoholic
    liquor since 2002, and is in good standing with the City of
    Chicago;
        (5) the principal religious leader at the place of
    worship has indicated his or her support to the issuance or
    renewal of the license in writing;
        (6) the alderman of the ward has indicated his or her
    support to the issuance or renewal of the license in
    writing; and
        (7) the principal of the school has indicated his or
    her support to the issuance or renewal of the license in
    writing.
    (rr) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a club that leases space to a school if:
        (1) the sale of alcoholic liquor is not the principal
    business carried out on the premises;
        (2) the sale of alcoholic liquor at the premises is
    incidental to the operation of a grocery store;
        (3) the premises are a building of approximately 1,750
    square feet and is rented by the owners of the grocery
    store from a family member;
        (4) the property line of the premises is approximately
    68 feet from the property line of the club;
        (5) the primary entrance of the premises and the
    primary entrance of the club where the school leases space
    are at least 100 feet apart;
        (6) the director of the club renting space to the
    school has indicated his or her consent to the issuance of
    the license in writing; and
        (7) the alderman in whose district the premises are
    located has expressed his or her support for the issuance
    of the license in writing.
    (ss) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the premises are located within a 15 unit building
    with 13 residential apartments and 2 commercial spaces, and
    the licensee will occupy both commercial spaces;
        (2) a restaurant has been operated on the premises
    since June 2011;
        (3) the restaurant currently occupies 1,075 square
    feet, but will be expanding to include 975 additional
    square feet;
        (4) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (5) the premises are located south of the church and on
    the same street and are separated by a one-way westbound
    street;
        (6) the primary entrance of the premises is at least 93
    feet from the primary entrance of the church;
        (7) the shortest distance between any part of the
    premises and any part of the church is at least 72 feet;
        (8) the building in which the restaurant is located was
    built in 1910;
        (9) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license; and
        (10) the principal religious leader of the church has
    delivered a written statement that he or she does not
    object to the issuance of a license under this subsection
    (ss).
    (tt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    sale of food;
        (3) the sale of alcoholic liquor at the premises was
    previously authorized by a package goods liquor license;
        (4) the premises are at least 40,000 square feet with
    25 parking spaces in the contiguous surface lot to the
    north of the store and 93 parking spaces on the roof;
        (5) the shortest distance between the lot line of the
    parking lot of the premises and the exterior wall of the
    church is at least 80 feet;
        (6) the distance between the building in which the
    church is located and the building in which the premises
    are located is at least 180 feet;
        (7) the main entrance to the church faces west and is
    at least 257 feet from the main entrance of the premises;
    and
        (8) the applicant is the owner of 10 similar grocery
    stores within the City of Chicago and the surrounding area
    and has been in business for more than 30 years.
    (uu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    operation of a grocery store;
        (3) the premises are located in a building that is
    approximately 68,000 square feet with 157 parking spaces on
    property that was previously vacant land;
        (4) the main entrance to the church faces west and is
    at least 500 feet from the entrance of the premises, which
    faces north;
        (5) the church and the premises are separated by an
    alley;
        (6) the applicant is the owner of 9 similar grocery
    stores in the City of Chicago and the surrounding area and
    has been in business for more than 40 years; and
        (7) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (vv) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor is the principal
    business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is primary to the sale
    of food;
        (3) the premises are located south of the church and on
    perpendicular streets and are separated by a driveway;
        (4) the primary entrance of the premises is at least
    100 feet from the primary entrance of the church;
        (5) the shortest distance between any part of the
    premises and any part of the church is at least 15 feet;
        (6) the premises are less than 100 feet from the church
    center, but greater than 100 feet from the area within the
    building where church services are held;
        (7) the premises are 25,830 square feet and sit on a
    lot that is 0.48 acres;
        (8) the premises were once designated as a Korean
    American Presbyterian Church and were once used as a
    Masonic Temple;
        (9) the premises were built in 1910;
        (10) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license; and
        (11) the principal religious leader of the church has
    delivered a written statement that he or she does not
    object to the issuance of a license under this subsection
    (vv).
    For the purposes of this subsection (vv), "premises" means
a place of business together with a privately owned outdoor
location that is adjacent to the place of business.
    (ww) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
        (1) the school is located within Sub Area III of City
    of Chicago Residential-Business Planned Development Number
    523, as amended; and
        (2) the premises are located within Sub Area I, Sub
    Area II, or Sub Area IV of City of Chicago
    Residential-Business Planned Development Number 523, as
    amended.
    (xx) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of wine or wine-related products is the
    exclusive business carried on by the licensee at the
    premises;
        (2) the primary entrance of the premises and the
    primary entrance of the church are at least 100 feet apart
    and are located on different streets;
        (3) the building in which the premises are located and
    the building in which the church is located are separated
    by an alley;
        (4) the premises consists of less than 2,000 square
    feet of floor area dedicated to the sale of wine or
    wine-related products;
        (5) the premises are located on the first floor of a
    2-story building that is at least 99 years old and has a
    residential unit on the second floor; and
        (6) the principal religious leader at the church has
    indicated his or her support for the issuance or renewal of
    the license in writing.
    (yy) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the premises are a 27-story hotel containing 191
    guest rooms;
        (2) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises and is
    limited to a restaurant located on the first floor of the
    hotel;
        (3) the hotel is adjacent to the church;
        (4) the site is zoned as DX-16;
        (5) the principal religious leader of the church has
    delivered a written statement that he or she does not
    object to the issuance of a license under this subsection
    (yy); and
        (6) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (zz) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the premises are a 15-story hotel containing 143
    guest rooms;
        (2) the premises are approximately 85,691 square feet;
        (3) a restaurant is operated on the premises;
        (4) the restaurant is located in the first floor lobby
    of the hotel;
        (5) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (6) the hotel is located approximately 50 feet from the
    church and is separated from the church by a public street
    on the ground level and by air space on the upper level,
    which is where the public entrances are located;
        (7) the site is zoned as DX-16;
        (8) the principal religious leader of the church has
    delivered a written statement that he or she does not
    object to the issuance of a license under this subsection
    (zz); and
        (9) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (aaa) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the primary
    business activity of the grocery store;
        (2) the premises are newly constructed on land that was
    formerly used by the Young Men's Christian Association;
        (3) the grocery store is located within a planned
    development that was approved by the municipality in 2007;
        (4) the premises are located in a multi-building,
    mixed-use complex;
        (5) the entrance to the grocery store is located more
    than 200 feet from the entrance to the school;
        (6) the entrance to the grocery store is located across
    the street from the back of the school building, which is
    not used for student or public access;
        (7) the grocery store executed a binding lease for the
    property in 2008;
        (8) the premises consist of 2 levels and occupy more
    than 80,000 square feet;
        (9) the owner and operator of the grocery store
    operates at least 10 other grocery stores that have
    alcoholic liquor licenses within the same municipality;
    and
        (10) the director of the school has expressed, in
    writing, his or her support for the issuance of the
    license.
    (bbb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (2) the premises are located in a single-story building
    of primarily brick construction containing at least 6
    commercial units constructed before 1940;
        (3) the premises are located in a B3-2 zoning district;
        (4) the premises are less than 4,000 square feet;
        (5) the church established its congregation in 1891 and
    completed construction of the church building in 1990;
        (6) the premises are located south of the church;
        (7) the premises and church are located on the same
    street and are separated by a one-way westbound street; and
        (8) the principal religious leader of the church has
    not indicated his or her opposition to the issuance or
    renewal of the license in writing.
    (ccc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church and school if:
        (1) as of March 14, 2007, the premises are located in a
    City of Chicago Residential-Business Planned Development
    No. 1052;
        (2) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (3) the sale of alcoholic liquor is incidental to the
    operation of a grocery store and comprises no more than 10%
    of the total in-store sales;
        (4) the owner and operator of the grocery store
    operates at least 10 other grocery stores that have
    alcoholic liquor licenses within the same municipality;
        (5) the premises are new construction when the license
    is first issued;
        (6) the constructed premises are to be no less than
    50,000 square feet;
        (7) the school is a private church-affiliated school;
        (8) the premises and the property containing the church
    and church-affiliated school are located on perpendicular
    streets and the school and church are adjacent to one
    another;
        (9) the pastor of the church and school has expressed,
    in writing, support for the issuance of the license; and
        (10) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (ddd) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
        (1) the business has been issued a license from the
    municipality to allow the business to operate a theater on
    the premises;
        (2) the theater has less than 200 seats;
        (3) the premises are approximately 2,700 to 3,100
    square feet of space;
        (4) the premises are located to the north of the
    church;
        (5) the primary entrance of the premises and the
    primary entrance of any church within 100 feet of the
    premises are located either on a different street or across
    a right-of-way from the premises;
        (6) the primary entrance of the premises and the
    primary entrance of any school within 100 feet of the
    premises are located either on a different street or across
    a right-of-way from the premises;
        (7) the premises are located in a building that is at
    least 100 years old; and
        (8) any church or school located within 100 feet of the
    premises has indicated its support for the issuance or
    renewal of the license to the premises in writing.
    (eee) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church and school if:
        (1) the sale of alcoholic liquor is incidental to the
    sale of food;
        (2) the sale of alcoholic liquor is not the principal
    business carried on by the applicant on the premises;
        (3) a family-owned restaurant has operated on the
    premises since 1957;
        (4) the premises occupy the first floor of a 3-story
    building that is at least 90 years old;
        (5) the distance between the property line of the
    premises and the property line of the church is at least 20
    feet;
        (6) the church was established at its current location
    and the present structure was erected before 1900;
        (7) the primary entrance of the premises is at least 75
    feet from the primary entrance of the church;
        (8) the school is affiliated with the church;
        (9) the principal religious leader at the place of
    worship has indicated his or her support for the issuance
    of the license in writing;
        (10) the principal of the school has indicated in
    writing that he or she is not opposed to the issuance of
    the license; and
        (11) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her lack of an
    objection to the issuance of the license.
    (fff) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    incidental to the operation of a grocery store;
        (3) the premises are a one-story building containing
    approximately 10,000 square feet and are rented by the
    owners of the grocery store;
        (4) the sale of alcoholic liquor at the premises occurs
    in a retail area of the grocery store that is approximately
    3,500 square feet;
        (5) the grocery store has operated at the location
    since 1984;
        (6) the grocery store is closed on Sundays;
        (7) the property on which the premises are located is a
    corner lot that is bound by 3 streets and an alley, where
    one street is a one-way street that runs north-south, one
    street runs east-west, and one street runs
    northwest-southeast;
        (8) the property line of the premises is approximately
    16 feet from the property line of the building where the
    church is located;
        (9) the premises are separated from the building
    containing the church by a public alley;
        (10) the primary entrance of the premises and the
    primary entrance of the church are at least 100 feet apart;
        (11) representatives of the church have delivered a
    written statement that the church does not object to the
    issuance of a license under this subsection (fff); and
        (12) the alderman of the ward in which the grocery
    store is located has expressed, in writing, his or her
    support for the issuance of the license.
    (ggg) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church and school if:
        (1) a residential retirement home formerly operated on
    the premises and the premises are being converted into a
    new apartment living complex containing studio and
    one-bedroom apartments with ground floor retail space;
        (2) the restaurant and lobby coffee house are located
    within a Community Shopping District within the
    municipality;
        (3) the premises are located in a single-building,
    mixed-use complex that, in addition to the restaurant and
    lobby coffee house, contains apartment residences, a
    fitness center for the residents of the apartment building,
    a lobby designed as a social center for the residents, a
    rooftop deck, and a patio with a dog run for the exclusive
    use of the residents;
        (4) the sale of alcoholic liquor is not the primary
    business activity of the apartment complex, restaurant, or
    lobby coffee house;
        (5) the entrance to the apartment residence is more
    than 310 feet from the entrance to the school and church;
        (6) the entrance to the apartment residence is located
    at the end of the block around the corner from the south
    side of the school building;
        (7) the school is affiliated with the church;
        (8) the pastor of the parish, principal of the school,
    and the titleholder to the church and school have given
    written consent to the issuance of the license;
        (9) the alderman of the ward in which the premises are
    located has given written consent to the issuance of the
    license; and
        (10) the neighborhood block club has given written
    consent to the issuance of the license.
    (hhh) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at premises
located within a municipality with a population in excess of
1,000,000 inhabitants and within 100 feet of a home for
indigent persons or a church if:
        (1) a restaurant operates on the premises and has been
    in operation since January of 2014;
        (2) the sale of alcoholic liquor is incidental to the
    sale of food;
        (3) the sale of alcoholic liquor is not the principal
    business carried on by the licensee on the premises;
        (4) the premises occupy the first floor of a 3-story
    building that is at least 100 years old;
        (5) the primary entrance to the premises is more than
    100 feet from the primary entrance to the home for indigent
    persons, which opened in 1989 and is operated to address
    homelessness and provide shelter;
        (6) the primary entrance to the premises and the
    primary entrance to the home for indigent persons are
    located on different streets;
        (7) the executive director of the home for indigent
    persons has given written consent to the issuance of the
    license;
        (8) the entrance to the premises is located within 100
    feet of a Buddhist temple;
        (9) the entrance to the premises is more than 100 feet
    from where any worship or educational programming is
    conducted by the Buddhist temple and is located in an area
    used only for other purposes; and
        (10) the president and the board of directors of the
    Buddhist temple have given written consent to the issuance
    of the license.
    (iii) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality in excess of
1,000,000 inhabitants and within 100 feet of a home for the
aged if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee on the premises;
        (2) the sale of alcoholic liquor at the premises is
    incidental to the operation of a restaurant;
        (3) the premises are on the ground floor of a
    multi-floor, university-affiliated housing facility;
        (4) the premises occupy 1,916 square feet of space,
    with the total square footage from which liquor will be
    sold, served, and consumed to be 900 square feet;
        (5) the premises are separated from the home for the
    aged by an alley;
        (6) the primary entrance to the premises and the
    primary entrance to the home for the aged are at least 500
    feet apart and located on different streets;
        (7) representatives of the home for the aged have
    expressed, in writing, that the home does not object to the
    issuance of a license under this subsection; and
        (8) the alderman of the ward in which the restaurant is
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (jjj) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
        (1) as of January 1, 2016, the premises were used for
    the sale of alcoholic liquor for consumption on the
    premises and were authorized to do so pursuant to a retail
    tavern license held by an individual as the sole proprietor
    of the premises;
        (2) the primary entrance to the school and the primary
    entrance to the premises are on the same street;
        (3) the school was founded in 1949;
        (4) the building in which the premises are situated was
    constructed before 1930;
        (5) the building in which the premises are situated is
    immediately across the street from the school; and
        (6) the school has not indicated its opposition to the
    issuance or renewal of the license in writing.
    (kkk) (Blank).
    (lll) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a synagogue or school if:
        (1) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (3) the premises are located on the same street on
    which the synagogue or school is located;
        (4) the primary entrance to the premises and the
    closest entrance to the synagogue or school is at least 100
    feet apart;
        (5) the shortest distance between the premises and the
    synagogue or school is at least 65 feet apart and no
    greater than 70 feet apart;
        (6) the premises are between 1,800 and 2,000 square
    feet;
        (7) the synagogue was founded in 1861; and
        (8) the leader of the synagogue has indicated, in
    writing, the synagogue's support for the issuance or
    renewal of the license.
    (mmm) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    incidental to the sale of food in a restaurant;
        (3) the restaurant has been run by the same family for
    at least 19 consecutive years;
        (4) the premises are located in a 3-story building in
    the most easterly part of the first floor;
        (5) the building in which the premises are located has
    residential housing on the second and third floors;
        (6) the primary entrance to the premises is on a
    north-south street around the corner and across an alley
    from the primary entrance to the church, which is on an
    east-west street;
        (7) the primary entrance to the church and the primary
    entrance to the premises are more than 160 feet apart; and
        (8) the church has expressed, in writing, its support
    for the issuance of a license under this subsection.
    (nnn) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school and church or
synagogue if:
        (1) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    incidental to the sale of food in a restaurant;
        (3) the front door of the synagogue faces east on the
    next north-south street east of and parallel to the
    north-south street on which the restaurant is located where
    the restaurant's front door faces west;
        (4) the closest exterior pedestrian entrance that
    leads to the school or the synagogue is across an east-west
    street and at least 300 feet from the primary entrance to
    the restaurant;
        (5) the nearest church-related or school-related
    building is a community center building;
        (6) the restaurant is on the ground floor of a 3-story
    building constructed in 1896 with a brick façade;
        (7) the restaurant shares the ground floor with a
    theater, and the second and third floors of the building in
    which the restaurant is located consists of residential
    housing;
        (8) the leader of the synagogue and school has
    expressed, in writing, that the synagogue does not object
    to the issuance of a license under this subsection; and
        (9) the alderman of the ward in which the premises is
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (ooo) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 2,000 but less than 5,000 inhabitants
in a county with a population in excess of 3,000,000 and within
100 feet of a home for the aged if:
        (1) as of March 1, 2016, the premises were used to sell
    alcohol pursuant to a retail tavern and packaged goods
    license issued by the municipality and held by a limited
    liability company as the proprietor of the premises;
        (2) the home for the aged was completed in 2015;
        (3) the home for the aged is a 5-story structure;
        (4) the building in which the premises are situated is
    directly adjacent to the home for the aged;
        (5) the building in which the premises are situated was
    constructed before 1950;
        (6) the home for the aged has not indicated its
    opposition to the issuance or renewal of the license; and
        (7) the president of the municipality has expressed in
    writing that he or she does not object to the issuance or
    renewal of the license.
    (ppp) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or churches if:
        (1) the shortest distance between the premises and a
    church is at least 78 feet apart and no greater than 95
    feet apart;
        (2) the premises are a single-story, brick commercial
    building and between 3,600 to 4,000 square feet and the
    original building was built before 1922;
        (3) the premises are located in a B3-2 zoning district;
        (4) the premises are separated from the buildings
    containing the churches by a street;
        (5) the previous owners of the business located on the
    premises held a liquor license for at least 10 years;
        (6) the new owner of the business located on the
    premises has managed 2 other food and liquor stores since
    1997;
        (7) the principal religious leaders at the places of
    worship have indicated their support for the issuance or
    renewal of the license in writing; and
        (8) the alderman of the ward in which the premises are
    located has indicated his or her support for the issuance
    or renewal of the license in writing.
    (qqq) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (3) the premises are located on the opposite side of
    the same street on which the church is located;
        (4) the church is located on a corner lot;
        (5) the shortest distance between the premises and the
    church is at least 90 feet apart and no greater than 95
    feet apart;
        (6) the premises are at least 3,000 but no more than
    5,000 square feet;
        (7) the church's original chapel was built in 1858;
        (8) the church's first congregation was organized in
    1860; and
        (9) the leaders of the church and the alderman of the
    ward in which the premises are located has expressed, in
    writing, their support for the issuance of the license.
    (rrr) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a restaurant or banquet facility established within
premises located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a church
or school if:
        (1) the sale of alcoholic liquor at the premises is
    incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    business carried on by the licensee at the premises;
        (3) the immediately prior owner or the operator of the
    restaurant or banquet facility held a valid retail license
    authorizing the sale of alcoholic liquor at the premises
    for at least part of the 24 months before a change of
    ownership;
        (4) the premises are located immediately east and
    across the street from an elementary school;
        (5) the premises and elementary school are part of an
    approximately 100-acre campus owned by the church;
        (6) the school opened in 1999 and was named after the
    founder of the church; and
        (7) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (sss) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
        (1) the premises are at least 5,300 square feet and
    located in a building that was built prior to 1940;
        (2) the shortest distance between the property line of
    the premises and the exterior wall of the building in which
    the church is located is at least 109 feet;
        (3) the distance between the building in which the
    church is located and the building in which the premises
    are located is at least 118 feet;
        (4) the main entrance to the church faces west and is
    at least 602 feet from the main entrance of the premises;
        (5) the shortest distance between the property line of
    the premises and the property line of the school is at
    least 177 feet;
        (6) the applicant has been in business for more than 10
    years;
        (7) the principal religious leader of the church has
    indicated his or her support for the issuance or renewal of
    the license in writing;
        (8) the principal of the school has indicated in
    writing that he or she is not opposed to the issuance of
    the license; and
        (9) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (ttt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
        (1) the premises are at least 59,000 square feet and
    located in a building that was built prior to 1940;
        (2) the shortest distance between the west property
    line of the premises and the exterior wall of the church is
    at least 99 feet;
        (3) the distance between the building in which the
    church is located and the building in which the premises
    are located is at least 102 feet;
        (4) the main entrance to the church faces west and is
    at least 457 feet from the main entrance of the premises;
        (5) the shortest distance between the property line of
    the premises and the property line of the school is at
    least 66 feet;
        (6) the applicant has been in business for more than 10
    years;
        (7) the principal religious leader of the church has
    indicated his or her support for the issuance or renewal of
    the license in writing;
        (8) the principal of the school has indicated in
    writing that he or she is not opposed to the issuance of
    the license; and
        (9) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (uuu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a place of worship if:
        (1) the sale of liquor is incidental to the sale of
    food;
        (2) the premises are at least 7,100 square feet;
        (3) the shortest distance between the north property
    line of the premises and the nearest exterior wall of the
    place of worship is at least 86 feet;
        (4) the main entrance to the place of worship faces
    north and is more than 150 feet from the main entrance of
    the premises;
        (5) the applicant has been in business for more than 20
    years at the location;
        (6) the principal religious leader of the place of
    worship has indicated his or her support for the issuance
    or renewal of the license in writing; and
        (7) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (vvv) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of 2 churches if:
        (1) as of January 1, 2015, the premises were used for
    the sale of alcoholic liquor for consumption on the
    premises and the sale was authorized pursuant to a retail
    tavern license held by an individual as the sole proprietor
    of the premises;
        (2) a primary entrance of the church situated to the
    south of the premises is located on a street running
    perpendicular to the street upon which a primary entrance
    of the premises is situated;
        (3) the church located to the south of the premises is
    a 3-story structure that was constructed in 2006;
        (4) a parking lot separates the premises from the
    church located to the south of the premises;
        (5) the building in which the premises are situated was
    constructed before 1930;
        (6) the building in which the premises are situated is
    a 2-story, mixed-use commercial and residential structure
    containing more than 20,000 total square feet and
    containing at least 7 residential units on the second floor
    and 3 commercial units on the first floor;
        (7) the building in which the premises are situated is
    immediately adjacent to the church located to the north of
    the premises;
        (8) the primary entrance of the church located to the
    north of the premises and the primary entrance of the
    premises are located on the same street;
        (9) the churches have not indicated their opposition to
    the issuance or renewal of the license in writing; and
        (10) the alderman of the ward in which the premises are
    located has expressed, in writing, his or her support for
    the issuance of the license.
    (www) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant at premises located within a municipality
with a population in excess of 1,000,000 inhabitants and within
100 feet of a school if:
        (1) the sale of alcoholic liquor is incidental to the
    sale of food and is not the principal business of the
    restaurant;
        (2) the building in which the restaurant is located was
    constructed in 1909 and is a 2-story structure;
        (3) the restaurant has been operating continuously
    since 1962, has been located at the existing premises since
    1989, and has been owned and operated by the same family,
    which also operates a deli in a building located
    immediately to the east and adjacent and connected to the
    restaurant;
        (4) the entrance to the restaurant is more than 200
    feet from the entrance to the school;
        (5) the building in which the restaurant is located and
    the building in which the school is located are separated
    by a traffic-congested major street;
        (6) the building in which the restaurant is located
    faces a public park located to the east of the school,
    cannot be seen from the windows of the school, and is not
    directly across the street from the school;
        (7) the school building is located 2 blocks from a
    major private university;
        (8) the school is a public school that has
    pre-kindergarten through eighth grade classes, is an open
    enrollment school, and has a preschool program that has
    earned a Gold Circle of Quality award;
        (9) the local school council has given written consent
    for the issuance of the liquor license; and
        (10) the alderman of the ward in which the premises are
    located has given written consent for the issuance of the
    liquor license.
    (xxx) (Blank).
    (yyy) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a store that is located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the premises are primarily used for the sale of
    alcoholic liquor;
        (2) on January 1, 2017, the store was authorized to
    sell alcoholic liquor pursuant to a package goods liquor
    license;
        (3) on January 1, 2017, the store occupied
    approximately 5,560 square feet and will be expanded to
    include 440 additional square feet for the purpose of
    storage;
        (4) the store was in existence before the church;
        (5) the building in which the store is located was
    built in 1956 and is immediately south of the church;
        (6) the store and church are separated by an east-west
    street;
        (7) the owner of the store received his first liquor
    license in 1986;
        (8) the church has not indicated its opposition to the
    issuance or renewal of the license in writing; and
        (9) the alderman of the ward in which the store is
    located has expressed his or her support for the issuance
    or renewal of the license.
    (zzz) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the premises are approximately 2,800 square feet
    with east frontage on South Allport Street and north
    frontage on West 18th Street in the City of Chicago;
        (2) the shortest distance between the north property
    line of the premises and the nearest exterior wall of the
    church is 95 feet;
        (3) the main entrance to the church is on West 18th
    Street, faces south, and is more than 100 feet from the
    main entrance to the premises;
        (4) the sale of alcoholic liquor is incidental to the
    sale of food in a restaurant;
        (5) the principal religious leader of the church has
    not indicated his or her opposition to the issuance or
    renewal of the license in writing; and
        (6) the alderman of the ward in which the premises are
    located has indicated his or her support for the issuance
    or renewal of the license in writing.
    (aaaa) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
        (1) the shortest distance between the premises and the
    church is at least 65 feet apart and no greater than 70
    feet apart;
        (2) the premises are located on the ground floor of a
    freestanding, 3-story building of brick construction with
    2 stories of residential apartments above the premises;
        (3) the premises are approximately 2,557 square feet;
        (4) the premises and the church are located on opposite
    corners and are separated by sidewalks and a street;
        (5) the sale of alcohol is not the principal business
    carried on by the licensee at the premises;
        (6) the pastor of the church has not indicated his or
    her opposition to the issuance or renewal of the license in
    writing; and
        (7) the alderman of the ward in which the premises are
    located has not indicated his or her opposition to the
    issuance or renewal of the license in writing.
    (bbbb) Notwithstanding any other provision of this Section
to the contrary, nothing in this Section shall prohibit the
issuance or renewal of a license authorizing the sale of
alcoholic liquor at premises or an outdoor location at the
premises located within a municipality with a population in
excess of 1,000,000 inhabitants and that are within 100 feet of
a church or school if:
        (1) the church was a Catholic cathedral on January 1,
    2018;
        (2) the church has been in existence for at least 150
    years;
        (3) the school is affiliated with the church;
        (4) the premises are bordered by State Street on the
    east, Superior Street on the south, Dearborn Street on the
    west, and Chicago Avenue on the north;
        (5) the premises are located within 2 miles of Lake
    Michigan and the Chicago River;
        (6) the premises are located in and adjacent to a
    building for which construction commenced after January 1,
    2018;
        (7) the alderman who represents the district in which
    the premises are located has written a letter of support
    for the issuance of a license; and
        (8) the principal religious leader of the church and
    the principal of the school have both signed a letter of
    support for the issuance of a license.
    (cccc) Notwithstanding any other provision of this Section
to the contrary, nothing in this Section shall prohibit the
issuance or renewal of a license authorizing the sale of
alcoholic liquor within a restaurant at premises located within
a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is incidental to the
    sale of food and is not the principal business of the
    restaurant;
        (2) the building in which the restaurant is located was
    constructed in 1912 and is a 3-story structure;
        (3) the restaurant has been in operation since 2015 and
    its entrance faces North Western Avenue;
        (4) the entrance to the school faces West Augusta
    Boulevard;
        (5) the entrance to the restaurant is more than 100
    feet from the entrance to the school;
        (6) the school is a Catholic school affiliated with the
    nearby Catholic Parish church;
        (7) the building in which the restaurant is located and
    the building in which the school is located are separated
    by an alley;
        (8) the principal of the school has not indicated his
    or her opposition to the issuance or renewal of the license
    in writing; and
        (9) the alderman of the ward in which the restaurant is
    located has expressed his or her support for the issuance
    or renewal of the license.
    (dddd) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
        (1) the premises are approximately 6,250 square feet
    with south frontage on Bryn Mawr Avenue and north frontage
    on the alley 125 feet north of Bryn Mawr Avenue in the City
    of Chicago;
        (2) the shortest distance between the south property
    line of the premises and the nearest exterior wall of the
    school is 248 feet;
        (3) the main entrance to the school is on Christiana
    Avenue, faces east, and is more than 100 feet from the main
    entrance to the premises;
        (4) the sale of alcoholic liquor is incidental to the
    sale of food in a restaurant;
        (5) the principal of the school has not indicated his
    or her opposition to the issuance or renewal of the license
    in writing; and
        (6) the alderman of the ward in which the premises are
    located has indicated his or her support for the issuance
    or renewal of the license in writing.
    (eeee) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
        (1) the premises are approximately 2,300 square feet
    with south frontage on 53rd Street in the City of Chicago
    and the eastern property line of the premises abuts a
    private alleyway;
        (2) the shortest distance between the south property
    line of the premises and the nearest exterior wall of the
    school is approximately 187 feet;
        (3) the main entrance to the school is on Cornell
    Avenue, faces west, and is more than 100 feet from the main
    entrance to the premises;
        (4) the sale of alcoholic liquor is incidental to the
    sale of food in a restaurant;
        (5) the principal of the school has not indicated his
    or her opposition to the issuance or renewal of the license
    in writing; and
        (6) the alderman of the ward in which the premises are
    located has indicated his or her support for the issuance
    or renewal of the license in writing.
(Source: P.A. 99-46, eff. 7-15-15; 99-47, eff. 7-15-15; 99-477,
eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, eff. 7-15-16;
99-642, eff. 7-28-16; 99-936, eff. 2-24-17; 100-36, eff.
8-4-17; 100-38, eff. 8-4-17; 100-201, eff. 8-18-17; 100-579,
eff. 2-13-18; 100-663, eff. 8-2-18; 100-863, eff. 8-14-18;
100-1036, eff. 8-22-18; revised 10-24-18.)
 
    Section 565. The Illinois Public Aid Code is amended by
changing Sections 5-4.2, 5-5.02, 5-5.25, 5-16.8, 5A-15, 9A-11,
12-4.51, and 14-12 and by setting forth, renumbering, and
changing multiple versions of Sections 5-30.6 and 5-30.8 as
follows:
 
    (305 ILCS 5/5-4.2)  (from Ch. 23, par. 5-4.2)
    Sec. 5-4.2. Ambulance services payments.
    (a) For ambulance services provided to a recipient of aid
under this Article on or after January 1, 1993, the Illinois
Department shall reimburse ambulance service providers at
rates calculated in accordance with this Section. It is the
intent of the General Assembly to provide adequate
reimbursement for ambulance services so as to ensure adequate
access to services for recipients of aid under this Article and
to provide appropriate incentives to ambulance service
providers to provide services in an efficient and
cost-effective manner. Thus, it is the intent of the General
Assembly that the Illinois Department implement a
reimbursement system for ambulance services that, to the extent
practicable and subject to the availability of funds
appropriated by the General Assembly for this purpose, is
consistent with the payment principles of Medicare. To ensure
uniformity between the payment principles of Medicare and
Medicaid, the Illinois Department shall follow, to the extent
necessary and practicable and subject to the availability of
funds appropriated by the General Assembly for this purpose,
the statutes, laws, regulations, policies, procedures,
principles, definitions, guidelines, and manuals used to
determine the amounts paid to ambulance service providers under
Title XVIII of the Social Security Act (Medicare).
    (b) For ambulance services provided to a recipient of aid
under this Article on or after January 1, 1996, the Illinois
Department shall reimburse ambulance service providers based
upon the actual distance traveled if a natural disaster,
weather conditions, road repairs, or traffic congestion
necessitates the use of a route other than the most direct
route.
    (c) For purposes of this Section, "ambulance services"
includes medical transportation services provided by means of
an ambulance, medi-car, service car, or taxi.
    (c-1) For purposes of this Section, "ground ambulance
service" means medical transportation services that are
described as ground ambulance services by the Centers for
Medicare and Medicaid Services and provided in a vehicle that
is licensed as an ambulance by the Illinois Department of
Public Health pursuant to the Emergency Medical Services (EMS)
Systems Act.
    (c-2) For purposes of this Section, "ground ambulance
service provider" means a vehicle service provider as described
in the Emergency Medical Services (EMS) Systems Act that
operates licensed ambulances for the purpose of providing
emergency ambulance services, or non-emergency ambulance
services, or both. For purposes of this Section, this includes
both ambulance providers and ambulance suppliers as described
by the Centers for Medicare and Medicaid Services.
    (c-3) For purposes of this Section, "medi-car" means
transportation services provided to a patient who is confined
to a wheelchair and requires the use of a hydraulic or electric
lift or ramp and wheelchair lockdown when the patient's
condition does not require medical observation, medical
supervision, medical equipment, the administration of
medications, or the administration of oxygen.
    (c-4) For purposes of this Section, "service car" means
transportation services provided to a patient by a passenger
vehicle where that patient does not require the specialized
modes described in subsection (c-1) or (c-3).
    (d) This Section does not prohibit separate billing by
ambulance service providers for oxygen furnished while
providing advanced life support services.
    (e) Beginning with services rendered on or after July 1,
2008, all providers of non-emergency medi-car and service car
transportation must certify that the driver and employee
attendant, as applicable, have completed a safety program
approved by the Department to protect both the patient and the
driver, prior to transporting a patient. The provider must
maintain this certification in its records. The provider shall
produce such documentation upon demand by the Department or its
representative. Failure to produce documentation of such
training shall result in recovery of any payments made by the
Department for services rendered by a non-certified driver or
employee attendant. Medi-car and service car providers must
maintain legible documentation in their records of the driver
and, as applicable, employee attendant that actually
transported the patient. Providers must recertify all drivers
and employee attendants every 3 years.
    Notwithstanding the requirements above, any public
transportation provider of medi-car and service car
transportation that receives federal funding under 49 U.S.C.
5307 and 5311 need not certify its drivers and employee
attendants under this Section, since safety training is already
federally mandated.
    (f) With respect to any policy or program administered by
the Department or its agent regarding approval of non-emergency
medical transportation by ground ambulance service providers,
including, but not limited to, the Non-Emergency
Transportation Services Prior Approval Program (NETSPAP), the
Department shall establish by rule a process by which ground
ambulance service providers of non-emergency medical
transportation may appeal any decision by the Department or its
agent for which no denial was received prior to the time of
transport that either (i) denies a request for approval for
payment of non-emergency transportation by means of ground
ambulance service or (ii) grants a request for approval of
non-emergency transportation by means of ground ambulance
service at a level of service that entitles the ground
ambulance service provider to a lower level of compensation
from the Department than the ground ambulance service provider
would have received as compensation for the level of service
requested. The rule shall be filed by December 15, 2012 and
shall provide that, for any decision rendered by the Department
or its agent on or after the date the rule takes effect, the
ground ambulance service provider shall have 60 days from the
date the decision is received to file an appeal. The rule
established by the Department shall be, insofar as is
practical, consistent with the Illinois Administrative
Procedure Act. The Director's decision on an appeal under this
Section shall be a final administrative decision subject to
review under the Administrative Review Law.
    (f-5) Beginning 90 days after July 20, 2012 (the effective
date of Public Act 97-842), (i) no denial of a request for
approval for payment of non-emergency transportation by means
of ground ambulance service, and (ii) no approval of
non-emergency transportation by means of ground ambulance
service at a level of service that entitles the ground
ambulance service provider to a lower level of compensation
from the Department than would have been received at the level
of service submitted by the ground ambulance service provider,
may be issued by the Department or its agent unless the
Department has submitted the criteria for determining the
appropriateness of the transport for first notice publication
in the Illinois Register pursuant to Section 5-40 of the
Illinois Administrative Procedure Act.
    (g) Whenever a patient covered by a medical assistance
program under this Code or by another medical program
administered by the Department, including a patient covered
under the State's Medicaid managed care program, is being
transported from a facility and requires non-emergency
transportation including ground ambulance, medi-car, or
service car transportation, a Physician Certification
Statement as described in this Section shall be required for
each patient. Facilities shall develop procedures for a
licensed medical professional to provide a written and signed
Physician Certification Statement. The Physician Certification
Statement shall specify the level of transportation services
needed and complete a medical certification establishing the
criteria for approval of non-emergency ambulance
transportation, as published by the Department of Healthcare
and Family Services, that is met by the patient. This
certification shall be completed prior to ordering the
transportation service and prior to patient discharge. The
Physician Certification Statement is not required prior to
transport if a delay in transport can be expected to negatively
affect the patient outcome.
    The medical certification specifying the level and type of
non-emergency transportation needed shall be in the form of the
Physician Certification Statement on a standardized form
prescribed by the Department of Healthcare and Family Services.
Within 75 days after July 27, 2018 (the effective date of
Public Act 100-646) this amendatory Act of the 100th General
Assembly, the Department of Healthcare and Family Services
shall develop a standardized form of the Physician
Certification Statement specifying the level and type of
transportation services needed in consultation with the
Department of Public Health, Medicaid managed care
organizations, a statewide association representing ambulance
providers, a statewide association representing hospitals, 3
statewide associations representing nursing homes, and other
stakeholders. The Physician Certification Statement shall
include, but is not limited to, the criteria necessary to
demonstrate medical necessity for the level of transport needed
as required by (i) the Department of Healthcare and Family
Services and (ii) the federal Centers for Medicare and Medicaid
Services as outlined in the Centers for Medicare and Medicaid
Services' Medicare Benefit Policy Manual, Pub. 100-02, Chap.
10, Sec. 10.2.1, et seq. The use of the Physician Certification
Statement shall satisfy the obligations of hospitals under
Section 6.22 of the Hospital Licensing Act and nursing homes
under Section 2-217 of the Nursing Home Care Act.
Implementation and acceptance of the Physician Certification
Statement shall take place no later than 90 days after the
issuance of the Physician Certification Statement by the
Department of Healthcare and Family Services.
    Pursuant to subsection (E) of Section 12-4.25 of this Code,
the Department is entitled to recover overpayments paid to a
provider or vendor, including, but not limited to, from the
discharging physician, the discharging facility, and the
ground ambulance service provider, in instances where a
non-emergency ground ambulance service is rendered as the
result of improper or false certification.
    Beginning October 1, 2018, the Department of Healthcare and
Family Services shall collect data from Medicaid managed care
organizations and transportation brokers, including the
Department's NETSPAP broker, regarding denials and appeals
related to the missing or incomplete Physician Certification
Statement forms and overall compliance with this subsection.
The Department of Healthcare and Family Services shall publish
quarterly results on its website within 15 days following the
end of each quarter.
    (h) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
    (i) On and after July 1, 2018, the Department shall
increase the base rate of reimbursement for both base charges
and mileage charges for ground ambulance service providers for
medical transportation services provided by means of a ground
ambulance to a level not lower than 112% of the base rate in
effect as of June 30, 2018.
(Source: P.A. 100-587, eff. 6-4-18; 100-646, eff. 7-27-18;
revised 8-27-18.)
 
    (305 ILCS 5/5-5.02)  (from Ch. 23, par. 5-5.02)
    Sec. 5-5.02. Hospital reimbursements.
    (a) Reimbursement to hospitals; July 1, 1992 through
September 30, 1992. Notwithstanding any other provisions of
this Code or the Illinois Department's Rules promulgated under
the Illinois Administrative Procedure Act, reimbursement to
hospitals for services provided during the period July 1, 1992
through September 30, 1992, shall be as follows:
        (1) For inpatient hospital services rendered, or if
    applicable, for inpatient hospital discharges occurring,
    on or after July 1, 1992 and on or before September 30,
    1992, the Illinois Department shall reimburse hospitals
    for inpatient services under the reimbursement
    methodologies in effect for each hospital, and at the
    inpatient payment rate calculated for each hospital, as of
    June 30, 1992. For purposes of this paragraph,
    "reimbursement methodologies" means all reimbursement
    methodologies that pertain to the provision of inpatient
    hospital services, including, but not limited to, any
    adjustments for disproportionate share, targeted access,
    critical care access and uncompensated care, as defined by
    the Illinois Department on June 30, 1992.
        (2) For the purpose of calculating the inpatient
    payment rate for each hospital eligible to receive
    quarterly adjustment payments for targeted access and
    critical care, as defined by the Illinois Department on
    June 30, 1992, the adjustment payment for the period July
    1, 1992 through September 30, 1992, shall be 25% of the
    annual adjustment payments calculated for each eligible
    hospital, as of June 30, 1992. The Illinois Department
    shall determine by rule the adjustment payments for
    targeted access and critical care beginning October 1,
    1992.
        (3) For the purpose of calculating the inpatient
    payment rate for each hospital eligible to receive
    quarterly adjustment payments for uncompensated care, as
    defined by the Illinois Department on June 30, 1992, the
    adjustment payment for the period August 1, 1992 through
    September 30, 1992, shall be one-sixth of the total
    uncompensated care adjustment payments calculated for each
    eligible hospital for the uncompensated care rate year, as
    defined by the Illinois Department, ending on July 31,
    1992. The Illinois Department shall determine by rule the
    adjustment payments for uncompensated care beginning
    October 1, 1992.
    (b) Inpatient payments. For inpatient services provided on
or after October 1, 1993, in addition to rates paid for
hospital inpatient services pursuant to the Illinois Health
Finance Reform Act, as now or hereafter amended, or the
Illinois Department's prospective reimbursement methodology,
or any other methodology used by the Illinois Department for
inpatient services, the Illinois Department shall make
adjustment payments, in an amount calculated pursuant to the
methodology described in paragraph (c) of this Section, to
hospitals that the Illinois Department determines satisfy any
one of the following requirements:
        (1) Hospitals that are described in Section 1923 of the
    federal Social Security Act, as now or hereafter amended,
    except that for rate year 2015 and after a hospital
    described in Section 1923(b)(1)(B) of the federal Social
    Security Act and qualified for the payments described in
    subsection (c) of this Section for rate year 2014 provided
    the hospital continues to meet the description in Section
    1923(b)(1)(B) in the current determination year; or
        (2) Illinois hospitals that have a Medicaid inpatient
    utilization rate which is at least one-half a standard
    deviation above the mean Medicaid inpatient utilization
    rate for all hospitals in Illinois receiving Medicaid
    payments from the Illinois Department; or
        (3) Illinois hospitals that on July 1, 1991 had a
    Medicaid inpatient utilization rate, as defined in
    paragraph (h) of this Section, that was at least the mean
    Medicaid inpatient utilization rate for all hospitals in
    Illinois receiving Medicaid payments from the Illinois
    Department and which were located in a planning area with
    one-third or fewer excess beds as determined by the Health
    Facilities and Services Review Board, and that, as of June
    30, 1992, were located in a federally designated Health
    Manpower Shortage Area; or
        (4) Illinois hospitals that:
            (A) have a Medicaid inpatient utilization rate
        that is at least equal to the mean Medicaid inpatient
        utilization rate for all hospitals in Illinois
        receiving Medicaid payments from the Department; and
            (B) also have a Medicaid obstetrical inpatient
        utilization rate that is at least one standard
        deviation above the mean Medicaid obstetrical
        inpatient utilization rate for all hospitals in
        Illinois receiving Medicaid payments from the
        Department for obstetrical services; or
        (5) Any children's hospital, which means a hospital
    devoted exclusively to caring for children. A hospital
    which includes a facility devoted exclusively to caring for
    children shall be considered a children's hospital to the
    degree that the hospital's Medicaid care is provided to
    children if either (i) the facility devoted exclusively to
    caring for children is separately licensed as a hospital by
    a municipality prior to February 28, 2013; (ii) the
    hospital has been designated by the State as a Level III
    perinatal care facility, has a Medicaid Inpatient
    Utilization rate greater than 55% for the rate year 2003
    disproportionate share determination, and has more than
    10,000 qualified children days as defined by the Department
    in rulemaking; (iii) the hospital has been designated as a
    Perinatal Level III center by the State as of December 1,
    2017, is a Pediatric Critical Care Center designated by the
    State as of December 1, 2017 and has a 2017 Medicaid
    inpatient utilization rate equal to or greater than 45%; or
    (iv) the hospital has been designated as a Perinatal Level
    II center by the State as of December 1, 2017, has a 2017
    Medicaid Inpatient Utilization Rate greater than 70%, and
    has at least 10 pediatric beds as listed on the IDPH 2015
    calendar year hospital profile.
    (c) Inpatient adjustment payments. The adjustment payments
required by paragraph (b) shall be calculated based upon the
hospital's Medicaid inpatient utilization rate as follows:
        (1) hospitals with a Medicaid inpatient utilization
    rate below the mean shall receive a per day adjustment
    payment equal to $25;
        (2) hospitals with a Medicaid inpatient utilization
    rate that is equal to or greater than the mean Medicaid
    inpatient utilization rate but less than one standard
    deviation above the mean Medicaid inpatient utilization
    rate shall receive a per day adjustment payment equal to
    the sum of $25 plus $1 for each one percent that the
    hospital's Medicaid inpatient utilization rate exceeds the
    mean Medicaid inpatient utilization rate;
        (3) hospitals with a Medicaid inpatient utilization
    rate that is equal to or greater than one standard
    deviation above the mean Medicaid inpatient utilization
    rate but less than 1.5 standard deviations above the mean
    Medicaid inpatient utilization rate shall receive a per day
    adjustment payment equal to the sum of $40 plus $7 for each
    one percent that the hospital's Medicaid inpatient
    utilization rate exceeds one standard deviation above the
    mean Medicaid inpatient utilization rate; and
        (4) hospitals with a Medicaid inpatient utilization
    rate that is equal to or greater than 1.5 standard
    deviations above the mean Medicaid inpatient utilization
    rate shall receive a per day adjustment payment equal to
    the sum of $90 plus $2 for each one percent that the
    hospital's Medicaid inpatient utilization rate exceeds 1.5
    standard deviations above the mean Medicaid inpatient
    utilization rate.
    (d) Supplemental adjustment payments. In addition to the
adjustment payments described in paragraph (c), hospitals as
defined in clauses (1) through (5) of paragraph (b), excluding
county hospitals (as defined in subsection (c) of Section 15-1
of this Code) and a hospital organized under the University of
Illinois Hospital Act, shall be paid supplemental inpatient
adjustment payments of $60 per day. For purposes of Title XIX
of the federal Social Security Act, these supplemental
adjustment payments shall not be classified as adjustment
payments to disproportionate share hospitals.
    (e) The inpatient adjustment payments described in
paragraphs (c) and (d) shall be increased on October 1, 1993
and annually thereafter by a percentage equal to the lesser of
(i) the increase in the DRI hospital cost index for the most
recent 12 month period for which data are available, or (ii)
the percentage increase in the statewide average hospital
payment rate over the previous year's statewide average
hospital payment rate. The sum of the inpatient adjustment
payments under paragraphs (c) and (d) to a hospital, other than
a county hospital (as defined in subsection (c) of Section 15-1
of this Code) or a hospital organized under the University of
Illinois Hospital Act, however, shall not exceed $275 per day;
that limit shall be increased on October 1, 1993 and annually
thereafter by a percentage equal to the lesser of (i) the
increase in the DRI hospital cost index for the most recent
12-month period for which data are available or (ii) the
percentage increase in the statewide average hospital payment
rate over the previous year's statewide average hospital
payment rate.
    (f) Children's hospital inpatient adjustment payments. For
children's hospitals, as defined in clause (5) of paragraph
(b), the adjustment payments required pursuant to paragraphs
(c) and (d) shall be multiplied by 2.0.
    (g) County hospital inpatient adjustment payments. For
county hospitals, as defined in subsection (c) of Section 15-1
of this Code, there shall be an adjustment payment as
determined by rules issued by the Illinois Department.
    (h) For the purposes of this Section the following terms
shall be defined as follows:
        (1) "Medicaid inpatient utilization rate" means a
    fraction, the numerator of which is the number of a
    hospital's inpatient days provided in a given 12-month
    period to patients who, for such days, were eligible for
    Medicaid under Title XIX of the federal Social Security
    Act, and the denominator of which is the total number of
    the hospital's inpatient days in that same period.
        (2) "Mean Medicaid inpatient utilization rate" means
    the total number of Medicaid inpatient days provided by all
    Illinois Medicaid-participating hospitals divided by the
    total number of inpatient days provided by those same
    hospitals.
        (3) "Medicaid obstetrical inpatient utilization rate"
    means the ratio of Medicaid obstetrical inpatient days to
    total Medicaid inpatient days for all Illinois hospitals
    receiving Medicaid payments from the Illinois Department.
    (i) Inpatient adjustment payment limit. In order to meet
the limits of Public Law 102-234 and Public Law 103-66, the
Illinois Department shall by rule adjust disproportionate
share adjustment payments.
    (j) University of Illinois Hospital inpatient adjustment
payments. For hospitals organized under the University of
Illinois Hospital Act, there shall be an adjustment payment as
determined by rules adopted by the Illinois Department.
    (k) The Illinois Department may by rule establish criteria
for and develop methodologies for adjustment payments to
hospitals participating under this Article.
    (l) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
    (m) The Department shall establish a cost-based
reimbursement methodology for determining payments to
hospitals for approved graduate medical education (GME)
programs for dates of service on and after July 1, 2018.
        (1) As used in this subsection, "hospitals" means the
    University of Illinois Hospital as defined in the
    University of Illinois Hospital Act and a county hospital
    in a county of over 3,000,000 inhabitants.
        (2) An amendment to the Illinois Title XIX State Plan
    defining GME shall maximize reimbursement, shall not be
    limited to the education programs or special patient care
    payments allowed under Medicare, and shall include:
            (A) inpatient days;
            (B) outpatient days;
            (C) direct costs;
            (D) indirect costs;
            (E) managed care days;
            (F) all stages of medical training and education
        including students, interns, residents, and fellows
        with no caps on the number of persons who may qualify;
        and
            (G) patient care payments related to the
        complexities of treating Medicaid enrollees including
        clinical and social determinants of health.
        (3) The Department shall make all GME payments directly
    to hospitals including such costs in support of clients
    enrolled in Medicaid managed care entities.
        (4) The Department shall promptly take all actions
    necessary for reimbursement to be effective for dates of
    service on and after July 1, 2018 including publishing all
    appropriate public notices, amendments to the Illinois
    Title XIX State Plan, and adoption of administrative rules
    if necessary.
        (5) As used in this subsection, "managed care days"
    means costs associated with services rendered to enrollees
    of Medicaid managed care entities. "Medicaid managed care
    entities" means any entity which contracts with the
    Department to provide services paid for on a capitated
    basis. "Medicaid managed care entities" includes a managed
    care organization and a managed care community network.
        (6) All payments under this Section are contingent upon
    federal approval of changes to the Illinois Title XIX State
    Plan, if that approval is required.
        (7) The Department may adopt rules necessary to
    implement Public Act 100-581 this amendatory Act of the
    100th General Assembly through the use of emergency
    rulemaking in accordance with subsection (aa) of Section
    5-45 of the Illinois Administrative Procedure Act. For
    purposes of that Act, the General Assembly finds that the
    adoption of rules to implement Public Act 100-581 this
    amendatory Act of the 100th General Assembly is deemed an
    emergency and necessary for the public interest, safety,
    and welfare.
(Source: P.A. 100-580, eff. 3-12-18; 100-581, eff. 3-12-18;
revised 3-13-18.)
 
    (305 ILCS 5/5-5.25)
    Sec. 5-5.25. Access to behavioral health and medical
services.
    (a) The General Assembly finds that providing access to
behavioral health and medical services in a timely manner will
improve the quality of life for persons suffering from illness
and will contain health care costs by avoiding the need for
more costly inpatient hospitalization.
    (b) The Department of Healthcare and Family Services shall
reimburse psychiatrists, federally qualified health centers as
defined in Section 1905(l)(2)(B) of the federal Social Security
Act, clinical psychologists, clinical social workers, advanced
practice registered nurses certified in psychiatric and mental
health nursing, and mental health professionals and clinicians
authorized by Illinois law to provide behavioral health
services and advanced practice registered nurses certified in
psychiatric and mental health nursing to recipients via
telehealth. The Department, by rule, shall establish: (i)
criteria for such services to be reimbursed, including
appropriate facilities and equipment to be used at both sites
and requirements for a physician or other licensed health care
professional to be present at the site where the patient is
located; however, the Department shall not require that a
physician or other licensed health care professional be
physically present in the same room as the patient for the
entire time during which the patient is receiving telehealth
services; and (ii) a method to reimburse providers for mental
health services provided by telehealth.
    (c) The Department shall reimburse any Medicaid certified
eligible facility or provider organization that acts as the
location of the patient at the time a telehealth service is
rendered, including substance abuse centers licensed by the
Department of Human Services' Division of Alcoholism and
Substance Abuse.
    (d) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(Source: P.A. 100-385, eff. 1-1-18; 100-790, eff. 8-10-18;
100-1019, eff. 1-1-19; revised 10-3-18.)
 
    (305 ILCS 5/5-16.8)
    Sec. 5-16.8. Required health benefits. The medical
assistance program shall (i) provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356u, 356w, 356x, 356z.6, 356z.26, and
356z.29, and 356z.32 of the Illinois Insurance Code and (ii) be
subject to the provisions of Sections 356z.19, 364.01, 370c,
and 370c.1 of the Illinois Insurance Code.
    On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
    To ensure full access to the benefits set forth in this
Section, on and after January 1, 2016, the Department shall
ensure that provider and hospital reimbursement for
post-mastectomy care benefits required under this Section are
no lower than the Medicare reimbursement rate.
(Source: P.A. 99-433, eff. 8-21-15; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16; 100-138, eff. 8-18-17; 100-863, eff.
8-14-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
10-4-18.)
 
    (305 ILCS 5/5-30.6)
    Sec. 5-30.6. Managed care organization contracts
procurement requirement. Beginning on March 12, 2018 (the
effective date of Public Act 100-580) this amendatory Act of
the 100th General Assembly, any new contract between the
Department and a managed care organization as defined in
Section 5-30.1 shall be procured in accordance with the
Illinois Procurement Code.
    (a) Application.
        (1) This Section does not apply to the State of
    Illinois Medicaid Managed Care Organization Request for
    Proposals (2018-24-001) or any agreement, regardless of
    what it may be called, related to or arising from this
    procurement, including, but not limited to, contracts,
    renewals, renegotiated contracts, amendments, and change
    orders.
        (2) This Section does not apply to Medicare-Medicaid
    Alignment Initiative contracts executed under Article V-F
    of this Code.
    (b) In the event any provision of this Section or of the
Illinois Procurement Code is inconsistent with applicable
federal law or would have the effect of foreclosing the use,
potential use, or receipt of federal financial participation,
the applicable federal law or funding condition shall prevail,
but only to the extent of such inconsistency.
(Source: P.A. 100-580, eff. 3-12-18; revised 10-22-18.)
 
    (305 ILCS 5/5-30.8)
    Sec. 5-30.8. Managed care organization rate transparency.
    (a) For the establishment of managed care organization
(MCO) capitation base rate payments from the State, including,
but not limited to: (i) hospital fee schedule reforms and
updates, (ii) rates related to a single State-mandated
preferred drug list, (iii) rate updates related to the State's
preferred drug list, (iv) inclusion of coverage for children
with special needs, (v) inclusion of coverage for children
within the child welfare system, (vi) annual MCO capitation
rates, and (vii) any retroactive provider fee schedule
adjustments or other changes required by legislation or other
actions, the Department of Healthcare and Family Services shall
implement a capitation base rate setting process beginning on
July 27, 2018 (the effective date of Public Act 100-646) this
amendatory Act of the 100th General Assembly which shall
include all of the following elements of transparency:
        (1) The Department shall include participating MCOs
    and a statewide trade association representing a majority
    of participating MCOs in meetings to discuss the impact to
    base capitation rates as a result of any new or updated
    hospital fee schedules or other provider fee schedules.
    Additionally, the Department shall share any data or
    reports used to develop MCO capitation rates with
    participating MCOs. This data shall be comprehensive
    enough for MCO actuaries to recreate and verify the
    accuracy of the capitation base rate build-up.
        (2) The Department shall not limit the number of
    experts that each MCO is allowed to bring to the draft
    capitation base rate meeting or the final capitation base
    rate review meeting. Draft and final capitation base rate
    review meetings shall be held in at least 2 locations.
        (3) The Department and its contracted actuary shall
    meet with all participating MCOs simultaneously and
    together along with consulting actuaries contracted with
    statewide trade association representing a majority of
    Medicaid health plans at the request of the plans.
    Participating MCOs shall additionally, at their request,
    be granted individual capitation rate development meetings
    with the Department.
        (4) Any quality incentive or other incentive
    withholding of any portion of the actuarially certified
    capitation rates must be budget-neutral. The entirety of
    any aggregate withheld amounts must be returned to the MCOs
    in proportion to their performance on the relevant
    performance metric. No amounts shall be returned to the
    Department if all performance measures are not achieved to
    the extent allowable by federal law and regulations.
        (5) Upon request, the Department shall provide written
    responses to questions regarding MCO capitation base
    rates, the capitation base development methodology, and
    MCO capitation rate data, and all other requests regarding
    capitation rates from MCOs. Upon request, the Department
    shall also provide to the MCOs materials used in
    incorporating provider fee schedules into base capitation
    rates.
    (b) For the development of capitation base rates for new
capitation rate years:
        (1) The Department shall take into account emerging
    experience in the development of the annual MCO capitation
    base rates, including, but not limited to, current-year
    cost and utilization trends observed by MCOs in an
    actuarially sound manner and in accordance with federal law
    and regulations.
        (2) No later than January 1 of each year, the
    Department shall release an agreed upon annual calendar
    that outlines dates for capitation rate setting meetings
    for that year. The calendar shall include at least the
    following meetings and deadlines:
            (A) An initial meeting for the Department to review
        MCO data and draft rate assumptions to be used in the
        development of capitation base rates for the following
        year.
            (B) A draft rate meeting after the Department
        provides the MCOs with the draft capitation base rates
        to discuss, review, and seek feedback regarding the
        draft capitation base rates.
        (3) Prior to the submission of final capitation rates
    to the federal Centers for Medicare and Medicaid Services,
    the Department shall provide the MCOs with a final
    actuarial report including the final capitation base rates
    for the following year and subsequently conduct a final
    capitation base review meeting. Final capitation rates
    shall be marked final.
    (c) For the development of capitation base rates reflecting
policy changes:
        (1) Unless contrary to federal law and regulation, the
    Department must provide notice to MCOs of any significant
    operational policy change no later than 60 days prior to
    the effective date of an operational policy change in order
    to give MCOs time to prepare for and implement the
    operational policy change and to ensure that the quality
    and delivery of enrollee health care is not disrupted.
    "Operational policy change" means a change to operational
    requirements such as reporting formats, encounter
    submission definitional changes, or required provider
    interfaces made at the sole discretion of the Department
    and not required by legislation with a retroactive
    effective date. Nothing in this Section shall be construed
    as a requirement to delay or prohibit implementation of
    policy changes that impact enrollee benefits as determined
    in the sole discretion of the Department.
        (2) No later than 60 days after the effective date of
    the policy change or program implementation, the
    Department shall meet with the MCOs regarding the initial
    data collection needed to establish capitation base rates
    for the policy change. Additionally, the Department shall
    share with the participating MCOs what other data is needed
    to estimate the change and the processes for collection of
    that data that shall be utilized to develop capitation base
    rates.
        (3) No later than 60 days after the effective date of
    the policy change or program implementation, the
    Department shall meet with MCOs to review data and the
    Department's written draft assumptions to be used in
    development of capitation base rates for the policy change,
    and shall provide opportunities for questions to be asked
    and answered.
        (4) No later than 60 days after the effective date of
    the policy change or program implementation, the
    Department shall provide the MCOs with draft capitation
    base rates and shall also conduct a draft capitation base
    rate meeting with MCOs to discuss, review, and seek
    feedback regarding the draft capitation base rates.
    (d) For the development of capitation base rates for
retroactive policy or fee schedule changes:
        (1) The Department shall meet with the MCOs regarding
    the initial data collection needed to establish capitation
    base rates for the policy change. Additionally, the
    Department shall share with the participating MCOs what
    other data is needed to estimate the change and the
    processes for collection of the data that shall be utilized
    to develop capitation base rates.
        (2) The Department shall meet with MCOs to review data
    and the Department's written draft assumptions to be used
    in development of capitation base rates for the policy
    change. The Department shall provide opportunities for
    questions to be asked and answered.
        (3) The Department shall provide the MCOs with draft
    capitation rates and shall also conduct a draft rate
    meeting with MCOs to discuss, review, and seek feedback
    regarding the draft capitation base rates.
        (4) The Department shall inform MCOs no less than
    quarterly of upcoming benefit and policy changes to the
    Medicaid program.
    (e) Meetings of the group established to discuss Medicaid
capitation rates under this Section shall be closed to the
public and shall not be subject to the Open Meetings Act.
Records and information produced by the group established to
discuss Medicaid capitation rates under this Section shall be
confidential and not subject to the Freedom of Information Act.
(Source: P.A. 100-646, eff. 7-27-18; revised 10-22-18.)
 
    (305 ILCS 5/5-30.9)
    Sec. 5-30.9 5-30.6. Disenrollment requirements; managed
care organization. Disenrollment of a Medicaid enrollee from a
managed care organization under contract with the Department
shall be in accordance with the requirements of 42 CFR 438.56
whenever a contract is terminated between a Medicaid managed
care health plan and a primary care provider that results in a
disruption to the Medicaid enrollee's provider-beneficiary
relationship.
(Source: P.A. 100-950, eff. 8-19-18; revised 10-22-18.)
 
    (305 ILCS 5/5-30.10)
    Sec. 5-30.10 5-30.8. Electronic report submission. To
preserve the quality of data and ensure productive oversight of
Medicaid managed care organizations, all regular reports
required, either by contract or statute, to be collected by the
Department from managed care organizations shall be collected
through a secure electronic format and medium as designated by
the Department. The Department shall consider concerns raised
by the contractor about potential burdens associated with
producing the report. Ad hoc reports may be collected in
alternative manners.
(Source: P.A. 100-1105, eff. 8-27-18; revised 10-22-18.)
 
    (305 ILCS 5/5A-15)
    Sec. 5A-15. Protection of federal revenue.
    (a) If the federal Centers for Medicare and Medicaid
Services finds that any federal upper payment limit applicable
to the payments under this Article is exceeded then:
        (1) (i) if such finding is made before payments have
    been issued, the payments under this Article and the
    increases in claims-based hospital payment rates specified
    under Section 14-12 of this Code, as authorized under
    Public Act 100-581 this amendatory Act of the 100th General
    Assembly, that exceed the applicable federal upper payment
    limit shall be reduced uniformly to the extent necessary to
    comply with the applicable federal upper payment limit; or
    (ii) if such finding is made after payments have been
    issued, the payments under this Article that exceed the
    applicable federal upper payment limit shall be reduced
    uniformly to the extent necessary to comply with the
    applicable federal upper payment limit; and
        (2) any assessment rate imposed under this Article
    shall be reduced such that the aggregate assessment is
    reduced by the same percentage reduction applied in
    paragraph (1); and
        (3) any transfers from the Hospital Provider Fund under
    Section 5A-8 shall be reduced by the same percentage
    reduction applied in paragraph (1).
    (b) Any payment reductions made under the authority granted
in this Section are exempt from the requirements and actions
under Section 5A-10.
    (c) If any payments made as a result of the requirements of
this Article are subject to a disallowance, deferral, or
adjustment of federal matching funds then:
        (1) the Department shall recoup the payments related to
    those federal matching funds paid by the Department from
    the parties paid by the Department;
        (2) if the payments that are subject to a disallowance,
    deferral, or adjustment of federal matching funds were made
    to MCOs, the Department shall recoup the payments related
    to the disallowance, deferral, or adjustment from the MCOs
    no sooner than the Department is required to remit federal
    matching funds to the Centers for Medicare and Medicaid
    Services or any other federal agency, and hospitals that
    received payments from the MCOs that were made with such
    disallowed, deferred, or adjusted federal matching funds
    must return those payments to the MCOs at least 10 business
    days before the MCOs are required to remit such payments to
    the Department; and
        (3) any assessment paid to the Department by hospitals
    under this Article that is attributable to the payments
    that are subject to a disallowance, deferral, or adjustment
    of federal matching funds, shall be refunded to the
    hospitals by the Department.
    If an MCO is unable to recoup funds from a hospital for any
reason, then the Department, upon written notice from an MCO,
shall work in good faith with the MCO to mitigate losses
associated with the lack of recoupment. Losses by an MCO shall
not exceed 1% of the total payments distributed by the MCO to
hospitals pursuant to the Hospital Assessment Program.
(Source: P.A. 100-580, eff. 3-12-18; 100-581, eff. 3-12-18;
revised 3-13-18.)
 
    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
    Sec. 9A-11. Child care.
    (a) The General Assembly recognizes that families with
children need child care in order to work. Child care is
expensive and families with low incomes, including those who
are transitioning from welfare to work, often struggle to pay
the costs of day care. The General Assembly understands the
importance of helping low-income low income working families
become and remain self-sufficient. The General Assembly also
believes that it is the responsibility of families to share in
the costs of child care. It is also the preference of the
General Assembly that all working poor families should be
treated equally, regardless of their welfare status.
    (b) To the extent resources permit, the Illinois Department
shall provide child care services to parents or other relatives
as defined by rule who are working or participating in
employment or Department approved education or training
programs. At a minimum, the Illinois Department shall cover the
following categories of families:
        (1) recipients of TANF under Article IV participating
    in work and training activities as specified in the
    personal plan for employment and self-sufficiency;
        (2) families transitioning from TANF to work;
        (3) families at risk of becoming recipients of TANF;
        (4) families with special needs as defined by rule;
        (5) working families with very low incomes as defined
    by rule;
        (6) families that are not recipients of TANF and that
    need child care assistance to participate in education and
    training activities; and
        (7) families with children under the age of 5 who have
    an open intact family services case with the Department of
    Children and Family Services. Any family that receives
    child care assistance in accordance with this paragraph
    shall remain eligible for child care assistance 6 months
    after the child's intact family services case is closed,
    regardless of whether the child's parents or other
    relatives as defined by rule are working or participating
    in Department approved employment or education or training
    programs. The Department of Human Services, in
    consultation with the Department of Children and Family
    Services, shall adopt rules to protect the privacy of
    families who are the subject of an open intact family
    services case when such families enroll in child care
    services. Additional rules shall be adopted to offer
    children who have an open intact family services case the
    opportunity to receive an Early Intervention screening and
    other services that their families may be eligible for as
    provided by the Department of Human Services.
    The Department shall specify by rule the conditions of
eligibility, the application process, and the types, amounts,
and duration of services. Eligibility for child care benefits
and the amount of child care provided may vary based on family
size, income, and other factors as specified by rule.
    A family's eligibility for child care services shall be
redetermined no sooner than 12 months following the initial
determination or most recent redetermination. During the
12-month periods, the family shall remain eligible for child
care services regardless of (i) a change in family income,
unless family income exceeds 85% of State median income, or
(ii) a temporary change in the ongoing status of the parents or
other relatives, as defined by rule, as working or attending a
job training or educational program.
    In determining income eligibility for child care benefits,
the Department annually, at the beginning of each fiscal year,
shall establish, by rule, one income threshold for each family
size, in relation to percentage of State median income for a
family of that size, that makes families with incomes below the
specified threshold eligible for assistance and families with
incomes above the specified threshold ineligible for
assistance. Through and including fiscal year 2007, the
specified threshold must be no less than 50% of the
then-current State median income for each family size.
Beginning in fiscal year 2008, the specified threshold must be
no less than 185% of the then-current federal poverty level for
each family size. Notwithstanding any other provision of law or
administrative rule to the contrary, beginning in fiscal year
2019, the specified threshold for working families with very
low incomes as defined by rule must be no less than 185% of the
then-current federal poverty level for each family size.
    In determining eligibility for assistance, the Department
shall not give preference to any category of recipients or give
preference to individuals based on their receipt of benefits
under this Code.
    Nothing in this Section shall be construed as conferring
entitlement status to eligible families.
    The Illinois Department is authorized to lower income
eligibility ceilings, raise parent co-payments, create waiting
lists, or take such other actions during a fiscal year as are
necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child
care benefits. These changes may be accomplished by emergency
rule under Section 5-45 of the Illinois Administrative
Procedure Act, except that the limitation on the number of
emergency rules that may be adopted in a 24-month period shall
not apply.
    The Illinois Department may contract with other State
agencies or child care organizations for the administration of
child care services.
    (c) Payment shall be made for child care that otherwise
meets the requirements of this Section and applicable standards
of State and local law and regulation, including any
requirements the Illinois Department promulgates by rule in
addition to the licensure requirements promulgated by the
Department of Children and Family Services and Fire Prevention
and Safety requirements promulgated by the Office of the State
Fire Marshal, and is provided in any of the following:
        (1) a child care center which is licensed or exempt
    from licensure pursuant to Section 2.09 of the Child Care
    Act of 1969;
        (2) a licensed child care home or home exempt from
    licensing;
        (3) a licensed group child care home;
        (4) other types of child care, including child care
    provided by relatives or persons living in the same home as
    the child, as determined by the Illinois Department by
    rule.
    (c-5) Solely for the purposes of coverage under the
Illinois Public Labor Relations Act, child and day care home
providers, including licensed and license exempt,
participating in the Department's child care assistance
program shall be considered to be public employees and the
State of Illinois shall be considered to be their employer as
of January 1, 2006 (the effective date of Public Act 94-320)
this amendatory Act of the 94th General Assembly, but not
before. The State shall engage in collective bargaining with an
exclusive representative of child and day care home providers
participating in the child care assistance program concerning
their terms and conditions of employment that are within the
State's control. Nothing in this subsection shall be understood
to limit the right of families receiving services defined in
this Section to select child and day care home providers or
supervise them within the limits of this Section. The State
shall not be considered to be the employer of child and day
care home providers for any purposes not specifically provided
in Public Act 94-320 this amendatory Act of the 94th General
Assembly, including, but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Child and day care home providers
shall not be covered by the State Employees Group Insurance Act
of 1971.
    In according child and day care home providers and their
selected representative rights under the Illinois Public Labor
Relations Act, the State intends that the State action
exemption to application of federal and State antitrust laws be
fully available to the extent that their activities are
authorized by Public Act 94-320 this amendatory Act of the 94th
General Assembly.
    (d) The Illinois Department shall establish, by rule, a
co-payment scale that provides for cost sharing by families
that receive child care services, including parents whose only
income is from assistance under this Code. The co-payment shall
be based on family income and family size and may be based on
other factors as appropriate. Co-payments may be waived for
families whose incomes are at or below the federal poverty
level.
    (d-5) The Illinois Department, in consultation with its
Child Care and Development Advisory Council, shall develop a
plan to revise the child care assistance program's co-payment
scale. The plan shall be completed no later than February 1,
2008, and shall include:
        (1) findings as to the percentage of income that the
    average American family spends on child care and the
    relative amounts that low-income families and the average
    American family spend on other necessities of life;
        (2) recommendations for revising the child care
    co-payment scale to assure that families receiving child
    care services from the Department are paying no more than
    they can reasonably afford;
        (3) recommendations for revising the child care
    co-payment scale to provide at-risk children with complete
    access to Preschool for All and Head Start; and
        (4) recommendations for changes in child care program
    policies that affect the affordability of child care.
    (e) (Blank).
    (f) The Illinois Department shall, by rule, set rates to be
paid for the various types of child care. Child care may be
provided through one of the following methods:
        (1) arranging the child care through eligible
    providers by use of purchase of service contracts or
    vouchers;
        (2) arranging with other agencies and community
    volunteer groups for non-reimbursed child care;
        (3) (blank); or
        (4) adopting such other arrangements as the Department
    determines appropriate.
    (f-1) Within 30 days after June 4, 2018 (the effective date
of Public Act 100-587) this amendatory Act of the 100th General
Assembly, the Department of Human Services shall establish
rates for child care providers that are no less than the rates
in effect on January 1, 2018 increased by 4.26%.
    (f-5) (Blank).
    (g) Families eligible for assistance under this Section
shall be given the following options:
        (1) receiving a child care certificate issued by the
    Department or a subcontractor of the Department that may be
    used by the parents as payment for child care and
    development services only; or
        (2) if space is available, enrolling the child with a
    child care provider that has a purchase of service contract
    with the Department or a subcontractor of the Department
    for the provision of child care and development services.
    The Department may identify particular priority
    populations for whom they may request special
    consideration by a provider with purchase of service
    contracts, provided that the providers shall be permitted
    to maintain a balance of clients in terms of household
    incomes and families and children with special needs, as
    defined by rule.
(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
8-17-18; revised 10-9-18.)
 
    (305 ILCS 5/12-4.51)
    Sec. 12-4.51. Workforce training and healthy families
demonstration project.
    (a) Subject to the availability of funds provided for this
purpose by the federal government, local philanthropic or
charitable sources, or other private sources, there is created
a 5-year demonstration project within the Department of Human
Services to provide an intensive workforce training program for
entry-level entry level workers and a multi-generational
healthy family initiative. No general revenue funds may be used
to fund the demonstration project created under this Section.
The demonstration project shall be implemented no later than 6
months after January 1, 2019 (the effective date of Public Act
100-806) this amendatory Act of the 100th General Assembly and
shall terminate 5 years after the initial date of
implementation. The demonstration project shall be operated
and maintained by a non-profit, community-based entity that
shall provide the majority of the wages earned by participants
enrolled in the workforce training program as well as support
services to families, including new and expectant parents,
enrolled in the multi-generational healthy family initiative.
The total number of participants in the 5-year demonstration
project at any one time shall not exceed 500. Participants
enrolled in the workforce training program or the
multi-generational healthy family initiative shall qualify to
have whatever financial assistance they receive from their
participation excluded from consideration for purposes of
determining eligibility for or the amount of assistance under
this Code as provided in subsection (d) of Section 1-7. The
selected entity must immediately notify the Department of Human
Services or the Department of Healthcare and Family Services
whenever a participant enrolled in the workforce training
program or the multi-generational healthy family initiative
leaves the demonstration project and ceases to participate in
any of the programs under the demonstration making the
participant ineligible to receive an exemption as provided in
subsection (d) of Section 1-7.
    (b) The entity selected to operate and maintain the
demonstration project shall be a non-profit, community-based
entity in good standing with the State that is located in a
county with a population of less than 3,000,000. The selected
entity must comply with all applicable State and federal
requirements and must develop and implement a research
component to determine the effectiveness of the demonstration
project in promoting and instilling self-sufficiency through
its intensive workforce training program and
multi-generational healthy family initiative. The State shall
not fund the research component outlined in the Section or any
program under the demonstration project.
    (c) Beginning one year after the initial implementation
date of the demonstration project, and each year thereafter for
the duration of the demonstration, the selected entity shall
submit a report to the Department of Human Services, the
Department of Healthcare and Family Services, and the General
Assembly that details the progress and effectiveness of the
demonstration project and the demonstration's impact on
instilling the value of self-sufficiency in participants. The
4th annual report shall also provide policy recommendations on
best practices for and continued research on facilitating
bridges to self-sufficiency. The 4th annual report may also
include a recommendation on making the demonstration project
permanent upon completion of the demonstration project period.
    The reports to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of the
Senate in electronic form only, in the manner that the Clerk
and the Secretary shall direct.
(Source: P.A. 100-806, eff. 1-1-19; revised 10-3-18.)
 
    (305 ILCS 5/14-12)
    Sec. 14-12. Hospital rate reform payment system. The
hospital payment system pursuant to Section 14-11 of this
Article shall be as follows:
    (a) Inpatient hospital services. Effective for discharges
on and after July 1, 2014, reimbursement for inpatient general
acute care services shall utilize the All Patient Refined
Diagnosis Related Grouping (APR-DRG) software, version 30,
distributed by 3MTM Health Information System.
        (1) The Department shall establish Medicaid weighting
    factors to be used in the reimbursement system established
    under this subsection. Initial weighting factors shall be
    the weighting factors as published by 3M Health Information
    System, associated with Version 30.0 adjusted for the
    Illinois experience.
        (2) The Department shall establish a
    statewide-standardized amount to be used in the inpatient
    reimbursement system. The Department shall publish these
    amounts on its website no later than 10 calendar days prior
    to their effective date.
        (3) In addition to the statewide-standardized amount,
    the Department shall develop adjusters to adjust the rate
    of reimbursement for critical Medicaid providers or
    services for trauma, transplantation services, perinatal
    care, and Graduate Medical Education (GME).
        (4) The Department shall develop add-on payments to
    account for exceptionally costly inpatient stays,
    consistent with Medicare outlier principles. Outlier fixed
    loss thresholds may be updated to control for excessive
    growth in outlier payments no more frequently than on an
    annual basis, but at least triennially. Upon updating the
    fixed loss thresholds, the Department shall be required to
    update base rates within 12 months.
        (5) The Department shall define those hospitals or
    distinct parts of hospitals that shall be exempt from the
    APR-DRG reimbursement system established under this
    Section. The Department shall publish these hospitals'
    inpatient rates on its website no later than 10 calendar
    days prior to their effective date.
        (6) Beginning July 1, 2014 and ending on June 30, 2024,
    in addition to the statewide-standardized amount, the
    Department shall develop an adjustor to adjust the rate of
    reimbursement for safety-net hospitals defined in Section
    5-5e.1 of this Code excluding pediatric hospitals.
        (7) Beginning July 1, 2014 and ending on June 30, 2020,
    or upon implementation of inpatient psychiatric rate
    increases as described in subsection (n) of Section
    5A-12.6, in addition to the statewide-standardized amount,
    the Department shall develop an adjustor to adjust the rate
    of reimbursement for Illinois freestanding inpatient
    psychiatric hospitals that are not designated as
    children's hospitals by the Department but are primarily
    treating patients under the age of 21.
        (7.5) Beginning July 1, 2020, the reimbursement for
    inpatient psychiatric services shall be so that base claims
    projected reimbursement is increased by an amount equal to
    the funds allocated in paragraph (2) of subsection (b) of
    Section 5A-12.6, less the amount allocated under
    paragraphs (8) and (9) of this subsection and paragraphs
    (3) and (4) of subsection (b) multiplied by 13%. Beginning
    July 1, 2022, the reimbursement for inpatient psychiatric
    services shall be so that base claims projected
    reimbursement is increased by an amount equal to the funds
    allocated in paragraph (3) of subsection (b) of Section
    5A-12.6, less the amount allocated under paragraphs (8) and
    (9) of this subsection and paragraphs (3) and (4) of
    subsection (b) multiplied by 13%. Beginning July 1, 2024,
    the reimbursement for inpatient psychiatric services shall
    be so that base claims projected reimbursement is increased
    by an amount equal to the funds allocated in paragraph (4)
    of subsection (b) of Section 5A-12.6, less the amount
    allocated under paragraphs (8) and (9) of this subsection
    and paragraphs (3) and (4) of subsection (b) multiplied by
    13%.
        (8) Beginning July 1, 2018, in addition to the
    statewide-standardized amount, the Department shall adjust
    the rate of reimbursement for hospitals designated by the
    Department of Public Health as a Perinatal Level II or II+
    center by applying the same adjustor that is applied to
    Perinatal and Obstetrical care cases for Perinatal Level
    III centers, as of December 31, 2017.
        (9) Beginning July 1, 2018, in addition to the
    statewide-standardized amount, the Department shall apply
    the same adjustor that is applied to trauma cases as of
    December 31, 2017 to inpatient claims to treat patients
    with burns, including, but not limited to, APR-DRGs 841,
    842, 843, and 844.
        (10) Beginning July 1, 2018, the
    statewide-standardized amount for inpatient general acute
    care services shall be uniformly increased so that base
    claims projected reimbursement is increased by an amount
    equal to the funds allocated in paragraph (1) of subsection
    (b) of Section 5A-12.6, less the amount allocated under
    paragraphs (8) and (9) of this subsection and paragraphs
    (3) and (4) of subsection (b) multiplied by 40%. Beginning
    July 1, 2020, the statewide-standardized amount for
    inpatient general acute care services shall be uniformly
    increased so that base claims projected reimbursement is
    increased by an amount equal to the funds allocated in
    paragraph (2) of subsection (b) of Section 5A-12.6, less
    the amount allocated under paragraphs (8) and (9) of this
    subsection and paragraphs (3) and (4) of subsection (b)
    multiplied by 40%. Beginning July 1, 2022, the
    statewide-standardized amount for inpatient general acute
    care services shall be uniformly increased so that base
    claims projected reimbursement is increased by an amount
    equal to the funds allocated in paragraph (3) of subsection
    (b) of Section 5A-12.6, less the amount allocated under
    paragraphs (8) and (9) of this subsection and paragraphs
    (3) and (4) of subsection (b) multiplied by 40%. Beginning
    July 1, 2023 the statewide-standardized amount for
    inpatient general acute care services shall be uniformly
    increased so that base claims projected reimbursement is
    increased by an amount equal to the funds allocated in
    paragraph (4) of subsection (b) of Section 5A-12.6, less
    the amount allocated under paragraphs (8) and (9) of this
    subsection and paragraphs (3) and (4) of subsection (b)
    multiplied by 40%.
        (11) Beginning July 1, 2018, the reimbursement for
    inpatient rehabilitation services shall be increased by
    the addition of a $96 per day add-on.
        Beginning July 1, 2020, the reimbursement for
    inpatient rehabilitation services shall be uniformly
    increased so that the $96 per day add-on is increased by an
    amount equal to the funds allocated in paragraph (2) of
    subsection (b) of Section 5A-12.6, less the amount
    allocated under paragraphs (8) and (9) of this subsection
    and paragraphs (3) and (4) of subsection (b) multiplied by
    0.9%.
        Beginning July 1, 2022, the reimbursement for
    inpatient rehabilitation services shall be uniformly
    increased so that the $96 per day add-on as adjusted by the
    July 1, 2020 increase, is increased by an amount equal to
    the funds allocated in paragraph (3) of subsection (b) of
    Section 5A-12.6, less the amount allocated under
    paragraphs (8) and (9) of this subsection and paragraphs
    (3) and (4) of subsection (b) multiplied by 0.9%.
        Beginning July 1, 2023, the reimbursement for
    inpatient rehabilitation services shall be uniformly
    increased so that the $96 per day add-on as adjusted by the
    July 1, 2022 increase, is increased by an amount equal to
    the funds allocated in paragraph (4) of subsection (b) of
    Section 5A-12.6, less the amount allocated under
    paragraphs (8) and (9) of this subsection and paragraphs
    (3) and (4) of subsection (b) multiplied by 0.9%.
    (b) Outpatient hospital services. Effective for dates of
service on and after July 1, 2014, reimbursement for outpatient
services shall utilize the Enhanced Ambulatory Procedure
Grouping (EAPG E-APG) software, version 3.7 distributed by 3MTM
Health Information System.
        (1) The Department shall establish Medicaid weighting
    factors to be used in the reimbursement system established
    under this subsection. The initial weighting factors shall
    be the weighting factors as published by 3M Health
    Information System, associated with Version 3.7.
        (2) The Department shall establish service specific
    statewide-standardized amounts to be used in the
    reimbursement system.
            (A) The initial statewide standardized amounts,
        with the labor portion adjusted by the Calendar Year
        2013 Medicare Outpatient Prospective Payment System
        wage index with reclassifications, shall be published
        by the Department on its website no later than 10
        calendar days prior to their effective date.
            (B) The Department shall establish adjustments to
        the statewide-standardized amounts for each Critical
        Access Hospital, as designated by the Department of
        Public Health in accordance with 42 CFR 485, Subpart F.
        The EAPG standardized amounts are determined
        separately for each critical access hospital such that
        simulated EAPG payments using outpatient base period
        paid claim data plus payments under Section 5A-12.4 of
        this Code net of the associated tax costs are equal to
        the estimated costs of outpatient base period claims
        data with a rate year cost inflation factor applied.
        (3) In addition to the statewide-standardized amounts,
    the Department shall develop adjusters to adjust the rate
    of reimbursement for critical Medicaid hospital outpatient
    providers or services, including outpatient high volume or
    safety-net hospitals. Beginning July 1, 2018, the
    outpatient high volume adjustor shall be increased to
    increase annual expenditures associated with this adjustor
    by $79,200,000, based on the State Fiscal Year 2015 base
    year data and this adjustor shall apply to public
    hospitals, except for large public hospitals, as defined
    under 89 Ill. Adm. Code 148.25(a).
        (4) Beginning July 1, 2018, in addition to the
    statewide standardized amounts, the Department shall make
    an add-on payment for outpatient expensive devices and
    drugs. This add-on payment shall at least apply to claim
    lines that: (i) are assigned with one of the following
    EAPGs: 490, 1001 to 1020, and coded with one of the
    following revenue codes: 0274 to 0276, 0278; or (ii) are
    assigned with one of the following EAPGs: 430 to 441, 443,
    444, 460 to 465, 495, 496, 1090. The add-on payment shall
    be calculated as follows: the claim line's covered charges
    multiplied by the hospital's total acute cost to charge
    ratio, less the claim line's EAPG payment plus $1,000,
    multiplied by 0.8.
        (5) Beginning July 1, 2018, the statewide-standardized
    amounts for outpatient services shall be increased so that
    base claims projected reimbursement is increased by an
    amount equal to the funds allocated in paragraph (1) of
    subsection (b) of Section 5A-12.6, less the amount
    allocated under paragraphs (8) and (9) of subsection (a)
    and paragraphs (3) and (4) of this subsection multiplied by
    46%. Beginning July 1, 2020, the statewide-standardized
    amounts for outpatient services shall be increased so that
    base claims projected reimbursement is increased by an
    amount equal to the funds allocated in paragraph (2) of
    subsection (b) of Section 5A-12.6, less the amount
    allocated under paragraphs (8) and (9) of subsection (a)
    and paragraphs (3) and (4) of this subsection multiplied by
    46%. Beginning July 1, 2022, the statewide-standardized
    amounts for outpatient services shall be increased so that
    base claims projected reimbursement is increased by an
    amount equal to the funds allocated in paragraph (3) of
    subsection (b) of Section 5A-12.6, less the amount
    allocated under paragraphs (8) and (9) of subsection (a)
    and paragraphs (3) and (4) of this subsection multiplied by
    46%. Beginning July 1, 2023, the statewide-standardized
    amounts for outpatient services shall be increased so that
    base claims projected reimbursement is increased by an
    amount equal to the funds allocated in paragraph (4) of
    subsection (b) of Section 5A-12.6, less the amount
    allocated under paragraphs (8) and (9) of subsection (a)
    and paragraphs (3) and (4) of this subsection multiplied by
    46%.
    (c) In consultation with the hospital community, the
Department is authorized to replace 89 Ill. Admin. Code 152.150
as published in 38 Ill. Reg. 4980 through 4986 within 12 months
of June 16, 2014 (the effective date of Public Act 98-651) this
amendatory Act of the 98th General Assembly. If the Department
does not replace these rules within 12 months of June 16, 2014
(the effective date of Public Act 98-651) this amendatory Act
of the 98th General Assembly, the rules in effect for 152.150
as published in 38 Ill. Reg. 4980 through 4986 shall remain in
effect until modified by rule by the Department. Nothing in
this subsection shall be construed to mandate that the
Department file a replacement rule.
    (d) Transition period. There shall be a transition period
to the reimbursement systems authorized under this Section that
shall begin on the effective date of these systems and continue
until June 30, 2018, unless extended by rule by the Department.
To help provide an orderly and predictable transition to the
new reimbursement systems and to preserve and enhance access to
the hospital services during this transition, the Department
shall allocate a transitional hospital access pool of at least
$290,000,000 annually so that transitional hospital access
payments are made to hospitals.
        (1) After the transition period, the Department may
    begin incorporating the transitional hospital access pool
    into the base rate structure; however, the transitional
    hospital access payments in effect on June 30, 2018 shall
    continue to be paid, if continued under Section 5A-16.
        (2) After the transition period, if the Department
    reduces payments from the transitional hospital access
    pool, it shall increase base rates, develop new adjustors,
    adjust current adjustors, develop new hospital access
    payments based on updated information, or any combination
    thereof by an amount equal to the decreases proposed in the
    transitional hospital access pool payments, ensuring that
    the entire transitional hospital access pool amount shall
    continue to be used for hospital payments.
    (d-5) Hospital transformation program. The Department, in
conjunction with the Hospital Transformation Review Committee
created under subsection (d-5), shall develop a hospital
transformation program to provide financial assistance to
hospitals in transforming their services and care models to
better align with the needs of the communities they serve. The
payments authorized in this Section shall be subject to
approval by the federal government.
        (1) Phase 1. In State fiscal years 2019 through 2020,
    the Department shall allocate funds from the transitional
    access hospital pool to create a hospital transformation
    pool of at least $262,906,870 annually and make hospital
    transformation payments to hospitals. Subject to Section
    5A-16, in State fiscal years 2019 and 2020, an Illinois
    hospital that received either a transitional hospital
    access payment under subsection (d) or a supplemental
    payment under subsection (f) of this Section in State
    fiscal year 2018, shall receive a hospital transformation
    payment as follows:
            (A) If the hospital's Rate Year 2017 Medicaid
        inpatient utilization rate is equal to or greater than
        45%, the hospital transformation payment shall be
        equal to 100% of the sum of its transitional hospital
        access payment authorized under subsection (d) and any
        supplemental payment authorized under subsection (f).
            (B) If the hospital's Rate Year 2017 Medicaid
        inpatient utilization rate is equal to or greater than
        25% but less than 45%, the hospital transformation
        payment shall be equal to 75% of the sum of its
        transitional hospital access payment authorized under
        subsection (d) and any supplemental payment authorized
        under subsection (f).
            (C) If the hospital's Rate Year 2017 Medicaid
        inpatient utilization rate is less than 25%, the
        hospital transformation payment shall be equal to 50%
        of the sum of its transitional hospital access payment
        authorized under subsection (d) and any supplemental
        payment authorized under subsection (f).
        (2) Phase 2. During State fiscal years 2021 and 2022,
    the Department shall allocate funds from the transitional
    access hospital pool to create a hospital transformation
    pool annually and make hospital transformation payments to
    hospitals participating in the transformation program. Any
    hospital may seek transformation funding in Phase 2. Any
    hospital that seeks transformation funding in Phase 2 to
    update or repurpose the hospital's physical structure to
    transition to a new delivery model, must submit to the
    Department in writing a transformation plan, based on the
    Department's guidelines, that describes the desired
    delivery model with projections of patient volumes by
    service lines and projected revenues, expenses, and net
    income that correspond to the new delivery model. In Phase
    2, subject to the approval of rules, the Department may use
    the hospital transformation pool to increase base rates,
    develop new adjustors, adjust current adjustors, or
    develop new access payments in order to support and
    incentivize hospitals to pursue such transformation. In
    developing such methodologies, the Department shall ensure
    that the entire hospital transformation pool continues to
    be expended to ensure access to hospital services or to
    support organizations that had received hospital
    transformation payments under this Section.
            (A) Any hospital participating in the hospital
        transformation program shall provide an opportunity
        for public input by local community groups, hospital
        workers, and healthcare professionals and assist in
        facilitating discussions about any transformations or
        changes to the hospital.
            (B) As provided in paragraph (9) of Section 3 of
        the Illinois Health Facilities Planning Act, any
        hospital participating in the transformation program
        may be excluded from the requirements of the Illinois
        Health Facilities Planning Act for those projects
        related to the hospital's transformation. To be
        eligible, the hospital must submit to the Health
        Facilities and Services Review Board certification
        from the Department, approved by the Hospital
        Transformation Review Committee, that the project is a
        part of the hospital's transformation.
            (C) As provided in subsection (a-20) of Section
        32.5 of the Emergency Medical Services (EMS) Systems
        Act, a hospital that received hospital transformation
        payments under this Section may convert to a
        freestanding emergency center. To be eligible for such
        a conversion, the hospital must submit to the
        Department of Public Health certification from the
        Department, approved by the Hospital Transformation
        Review Committee, that the project is a part of the
        hospital's transformation.
        (3) Within 6 months after March 12, 2018 (the effective
    date of Public Act 100-581) this amendatory Act of the
    100th General Assembly, the Department, in conjunction
    with the Hospital Transformation Review Committee, shall
    develop and adopt, by rule, the goals, objectives,
    policies, standards, payment models, or criteria to be
    applied in Phase 2 of the program to allocate the hospital
    transformation funds. The goals, objectives, and policies
    to be considered may include, but are not limited to,
    achieving unmet needs of a community that a hospital serves
    such as behavioral health services, outpatient services,
    or drug rehabilitation services; attaining certain quality
    or patient safety benchmarks for health care services; or
    improving the coordination, effectiveness, and efficiency
    of care delivery. Notwithstanding any other provision of
    law, any rule adopted in accordance with this subsection
    (d-5) may be submitted to the Joint Committee on
    Administrative Rules for approval only if the rule has
    first been approved by 9 of the 14 members of the Hospital
    Transformation Review Committee.
        (4) Hospital Transformation Review Committee. There is
    created the Hospital Transformation Review Committee. The
    Committee shall consist of 14 members. No later than 30
    days after March 12, 2018 (the effective date of Public Act
    100-581) this amendatory Act of the 100th General Assembly,
    the 4 legislative leaders shall each appoint 3 members; the
    Governor shall appoint the Director of Healthcare and
    Family Services, or his or her designee, as a member; and
    the Director of Healthcare and Family Services shall
    appoint one member. Any vacancy shall be filled by the
    applicable appointing authority within 15 calendar days.
    The members of the Committee shall select a Chair and a
    Vice-Chair from among its members, provided that the Chair
    and Vice-Chair cannot be appointed by the same appointing
    authority and must be from different political parties. The
    Chair shall have the authority to establish a meeting
    schedule and convene meetings of the Committee, and the
    Vice-Chair shall have the authority to convene meetings in
    the absence of the Chair. The Committee may establish its
    own rules with respect to meeting schedule, notice of
    meetings, and the disclosure of documents; however, the
    Committee shall not have the power to subpoena individuals
    or documents and any rules must be approved by 9 of the 14
    members. The Committee shall perform the functions
    described in this Section and advise and consult with the
    Director in the administration of this Section. In addition
    to reviewing and approving the policies, procedures, and
    rules for the hospital transformation program, the
    Committee shall consider and make recommendations related
    to qualifying criteria and payment methodologies related
    to safety-net hospitals and children's hospitals. Members
    of the Committee appointed by the legislative leaders shall
    be subject to the jurisdiction of the Legislative Ethics
    Commission, not the Executive Ethics Commission, and all
    requests under the Freedom of Information Act shall be
    directed to the applicable Freedom of Information officer
    for the General Assembly. The Department shall provide
    operational support to the Committee as necessary.
    (e) Beginning 36 months after initial implementation, the
Department shall update the reimbursement components in
subsections (a) and (b), including standardized amounts and
weighting factors, and at least triennially and no more
frequently than annually thereafter. The Department shall
publish these updates on its website no later than 30 calendar
days prior to their effective date.
    (f) Continuation of supplemental payments. Any
supplemental payments authorized under Illinois Administrative
Code 148 effective January 1, 2014 and that continue during the
period of July 1, 2014 through December 31, 2014 shall remain
in effect as long as the assessment imposed by Section 5A-2
that is in effect on December 31, 2017 remains in effect.
    (g) Notwithstanding subsections (a) through (f) of this
Section and notwithstanding the changes authorized under
Section 5-5b.1, any updates to the system shall not result in
any diminishment of the overall effective rates of
reimbursement as of the implementation date of the new system
(July 1, 2014). These updates shall not preclude variations in
any individual component of the system or hospital rate
variations. Nothing in this Section shall prohibit the
Department from increasing the rates of reimbursement or
developing payments to ensure access to hospital services.
Nothing in this Section shall be construed to guarantee a
minimum amount of spending in the aggregate or per hospital as
spending may be impacted by factors including but not limited
to the number of individuals in the medical assistance program
and the severity of illness of the individuals.
    (h) The Department shall have the authority to modify by
rulemaking any changes to the rates or methodologies in this
Section as required by the federal government to obtain federal
financial participation for expenditures made under this
Section.
    (i) Except for subsections (g) and (h) of this Section, the
Department shall, pursuant to subsection (c) of Section 5-40 of
the Illinois Administrative Procedure Act, provide for
presentation at the June 2014 hearing of the Joint Committee on
Administrative Rules (JCAR) additional written notice to JCAR
of the following rules in order to commence the second notice
period for the following rules: rules published in the Illinois
Register, rule dated February 21, 2014 at 38 Ill. Reg. 4559
(Medical Payment), 4628 (Specialized Health Care Delivery
Systems), 4640 (Hospital Services), 4932 (Diagnostic Related
Grouping (DRG) Prospective Payment System (PPS)), and 4977
(Hospital Reimbursement Changes), and published in the
Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499
(Specialized Health Care Delivery Systems) and 6505 (Hospital
Services).
    (j) Out-of-state hospitals. Beginning July 1, 2018, for
purposes of determining for State fiscal years 2019 and 2020
the hospitals eligible for the payments authorized under
subsections (a) and (b) of this Section, the Department shall
include out-of-state hospitals that are designated a Level I
pediatric trauma center or a Level I trauma center by the
Department of Public Health as of December 1, 2017.
    (k) The Department shall notify each hospital and managed
care organization, in writing, of the impact of the updates
under this Section at least 30 calendar days prior to their
effective date.
(Source: P.A. 99-2, eff. 3-26-15; 100-581, eff. 3-12-18;
revised 10-3-18.)
 
    Section 570. The Early Mental Health and Addictions
Treatment Act is amended by changing Section 10 as follows:
 
    (305 ILCS 65/10)
    Sec. 10. Medicaid pilot program for opioid and other drug
addictions.
    (a) Legislative findings. The General Assembly finds as
follows:
        (1) Illinois continues to face a serious and ongoing
    opioid epidemic.
        (2) Opioid-related overdose deaths rose 76% between
    2013 and 2016.
        (3) Opioid and other drug addictions are life-long
    diseases that require a disease management approach and not
    just episodic treatment.
        (4) There is an urgent need to create a treatment
    approach that proactively engages and encourages
    individuals with opioid and other drug addictions into
    treatment to help prevent chronic use and a worsening
    addiction and to significantly curb the rate of overdose
    deaths.
    (b) With the goal of early initial engagement of
individuals who have an opioid or other drug addiction in
addiction treatment and for keeping individuals engaged in
treatment following detoxification, a residential treatment
stay, or hospitalization to prevent chronic recurrent drug use,
the Department of Healthcare and Family Services, in
partnership with the Department of Human Services' Division of
Substance Use Prevention and Recovery Alcoholism and Substance
Abuse and with meaningful input from stakeholders, shall
develop an Assertive Engagement and Community-Based Clinical
Treatment Pilot Program for early treatment of an opioid or
other drug addiction. The pilot program shall be implemented
across a broad spectrum of geographic regions across the State.
    (c) Assertive engagement and community-based clinical
treatment services. All services included in the pilot program
established under this Section shall be evidence-based or
evidence-informed as applicable and the services shall be
flexibly provided in-office, in-home, and in-community with an
emphasis on in-home and in-community services. The model shall
take into consideration area workforce, community uniqueness,
and cultural diversity. The model shall, at a minimum, allow
for and include each of the following:
        (1) Assertive community outreach, engagement, and
    continuing care strategies to encourage participation and
    retention in addiction treatment services for both initial
    engagement into addiction treatment services, and for
    post-hospitalization, post-detoxification, and
    post-residential treatment.
        (2) Case management for purposes of linking
    individuals to treatment, ongoing monitoring, problem
    solving, and assisting individuals in organizing their
    treatment and goals. Case management shall be covered for
    individuals not yet engaged in treatment for purposes of
    reaching such individuals early on in their addiction and
    for individuals in treatment.
        (3) Clinical treatment that is delivered in an
    individual's natural environment, including in-home or
    in-community treatment, to better equip the individual
    with coping mechanisms that may trigger re-use.
        (4) Coverage of provider transportation costs in
    delivering in-home and in-community services in both rural
    and urban settings. For rural communities, the model shall
    take into account the wider geographic areas providers are
    required to travel for in-home and in-community pilot
    services for purposes of reimbursement.
        (5) Recovery support services.
        (6) For individuals who receive services through the
    pilot program but disengage for a short duration (a period
    of no longer than 9 months), allow seamless treatment
    re-engagement in the pilot program.
        (7) Supported education and employment.
        (8) Working with the individual's family, school, and
    other community support systems.
        (9) Service flexibility to enable recovery and
    positive health outcomes.
    (d) Federal waiver or State Plan amendment; implementation
timeline. The Department shall follow the timeline for
application for federal approval and implementation outlined
in subsection (c) of Section 5. The pilot program contemplated
in this Section shall be implemented only to the extent that
federal financial participation is available.
    (e) Pay-for-performance payment model. The Department of
Healthcare and Family Services, in partnership with the
Department of Human Services' Division of Substance Use
Prevention and Recovery Alcoholism and Substance Abuse and with
meaningful input from stakeholders, shall develop a
pay-for-performance payment model aimed at achieving
high-quality high quality treatment and overall health and
quality of life outcomes, rather than a fee-for-service payment
model. The payment model shall allow for service flexibility to
achieve such outcomes, shall cover actual provider costs of
delivering the pilot program services to enable
sustainability, and shall include all provider costs
associated with the data collection for purposes of the
analytics and outcomes reporting required in subsection (g).
The Department shall ensure that the payment model works as
intended by this Section within managed care.
    (f) Rulemaking. The Department of Healthcare and Family
Services, in partnership with the Department of Human Services'
Division of Substance Use Prevention and Recovery Alcoholism
and Substance Abuse and with meaningful input from
stakeholders, shall develop rules for purposes of
implementation of the pilot program within 6 months after
federal approval of the pilot program. If the Department
determines federal approval is not required for
implementation, the Department shall develop rules with
meaningful stakeholder input no later than December 31, 2019.
    (g) Pilot program analytics and outcomes reports. The
Department of Healthcare and Family Services shall engage a
third party partner with expertise in program evaluation,
analysis, and research at the end of 5 years of implementation
to review the outcomes of the pilot program in treating
addiction and preventing periods of symptom exacerbation and
recurrence. For purposes of evaluating the outcomes of the
pilot program, the Department shall require providers of the
pilot program services to track all of the following annual
data:
        (1) Length of engagement and retention in pilot program
    services.
        (2) Recurrence of drug use.
        (3) Symptom management (the ability or inability to
    control drug use).
        (4) Days of hospitalizations related to substance use
    or residential treatment stays.
        (5) Periods of homelessness and periods of housing
    stability.
        (6) Periods of criminal justice involvement.
        (7) Educational and employment attainment during
    following pilot program services.
        (8) Enrollee satisfaction with his or her quality of
    life and level of social connectedness, pre-pilot and
    post-pilot services.
    (h) The Department of Healthcare and Family Services shall
deliver a final report to the General Assembly on the outcomes
of the pilot program within one year after 4 years of full
implementation, and after 7 years of full implementation,
compared to typical treatment available to other youth with
significant mental health conditions, as well as the cost
savings associated with the pilot program taking into account
all public systems used when an individual with a significant
mental health condition does not have access to the right
treatment and supports in the early stages of his or her
illness.
    The reports to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of the
Senate in electronic form only, in the manner that the Clerk
and the Secretary shall direct.
    Post-pilot program discharge outcomes shall be collected
for all service recipients who exit the pilot program for up to
3 years after exit. This includes youth who exit the program
with planned or unplanned discharges. The post-exit data
collected shall include the annual data listed in paragraphs
(1) through (8) of subsection (g). Data collection shall be
done in a manner that does not violate individual privacy laws.
Outcomes for enrollees in the pilot and post-exit outcomes
shall be included in the final report to the General Assembly
under this subsection (h) within one year of 4 full years of
implementation, and in an additional report within one year of
7 full years of implementation in order to provide more
information about post-exit outcomes on a greater number of
youth who enroll in pilot program services in the final years
of the pilot program.
(Source: P.A. 100-1016, eff. 8-21-18; revised 10-3-18.)
 
    Section 575. The Older Adult Services Act is amended by
changing Section 35 as follows:
 
    (320 ILCS 42/35)
    Sec. 35. Older Adult Services Advisory Committee.
    (a) The Older Adult Services Advisory Committee is created
to advise the directors of Aging, Healthcare and Family
Services, and Public Health on all matters related to this Act
and the delivery of services to older adults in general.
    (b) The Advisory Committee shall be comprised of the
following:
        (1) The Director of Aging or his or her designee, who
    shall serve as chair and shall be an ex officio and
    nonvoting member.
        (2) The Director of Healthcare and Family Services and
    the Director of Public Health or their designees, who shall
    serve as vice-chairs and shall be ex officio and nonvoting
    members.
        (3) One representative each of the Governor's Office,
    the Department of Healthcare and Family Services, the
    Department of Public Health, the Department of Veterans'
    Affairs, the Department of Human Services, the Department
    of Insurance, the Department on Aging, the Department on
    Aging's State Long Term Care Ombudsman, the Illinois
    Housing Finance Authority, and the Illinois Housing
    Development Authority, each of whom shall be selected by
    his or her respective director and shall be an ex officio
    and nonvoting member.
        (4) Thirty members appointed by the Director of Aging
    in collaboration with the directors of Public Health and
    Healthcare and Family Services, and selected from the
    recommendations of statewide associations and
    organizations, as follows:
            (A) One member representing the Area Agencies on
        Aging;
            (B) Four members representing nursing homes or
        licensed assisted living establishments;
            (C) One member representing home health agencies;
            (D) One member representing case management
        services;
            (E) One member representing statewide senior
        center associations;
            (F) One member representing Community Care Program
        homemaker services;
            (G) One member representing Community Care Program
        adult day services;
            (H) One member representing nutrition project
        directors;
            (I) One member representing hospice programs;
            (J) One member representing individuals with
        Alzheimer's disease and related dementias;
            (K) Two members representing statewide trade or
        labor unions;
            (L) One advanced practice registered nurse with
        experience in gerontological nursing;
            (M) One physician specializing in gerontology;
            (N) One member representing regional long-term
        care ombudsmen;
            (O) One member representing municipal, township,
        or county officials;
            (P) (Blank);
            (Q) (Blank);
            (R) One member representing the parish nurse
        movement;
            (S) One member representing pharmacists;
            (T) Two members representing statewide
        organizations engaging in advocacy or legal
        representation on behalf of the senior population;
            (U) Two family caregivers;
            (V) Two citizen members over the age of 60;
            (W) One citizen with knowledge in the area of
        gerontology research or health care law;
            (X) One representative of health care facilities
        licensed under the Hospital Licensing Act; and
            (Y) One representative of primary care service
        providers.
    The Director of Aging, in collaboration with the Directors
of Public Health and Healthcare and Family Services, may
appoint additional citizen members to the Older Adult Services
Advisory Committee. Each such additional member must be either
an individual age 60 or older or an uncompensated caregiver for
a family member or friend who is age 60 or older.
    (c) Voting members of the Advisory Committee shall serve
for a term of 3 years or until a replacement is named. All
members shall be appointed no later than January 1, 2005. Of
the initial appointees, as determined by lot, 10 members shall
serve a term of one year; 10 shall serve for a term of 2 years;
and 12 shall serve for a term of 3 years. Any member appointed
to fill a vacancy occurring prior to the expiration of the term
for which his or her predecessor was appointed shall be
appointed for the remainder of that term. The Advisory
Committee shall meet at least quarterly and may meet more
frequently at the call of the Chair. A simple majority of those
appointed shall constitute a quorum. The affirmative vote of a
majority of those present and voting shall be necessary for
Advisory Committee action. Members of the Advisory Committee
shall receive no compensation for their services.
    (d) The Advisory Committee shall have an Executive
Committee comprised of the Chair, the Vice Chairs, and up to 15
members of the Advisory Committee appointed by the Chair who
have demonstrated expertise in developing, implementing, or
coordinating the system restructuring initiatives defined in
Section 25. The Executive Committee shall have responsibility
to oversee and structure the operations of the Advisory
Committee and to create and appoint necessary subcommittees and
subcommittee members. The Advisory Committee's Community Care
Program Medicaid Enrollment Oversight Subcommittee shall have
the membership and powers and duties set forth in Section 4.02
of the Illinois Act on the Aging.
    (e) The Advisory Committee shall study and make
recommendations related to the implementation of this Act,
including, but not limited to, system restructuring
initiatives as defined in Section 25 or otherwise related to
this Act.
(Source: P.A. 100-513, eff. 1-1-18; 100-587, eff. 6-4-18;
100-621, eff. 7-20-18; revised 8-1-18.)
 
    Section 580. The Quincy Veterans' Home Rehabilitation and
Rebuilding Act is amended by changing Sections 30 and 50 as
follows:
 
    (330 ILCS 21/30)
    (Section scheduled to be repealed on July 17, 2023)
    Sec. 30. Procedures for selection.
    (a) The State construction agency must use a two-phase
procedure for the selection of the successful design-build
entity. Phase I of the procedure will evaluate and shortlist
the design-build entities based on qualifications, and Phase II
will evaluate the technical and cost proposals.
    (b) The State construction agency shall include in the
request for proposal the evaluating factors to be used in Phase
I. These factors are in addition to any prequalification
requirements of design-build entities that the agency has set
forth. Each request for proposal shall establish the relative
importance assigned to each evaluation factor and subfactor,
including any weighting of criteria to be employed by the State
construction agency. The State construction agency must
maintain a record of the evaluation scoring to be disclosed in
the event of a protest regarding the solicitation.
    The State construction agency shall include the following
criteria in every Phase I evaluation of design-build entities:
(1) experience of personnel; (2) successful experience with
similar project types; (3) financial capability; (4)
timeliness of past performance; (5) experience with similarly
sized projects; (6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration of the
project and qualifications of the entity's consultants; and (8)
ability or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for business enterprises
established in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act and with Section 2-105 of the
Illinois Human Rights Act. The State construction agency may
include any additional relevant criteria in Phase I that it
deems necessary for a proper qualification review.
    The State construction agency may not consider any
design-build entity for evaluation or award if the entity has
any pecuniary interest in the project or has other
relationships or circumstances, including, but not limited to,
long-term leasehold, mutual performance, or development
contracts with the State construction agency, that may give the
design-build entity a financial or tangible advantage over
other design-build entities in the preparation, evaluation, or
performance of the design-build contract or that create the
appearance of impropriety. No proposal shall be considered that
does not include an entity's plan to comply with the
requirements established in the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act, for both
the design and construction areas of performance, and with
Section 2-105 of the Illinois Human Rights Act.
    Upon completion of the qualifications evaluation, the
State construction agency shall create a shortlist of the most
highly qualified design-build entities. The State construction
agency, in its discretion, is not required to shortlist the
maximum number of entities as identified for Phase II
evaluation, so long as no less than 2 design-build entities nor
more than 6 design-build entities are selected to submit Phase
II proposals.
    The State construction agency shall notify the entities
selected for the shortlist in writing. This notification shall
commence the period for the preparation of the Phase II
technical and cost evaluations. The State construction agency
must allow sufficient time for the shortlist entities to
prepare their Phase II submittals considering the scope and
detail requested by the State agency.
    (c) The State construction agency shall include in the
request for proposal the evaluating factors to be used in the
technical and cost submission components of Phase II. Each
request for proposal shall establish, for both the technical
and cost submission components of Phase II, the relative
importance assigned to each evaluation factor and subfactor,
including any weighting of criteria to be employed by the State
construction agency. The State construction agency must
maintain a record of the evaluation scoring to be disclosed in
the event of a protest regarding the solicitation.
    The State construction agency shall include the following
criteria in every Phase II technical evaluation of design-build
entities: (1) compliance with objectives of the project; (2)
compliance of proposed services to the request for proposal
requirements; (3) quality of products or materials proposed;
(4) quality of design parameters; (5) design concepts; (6)
innovation in meeting the scope and performance criteria; and
(7) constructability of the proposed project. The State
construction agency may include any additional relevant
technical evaluation factors it deems necessary for proper
selection.
    The State construction agency shall include the following
criteria in every Phase II cost evaluation: the total project
cost, the construction costs, and the time of completion. The
State construction agency may include any additional relevant
technical evaluation factors it deems necessary for proper
selection. The total project cost criteria weighting weighing
factor shall be 25%.
    The State construction agency shall directly employ or
retain a licensed design professional to evaluate the technical
and cost submissions to determine if the technical submissions
are in accordance with generally accepted industry standards.
    Upon completion of the technical submissions and cost
submissions evaluation, the State construction agency may
award the design-build contract to the highest overall ranked
entity.
(Source: P.A. 100-610, eff. 7-17-18; revised 10-3-18.)
 
    (330 ILCS 21/50)
    (Section scheduled to be repealed on July 17, 2023)
    Sec. 50. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act applies to all
administrative rules and procedures of the State construction
agency under this Act except that nothing herein shall be
construed to render any prequalification or other
responsibility criteria as a "license" or "licensing" under
that Act.
(Source: P.A. 100-610, eff. 7-17-18; revised 10-3-18.)
 
    Section 585. The Service Member Employment and
Reemployment Rights Act is amended by changing Section 5-20 as
follows:
 
    (330 ILCS 61/5-20)
    Sec. 5-20. Notice of rights and duties.
    (a) Each employer shall provide to employees entitled to
rights and benefits under this Act a notice of the rights,
benefits, and obligations of service member employees under
this Act.
    (b) The requirement for the provision of notice under this
Act may be met by the posting of the notice where the employer
employer's customarily places place notices for employees.
(Source: P.A. 100-1101, eff. 1-1-19; revised 10-3-18.)
 
    Section 590. The Developmental Disability and Mental
Disability Services Act is amended by changing the heading of
Article VII-A as follows:
 
    (405 ILCS 80/Art. VII-A heading)
ARTICLE VII-A. DIVERSION FROM FACILITY-BASED CARE PROGRAM
(Source: P.A. 100-924, eff. 7-1-19; revised 10-2-18.)
 
    Section 595. The Comprehensive Lead Education, Reduction,
and Window Replacement Program Act is amended by changing
Section 5 as follows:
 
    (410 ILCS 43/5)
    Sec. 5. Findings; intent; establishment of program.
    (a) The General Assembly finds all of the following:
        (1) Lead-based paint poisoning is a potentially
    devastating, but preventable disease. It is one of the top
    environmental threats to children's health in the United
    States.
        (2) The number of lead-poisoned children in Illinois is
    among the highest in the nation, especially in older, more
    affordable properties.
        (3) Lead poisoning causes irreversible damage to the
    development of a child's nervous system. Even at low and
    moderate levels, lead poisoning causes learning
    disabilities, problems with speech, shortened attention
    span, hyperactivity, and behavioral problems. Recent
    research links low levels of lead exposure to lower IQ
    scores and to juvenile delinquency.
        (4) Older housing is the number one risk factor for
    childhood lead poisoning. Properties built before 1950 are
    statistically much more likely to contain lead-based paint
    hazards than buildings constructed more recently.
        (5) While the use of lead-based paint in residential
    properties was banned in 1978, the State of Illinois ranks
    seventh nationally in the number of housing units built
    before 1978 and has the highest risk for lead hazards.
        (6) There are nearly 1.4 million households with
    lead-based paint hazards in Illinois.
        (7) Most children are lead poisoned in their own homes
    through exposure to lead dust from deteriorated lead paint
    surfaces, like windows, and when lead paint deteriorates or
    is disturbed through home renovation and repainting.
        (8) Children at the highest risk for lead poisoning
    live in low-income communities and in older housing
    throughout the State of Illinois.
        (9) The control of lead hazards significantly reduces
    lead-poisoning rates.
        (10) Windows are considered a higher lead exposure risk
    more often than other components in a housing unit. Windows
    are a major contributor of lead dust in the home, due to
    both weathering conditions and friction effects on paint.
        (11) The Comprehensive Lead Education Elimination,
    Reduction, and Window Replacement (CLEAR-WIN) Program was
    established under Public Act 95-492 as a pilot program to
    reduce potential lead hazards by replacing windows in
    low-income, pre-1978 homes. It also provided for
    on-the-job training for community members in 2 pilot
    communities in Chicago and Peoria County.
        (12) The CLEAR-WIN Program provided for installation
    of 8,000 windows in 466 housing units between 2010 and
    2014. Evaluations of the pilot program determined window
    replacement was effective in lowering lead hazards and
    produced energy, environmental, health, and market
    benefits. Return on investment was almost $2 for every
    dollar spent.
        (13) There is an insufficient pool of licensed lead
    abatement workers and contractors to address the problem in
    some areas of the State.
        (14) Through grants from the U.S. Department of Housing
    and Urban Development and State dollars, some communities
    in Illinois have begun to reduce lead poisoning of
    children. While this is an ongoing effort, it only
    addresses a small number of the low-income children
    statewide in communities with high levels of lead paint in
    the housing stock.
    (b) It is the intent of the General Assembly to:
        (1) address the problem of lead poisoning of children
    by eliminating lead hazards in homes;
        (2) provide training within communities to encourage
    the use of lead paint safe work practices;
        (3) create job opportunities for community members in
    the lead abatement industry;
        (4) support the efforts of small business and property
    owners committed to maintaining lead-safe housing; and
        (5) assist in the maintenance of affordable lead-safe
    housing stock.
    (c) The General Assembly hereby establishes the
Comprehensive Lead Education, Reduction, and Window
Replacement Program to assist residential property owners
through a Lead Direct Assistance Program to reduce lead hazards
in residential properties.
    (d) The Department of Public Health is authorized to:
        (1) adopt rules necessary to implement this Act;
        (2) adopt by reference the Illinois Administrative
    Procedure Act for administration of this Act;
        (3) assess administrative fines and penalties, as
    established by the Department by rule, for persons
    violating rules adopted by the Department under this Act;
        (4) make referrals for prosecution to the Attorney
    General or the State's Attorney for the county in which a
    violation occurs, for a violation of this Act or the rules
    adopted under this Act; and
        (5) establish agreements under the Intergovernmental
    Cooperation Act with the Department of Commerce and
    Economic Opportunity, the Illinois Housing Development
    Authority, or any other public agency as required, to
    implement this Act.
(Source: P.A. 100-461, eff. 8-25-17; revised 10-22-18.)
 
    Section 600. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 2.1, 5, and
6.5 as follows:
 
    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
    Sec. 1a. Definitions. In this Act:
    "Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
    "Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
    "Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
    "Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals and approved pediatric
health care facilities in a community or area to be served,
which provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
    "Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
    "Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
    "Department" means the Department of Public Health.
    "Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
    "Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and pharmacy
services, rendered within 90 days of the initial visit for
medical forensic services.
    "Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
    "Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06.
    "Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
    "Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
    "Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
    "Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital or
an approved pediatric health care facility. "Medical forensic
services" includes, but is not limited to, taking a medical
history, performing photo documentation, performing a physical
and anogenital examination, assessing the patient for evidence
collection, collecting evidence in accordance with a statewide
sexual assault evidence collection program administered by the
Department of State Police using the Illinois State Police
Sexual Assault Evidence Collection Kit, if appropriate,
assessing the patient for drug-facilitated or
alcohol-facilitated sexual assault, providing an evaluation of
and care for sexually transmitted infection and human
immunodeficiency virus (HIV), pregnancy risk evaluation and
care, and discharge and follow-up healthcare planning.
    "Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric
patients.
    "Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual assault.
    "Photo documentation" means digital photographs or
colposcope videos stored and backed up backed-up securely in
the original file format.
    "Physician" means a person licensed to practice medicine in
all its branches.
    "Physician assistant" has the meaning provided in Section 4
of the Physician Assistant Practice Act of 1987.
    "Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
    "Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
    "Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
    "Sexual assault" means:
        (1) an act of sexual conduct; as used in this
    paragraph, "sexual conduct" has the meaning provided under
    Section 11-0.1 of the Criminal Code of 2012; or
        (2) any act of sexual penetration; as used in this
    paragraph, "sexual penetration" has the meaning provided
    under Section 11-0.1 of the Criminal Code of 2012 and
    includes, without limitation, acts prohibited under
    Sections 11-1.20 through 11-1.60 of the Criminal Code of
    2012.
    "Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or is
substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
    "Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program that
meets the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses.
    "Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
    "Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
    "Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
    "Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care
facility.
    "Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
    "Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
    "Treatment hospital" means a hospital with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to all sexual assault survivors who present
with a complaint of sexual assault within a minimum of the last
7 days or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
    "Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17;
100-513, eff. 1-1-18; 100-775, eff. 1-1-19; revised 10-24-18.)
 
    (410 ILCS 70/2.1)  (from Ch. 111 1/2, par. 87-2.1)
    Sec. 2.1. Plan of correction; penalties.
    (a) If the Department surveyor determines that the hospital
or approved pediatric health care facility is not in compliance
with its approved plan, the surveyor shall provide the hospital
or approved pediatric health care facility with a written list
of the specific items of noncompliance within 10 working days
after the conclusion of the on-site on site review. The
hospital shall have 10 working days to submit to the Department
a plan of correction which contains the hospital's or approved
pediatric health care facility's specific proposals for
correcting the items of noncompliance. The Department shall
review the plan of correction and notify the hospital in
writing within 10 working days as to whether the plan is
acceptable or unacceptable.
    If the Department finds the Plan of Correction
unacceptable, the hospital or approved pediatric health care
facility shall have 10 working days to resubmit an acceptable
Plan of Correction. Upon notification that its Plan of
Correction is acceptable, a hospital or approved pediatric
health care facility shall implement the Plan of Correction
within 60 days.
    (b) The failure of a hospital to submit an acceptable Plan
of Correction or to implement the Plan of Correction, within
the time frames required in this Section, will subject a
hospital to the imposition of a fine by the Department. The
Department may impose a fine of up to $500 per day until a
hospital complies with the requirements of this Section.
    If an approved pediatric health care facility fails to
submit an acceptable Plan of Correction or to implement the
Plan of Correction within the time frames required in this
Section, then the Department shall notify the approved
pediatric health care facility that the approved pediatric
health care facility may not provide medical forensic services
under this Act. The Department may impose a fine of up to $500
per patient provided services in violation of this Act.
    (c) Before imposing a fine pursuant to this Section, the
Department shall provide the hospital or approved pediatric
health care facility via certified mail with written notice and
an opportunity for an administrative hearing. Such hearing must
be requested within 10 working days after receipt of the
Department's Notice. All hearings shall be conducted in
accordance with the Department's rules in administrative
hearings.
(Source: P.A. 100-775, eff. 1-1-19; revised 10-22-18.)
 
    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
    Sec. 5. Minimum requirements for medical forensic services
provided to sexual assault survivors by hospitals and approved
pediatric health care facilities.
    (a) Every hospital and approved pediatric health care
facility providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
    Beginning January 1, 2022, a qualified medical provider
must provide the services set forth in subsection (a-5).
    (a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility shall provide the following services in
accordance with subsection (a):
        (1) Appropriate medical forensic services without
    delay, in a private, age-appropriate or
    developmentally-appropriate space, required to ensure the
    health, safety, and welfare of a sexual assault survivor
    and which may be used as evidence in a criminal proceeding
    against a person accused of the sexual assault, in a
    proceeding under the Juvenile Court Act of 1987, or in an
    investigation under the Abused and Neglected Child
    Reporting Act.
        Records of medical forensic services, including
    results of examinations and tests, the Illinois State
    Police Medical Forensic Documentation Forms, the Illinois
    State Police Patient Discharge Materials, and the Illinois
    State Police Patient Consent: Collect and Test Evidence or
    Collect and Hold Evidence Form, shall be maintained by the
    hospital or approved pediatric health care facility as part
    of the patient's electronic medical record.
        Records of medical forensic services of sexual assault
    survivors under the age of 18 shall be retained by the
    hospital for a period of 60 years after the sexual assault
    survivor reaches the age of 18. Records of medical forensic
    services of sexual assault survivors 18 years of age or
    older shall be retained by the hospital for a period of 20
    years after the date the record was created.
        Records of medical forensic services may only be
    disseminated in accordance with Section 6.5 of this Act and
    other State and federal law.
        (1.5) An offer to complete the Illinois Sexual Assault
    Evidence Collection Kit for any sexual assault survivor who
    presents within a minimum of the last 7 days of the assault
    or who has disclosed past sexual assault by a specific
    individual and was in the care of that individual within a
    minimum of the last 7 days.
            (A) Appropriate oral and written information
        concerning evidence-based guidelines for the
        appropriateness of evidence collection depending on
        the sexual development of the sexual assault survivor,
        the type of sexual assault, and the timing of the
        sexual assault shall be provided to the sexual assault
        survivor. Evidence collection is encouraged for
        prepubescent sexual assault survivors who present to a
        hospital or approved pediatric health care facility
        with a complaint of sexual assault within a minimum of
        96 hours after the sexual assault.
            Before January 1, 2022, the information required
        under this subparagraph shall be provided in person by
        the health care professional providing medical
        forensic services directly to the sexual assault
        survivor.
            On and after January 1, 2022, the information
        required under this subparagraph shall be provided in
        person by the qualified medical provider providing
        medical forensic services directly to the sexual
        assault survivor.
            The written information provided shall be the
        information created in accordance with Section 10 of
        this Act.
            (B) Following the discussion regarding the
        evidence-based guidelines for evidence collection in
        accordance with subparagraph (A), evidence collection
        must be completed at the sexual assault survivor's
        request. A sexual assault nurse examiner conducting an
        examination using the Illinois State Police Sexual
        Assault Evidence Collection Kit may do so without the
        presence or participation of a physician.
        (2) Appropriate oral and written information
    concerning the possibility of infection, sexually
    transmitted infection, including an evaluation of the
    sexual assault survivor's risk of contracting human
    immunodeficiency virus (HIV) from sexual assault, and
    pregnancy resulting from sexual assault.
        (3) Appropriate oral and written information
    concerning accepted medical procedures, laboratory tests,
    medication, and possible contraindications of such
    medication available for the prevention or treatment of
    infection or disease resulting from sexual assault.
        (3.5) After after a medical evidentiary or physical
    examination, access to a shower at no cost, unless
    showering facilities are unavailable. ;
        (4) An amount of medication, including HIV
    prophylaxis, for treatment at the hospital or approved
    pediatric health care facility and after discharge as is
    deemed appropriate by the attending physician, an advanced
    practice registered nurse, or a physician assistant in
    accordance with the Centers for Disease Control and
    Prevention guidelines and consistent with the hospital's
    or approved pediatric health care facility's current
    approved protocol for sexual assault survivors.
        (5) Photo documentation of the sexual assault
    survivor's injuries, anatomy involved in the assault, or
    other visible evidence on the sexual assault survivor's
    body to supplement the medical forensic history and written
    documentation of physical findings and evidence beginning
    July 1, 2019. Photo documentation does not replace written
    documentation of the injury.
        (6) Written and oral instructions indicating the need
    for follow-up examinations and laboratory tests after the
    sexual assault to determine the presence or absence of
    sexually transmitted infection.
        (7) Referral by hospital or approved pediatric health
    care facility personnel for appropriate counseling.
        (8) Medical advocacy services provided by a rape crisis
    counselor whose communications are protected under Section
    8-802.1 of the Code of Civil Procedure, if there is a
    memorandum of understanding between the hospital or
    approved pediatric health care facility and a rape crisis
    center. With the consent of the sexual assault survivor, a
    rape crisis counselor shall remain in the exam room during
    the medical forensic examination.
        (9) Written information regarding services provided by
    a Children's Advocacy Center and rape crisis center, if
    applicable.
    (a-7) By January 1, 2022, every hospital with a treatment
plan approved by the Department shall employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the treatment hospital or treatment
hospital with approved pediatric transfer. The provision of
medical forensic services by a qualified medical provider shall
not delay the provision of life-saving medical care.
    (b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Medical Procedures Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
    (b-5) Every hospital or approved pediatric health care
facility providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section 5.2
of this Act. The hospital shall make a copy of the voucher and
place it in the medical record of the sexual assault survivor.
The hospital shall provide a copy of the voucher to the sexual
assault survivor after discharge upon request.
    (c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital or
approved pediatric health care facility.
(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
99-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-775, eff.
1-1-19; 100-1087, eff. 1-1-19; revised 10-24-18.)
 
    (410 ILCS 70/6.5)
    Sec. 6.5. Written consent to the release of sexual assault
evidence for testing.
    (a) Upon the completion of medical forensic services, the
health care professional providing the medical forensic
services shall provide the patient the opportunity to sign a
written consent to allow law enforcement to submit the sexual
assault evidence for testing, if collected. The written consent
shall be on a form included in the sexual assault evidence
collection kit and posted on the Illinois State Police website.
The consent form shall include whether the survivor consents to
the release of information about the sexual assault to law
enforcement.
        (1) A survivor 13 years of age or older may sign the
    written consent to release the evidence for testing.
        (2) If the survivor is a minor who is under 13 years of
    age, the written consent to release the sexual assault
    evidence for testing may be signed by the parent, guardian,
    investigating law enforcement officer, or Department of
    Children and Family Services.
        (3) If the survivor is an adult who has a guardian of
    the person, a health care surrogate, or an agent acting
    under a health care power of attorney, the consent of the
    guardian, surrogate, or agent is not required to release
    evidence and information concerning the sexual assault or
    sexual abuse. If the adult is unable to provide consent for
    the release of evidence and information and a guardian,
    surrogate, or agent under a health care power of attorney
    is unavailable or unwilling to release the information,
    then an investigating law enforcement officer may
    authorize the release.
        (4) Any health care professional or health care
    institution, including any hospital or approved pediatric
    health care facility, who provides evidence or information
    to a law enforcement officer under a written consent as
    specified in this Section is immune from any civil or
    professional liability that might arise from those
    actions, with the exception of willful or wanton
    misconduct. The immunity provision applies only if all of
    the requirements of this Section are met.
    (b) The hospital or approved pediatric health care facility
shall keep a copy of a signed or unsigned written consent form
in the patient's medical record.
    (c) If a written consent to allow law enforcement to hold
the sexual assault evidence is signed at the completion of
medical forensic services, the hospital or approved pediatric
health care facility shall include the following information in
its discharge instructions:
        (1) the sexual assault evidence will be stored for 10
    years from the completion of an Illinois State Police
    Sexual Assault Evidence Collection Kit, or 10 years from
    the age of 18 years, whichever is longer;
        (2) a person authorized to consent to the testing of
    the sexual assault evidence may sign a written consent to
    allow law enforcement to test the sexual assault evidence
    at any time during that 10-year period for an adult victim,
    or until a minor victim turns 28 years of age by (A)
    contacting the law enforcement agency having jurisdiction,
    or if unknown, the law enforcement agency contacted by the
    hospital or approved pediatric health care facility under
    Section 3.2 of the Criminal Identification Act; or (B) by
    working with an advocate at a rape crisis center;
        (3) the name, address, and phone number of the law
    enforcement agency having jurisdiction, or if unknown the
    name, address, and phone number of the law enforcement
    agency contacted by the hospital or approved pediatric
    health care facility under Section 3.2 of the Criminal
    Identification Act; and
        (4) the name and phone number of a local rape crisis
    center.
(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18;
100-775, eff. 1-1-19; 100-1087, eff. 1-1-19; revised
10-24-18.)
 
    Section 605. The Vital Records Act is amended by changing
Section 25.4 as follows:
 
    (410 ILCS 535/25.4)
    Sec. 25.4. Youth in care birth record request.
    (a) For the purposes of this Section, an individual's
status as a youth in care may be verified:
        (1) with a copy of the court order placing the youth in
    the guardianship or custody of the Department of Children
    and Family Services or terminating the Department of
    Children and Family Services' guardianship or custody of
    the youth; or
        (2) by a human services agency, legal services agency,
    or other similar agency that has knowledge of the
    individual's youth in care status, including, but not
    limited to:
            (A) a child welfare agency, including the
        Department of Children and Family Services; or
            (B) the attorney or guardian ad litem who served as
        the youth in care's attorney or guardian ad litem
        during proceedings under the Juvenile Court Act of
        1987.
    A person described in subsection (b) of this Section must
not be charged for verification under this Section.
    A person who knowingly or purposefully falsifies this
verification is subject to a penalty of $100.
    (b) The applicable fees under Section 25 of this Act for a
search for a birth record or a certified copy of a birth record
shall be waived for all requests made by:
        (1) a youth in care, as defined in Section 4d of the
    Children and Family Services Act, whose status is verified
    under subsection (a) of this Section; or
        (2) a person under the age of 27 who was a youth in
    care, as defined in Section 4d of the Children and Family
    Services Act, on or after his or her 18th birthday and
    whose status is verified under subsection (a) of this
    Section.
    The State Registrar of Vital Records shall establish
standards and procedures consistent with this Section for
waiver of the applicable fees.
    (c) A person shall be provided no more than 4 birth records
annually under this Section.
(Source: P.A. 100-619, eff. 1-1-19; revised 10-24-18.)
 
    Section 610. The Food Handling Regulation Enforcement Act
is amended by changing Sections 3.3 and 4 as follows:
 
    (410 ILCS 625/3.3)
    Sec. 3.3. Farmers' markets.
    (a) The General Assembly finds as follows:
        (1) Farmers' markets, as defined in subsection (b) of
    this Section, provide not only a valuable marketplace for
    farmers and food artisans to sell their products directly
    to consumers, but also a place for consumers to access
    fresh fruits, vegetables, and other agricultural products.
        (2) Farmers' markets serve as a stimulator for local
    economies and for thousands of new businesses every year,
    allowing farmers to sell directly to consumers and capture
    the full retail value of their products. They have become
    important community institutions and have figured in the
    revitalization of downtown districts and rural
    communities.
        (3) Since 1999, the number of farmers' markets has
    tripled and new ones are being established every year.
    There is a lack of consistent regulation from one county to
    the next, resulting in confusion and discrepancies between
    counties regarding how products may be sold. There continue
    continues to be inconsistencies, confusion, and lack of
    awareness by consumers, farmers, markets, and local health
    authorities of required guidelines affecting farmers'
    markets from county to county.
        (4) (Blank).
        (5) (Blank).
        (6) Recognizing that farmers' markets serve as small
    business incubators and that farmers' profit margins
    frequently are narrow, even in direct-to-consumer retail,
    protecting farmers from costs of regulation that are
    disproportionate to their profits will help ensure the
    continued viability of these local farms and small
    businesses.
    (b) For the purposes of this Section:
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Farmers' market" means a common facility or area where the
primary purpose is for farmers to gather to sell a variety of
fresh fruits and vegetables and other locally produced farm and
food products directly to consumers.
    (c) (Blank).
    (d) This Section does not intend and shall not be construed
to limit the power of counties, municipalities, and other local
government units to regulate farmers' markets for the
protection of the public health, safety, morals, and welfare,
including, but not limited to, licensing requirements and time,
place, and manner restrictions, except as specified in this
Act. This Section provides for a statewide scheme for the
orderly and consistent interpretation of the Department's
administrative rules pertaining to the safety of food and food
products sold at farmers' markets.
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
    (j) (Blank).
    (k) (Blank).
    (l) (Blank).
    (m) The following provisions shall apply concerning
statewide farmers' market food safety guidelines:
        (1) The Director, in accordance with this Section,
    shall adopt administrative rules (as provided by the
    Illinois Administrative Procedure Act) for foods found at
    farmers' markets.
        (2) The rules and regulations described in this Section
    shall be consistently enforced by local health authorities
    throughout the State.
        (2.5) Notwithstanding any other provision of law
    except as provided in this Section, local public health
    departments and all other units of local government are
    prohibited from creating sanitation guidelines, rules, or
    regulations for farmers' markets that are more stringent
    than those farmers' market sanitation regulations
    contained in the administrative rules adopted by the
    Department for the purposes of implementing this Section
    and Sections 3.4, 3.5, and 4 of this Act. Except as
    provided for in Sections 3.4 and 4 of this Act, this
    Section does not intend and shall not be construed to limit
    the power of local health departments and other government
    units from requiring licensing and permits for the sale of
    commercial food products, processed food products,
    prepared foods, and potentially hazardous foods at
    farmers' markets or conducting related inspections and
    enforcement activities, so long as those permits and
    licenses do not include unreasonable fees or sanitation
    provisions and rules that are more stringent than those
    laid out in the administrative rules adopted by the
    Department for the purposes of implementing this Section
    and Sections 3.4, 3.5, and 4 of this Act.
        (3) In the case of alleged noncompliance
    non-compliance with the provisions described in this
    Section, local health departments shall issue written
    notices to vendors and market managers of any noncompliance
    issues.
        (4) Produce and food products coming within the scope
    of the provisions of this Section shall include, but not be
    limited to, raw agricultural products, including fresh
    fruits and vegetables; popcorn, grains, seeds, beans, and
    nuts that are whole, unprocessed, unpackaged, and
    unsprouted; fresh herb sprigs springs and dried herbs in
    bunches; baked goods sold at farmers' markets; cut fruits
    and vegetables; milk and cheese products; ice cream;
    syrups; wild and cultivated mushrooms; apple cider and
    other fruit and vegetable juices; herb vinegar;
    garlic-in-oil; flavored oils; pickles, relishes, salsas,
    and other canned or jarred items; shell eggs; meat and
    poultry; fish; ready-to-eat foods; commercially produced
    prepackaged food products; and any additional items
    specified in the administrative rules adopted by the
    Department to implement Section 3.3 of this Act.
    (n) Local health department regulatory guidelines may be
applied to foods not often found at farmers' markets, all other
food products not regulated by the Department of Agriculture
and the Department of Public Health, as well as live animals to
be sold at farmers' markets.
    (o) (Blank).
    (p) The Department of Public Health and the Department of
Agriculture shall adopt administrative rules necessary to
implement, interpret, and make specific the provisions of this
Section, including, but not limited to, rules concerning
labels, sanitation, and food product safety according to the
realms of their jurisdiction.
    (q) The Department shall create a food sampling training
and license program as specified in Section 3.4 of this Act.
    (r) In addition to any rules adopted pursuant to subsection
(p) of this Section, the following provisions shall be applied
uniformly throughout the State, including to home rule units,
except as otherwise provided in this Act:
        (1) Farmers market vendors shall provide effective
    means to maintain potentially hazardous food, as defined in
    Section 4 of this Act, at 41 degrees Fahrenheit or below.
    As an alternative to mechanical refrigeration, an
    effectively insulated, hard-sided, cleanable container
    with sufficient ice or other cooling means that is intended
    for the storage of potentially hazardous food shall be
    used. Local health departments shall not limit vendors'
    choice of refrigeration or cooling equipment and shall not
    charge a fee for use of such equipment. Local health
    departments shall not be precluded from requiring an
    effective alternative form of cooling if a vendor is unable
    to maintain food at the appropriate temperature.
        (2) Handwashing stations may be shared by farmers'
    market vendors if handwashing stations are accessible to
    vendors.
(Source: P.A. 99-9, eff. 7-10-15; 99-191, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-488, eff. 6-1-18; 100-805, eff. 1-1-19;
revised 10-24-18.)
 
    (410 ILCS 625/4)
    Sec. 4. Cottage food operation.
    (a) For the purpose of this Section:
    A food is "acidified" if: (i) acid or acid ingredients are
added to it to produce a final equilibrium pH of 4.6 or below;
or (ii) it is fermented to produce a final equilibrium pH of
4.6 or below.
    "Canned food" means food preserved in air-tight,
vacuum-sealed containers that are heat processed sufficiently
to enable storing the food at normal home temperatures.
    "Cottage food operation" means an operation conducted by a
person who produces or packages food or drink, other than foods
and drinks listed as prohibited in paragraph (1.5) of
subsection (b) of this Section, in a kitchen located in that
person's primary domestic residence or another appropriately
designed and equipped residential or commercial-style kitchen
on that property for direct sale by the owner, a family member,
or employee.
    "Cut leafy greens" means fresh leafy greens whose leaves
have been cut, shredded, sliced, chopped, or torn. "Cut leafy
greens" does not mean cut-to-harvest leafy greens.
    "Department" means the Department of Public Health.
    "Equilibrium pH" means the final potential of hydrogen
measured in an acidified food after all the components of the
food have achieved the same acidity.
    "Farmers' market" means a common facility or area where
farmers gather to sell a variety of fresh fruits and vegetables
and other locally produced farm and food products directly to
consumers.
    "Leafy greens" includes iceberg lettuce; romaine lettuce;
leaf lettuce; butter lettuce; baby leaf lettuce, such as
immature lettuce or leafy greens; escarole; endive; spring mix;
spinach; cabbage; kale; arugula; and chard. "Leafy greens" does
not include microgreens or herbs such as cilantro or parsley.
    "Main ingredient" means an agricultural product that is the
defining or distinctive ingredient in a cottage food product,
though not necessarily by predominance of weight.
    "Microgreen" means an edible plant seedling grown in soil
or substrate and harvested above the soil or substrate line.
    "Potentially hazardous food" means a food that is
potentially hazardous according to the Department's
administrative rules. Potentially hazardous food (PHF) in
general means a food that requires time and temperature control
for safety (TCS) to limit pathogenic microorganism growth or
toxin formation.
    "Sprout" means any seedling intended for human consumption
that was produced in a manner that does not meet the definition
of microgreen.
    (b) Notwithstanding any other provision of law and except
as provided in subsections (c), (d), and (e) of this Section,
neither the Department nor the Department of Agriculture nor
the health department of a unit of local government may
regulate the transaction of food or drink by a cottage food
operation providing that all of the following conditions are
met:
        (1) (Blank).
        (1.5) A cottage food operation may produce homemade
    food and drink. However, a cottage food operation, unless
    properly licensed, certified, and compliant with all
    requirements to sell a listed food item under the laws and
    regulations pertinent to that food item, shall not sell or
    offer to sell the following food items or processed foods
    containing the following food items, except as indicated:
            (A) meat, poultry, fish, seafood, or shellfish;
            (B) dairy, except as an ingredient in a
        non-potentially hazardous baked good or candy, such as
        caramel, subject to paragraph (1.8);
            (C) eggs, except as an ingredient in a
        non-potentially hazardous baked good or in dry
        noodles;
            (D) pumpkin pies, sweet potato pies, cheesecakes,
        custard pies, creme pies, and pastries with
        potentially hazardous fillings or toppings;
            (E) garlic in oil or oil infused with garlic,
        except if the garlic oil is acidified;
            (F) canned foods, except for the following, which
        may be canned only in Mason-style jars with new lids:
                (i) fruit jams, fruit jellies, fruit
            preserves, or fruit butters;
                (ii) syrups;
                (iii) whole or cut fruit canned in syrup;
                (iv) acidified fruit or vegetables prepared
            and offered for sale in compliance with paragraph
            (1.6); and
                (v) condiments such as prepared mustard,
            horseradish, or ketchup that do not contain
            ingredients prohibited under this Section and that
            are prepared and offered for sale in compliance
            with paragraph (1.6);
            (G) sprouts;
            (H) cut leafy greens, except for cut leafy greens
        that are dehydrated, acidified, or blanched and
        frozen;
            (I) cut or pureed fresh tomato or melon;
            (J) dehydrated tomato or melon;
            (K) frozen cut melon;
            (L) wild-harvested, non-cultivated mushrooms;
            (M) alcoholic beverages; or
            (N) kombucha.
        (1.6) In order to sell canned tomatoes or a canned
    product containing tomatoes, a cottage food operator shall
    either:
            (A) follow exactly a recipe that has been tested by
        the United States Department of Agriculture or by a
        state cooperative extension located in this State or
        any other state in the United States; or
            (B) submit the recipe, at the cottage food
        operator's expense, to a commercial laboratory to test
        that the product has been adequately acidified; use
        only the varietal or proportionate varietals of tomato
        included in the tested recipe for all subsequent
        batches of such recipe; and provide documentation of
        the test results of the recipe submitted under this
        subparagraph to an inspector upon request during any
        inspection authorized by paragraph (2) of subsection
        (d).
        (1.7) A State-certified local public health department
    that regulates the service of food by a cottage food
    operation in accordance with subsection (d) of this Section
    may require a cottage food operation to submit a canned
    food that is subject to paragraph (1.6), at the cottage
    food operator's expense, to a commercial laboratory to
    verify that the product has a final equilibrium pH of 4.6
    or below.
        (1.8) A State-certified local public health department
    that regulates the service of food by a cottage food
    operation in accordance with subsection (d) of this Section
    may require a cottage food operation to submit a recipe for
    any baked good containing cheese, at the cottage food
    operator's expense, to a commercial laboratory to verify
    that it is non-potentially hazardous before allowing the
    cottage food operation to sell the baked good as a cottage
    food.
        (2) The food is to be sold at a farmers' market, with
    the exception that cottage foods that have a locally grown
    agricultural product as the main ingredient may be sold on
    the farm where the agricultural product is grown or
    delivered directly to the consumer.
        (3) (Blank).
        (4) The food packaging conforms to the labeling
    requirements of the Illinois Food, Drug and Cosmetic Act
    and includes the following information on the label of each
    of its products:
            (A) the name and address of the cottage food
        operation;
            (B) the common or usual name of the food product;
            (C) all ingredients of the food product, including
        any colors, artificial flavors, and preservatives,
        listed in descending order by predominance of weight
        shown with common or usual names;
            (D) the following phrase: "This product was
        produced in a home kitchen not subject to public health
        inspection that may also process common food
        allergens.";
            (E) the date the product was processed; and
            (F) allergen labeling as specified in federal
        labeling requirements.
        (5) The name and residence of the person preparing and
    selling products as a cottage food operation are is
    registered with the health department of a unit of local
    government where the cottage food operation resides. No
    fees shall be charged for registration. Registration shall
    be for a minimum period of one year.
        (6) The person preparing or packaging products as a
    cottage food operation has a Department approved Food
    Service Sanitation Management Certificate.
        (7) At the point of sale, a placard is displayed in a
    prominent location that states the following: "This
    product was produced in a home kitchen not subject to
    public health inspection that may also process common food
    allergens.".
    (c) Notwithstanding the provisions of subsection (b) of
this Section, if the Department or the health department of a
unit of local government has received a consumer complaint or
has reason to believe that an imminent health hazard exists or
that a cottage food operation's product has been found to be
misbranded, adulterated, or not in compliance with the
exception for cottage food operations pursuant to this Section,
then it may invoke cessation of sales of cottage food products
until it deems that the situation has been addressed to the
satisfaction of the Department.
    (d) Notwithstanding the provisions of subsection (b) of
this Section, a State-certified local public health department
may, upon providing a written statement to the Department,
regulate the service of food by a cottage food operation. The
regulation by a State-certified local public health department
may include all of the following requirements:
        (1) That the cottage food operation (A) register with
    the State-certified local public health department, which
    shall be for a minimum of one year and include a reasonable
    fee set by the State-certified local public health
    department that is no greater than $25 notwithstanding
    paragraph (5) of subsection (b) of this Section and (B)
    agree in writing at the time of registration to grant
    access to the State-certified local public health
    department to conduct an inspection of the cottage food
    operation's primary domestic residence in the event of a
    consumer complaint or foodborne illness outbreak.
        (2) That in the event of a consumer complaint or
    foodborne illness outbreak the State-certified local
    public health department is allowed to (A) inspect the
    premises of the cottage food operation in question and (B)
    set a reasonable fee for that inspection.
    (e) The Department may adopt rules as may be necessary to
implement the provisions of this Section.
(Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18;
100-1069, eff. 8-24-18; revised 10-22-18.)
 
    Section 615. The Illinois Solid Waste Management Act is
amended by changing Section 7 as follows:
 
    (415 ILCS 20/7)  (from Ch. 111 1/2, par. 7057)
    Sec. 7. It is the intent of this Act to provide the
framework for a comprehensive solid waste management program in
Illinois.
    The Department shall prepare and submit to the Governor and
the General Assembly on or before January 1, 1992, a report
evaluating the effectiveness of the programs provided under
this Act and Section 22.14 of the Environmental Protection Act;
assessing the need for a continuation of existing programs,
development and implementation of new programs and appropriate
funding mechanisms; and recommending legislative and
administrative action to fully implement a comprehensive solid
waste management program in Illinois.
    The Department shall investigate the suitability and
advisability of providing tax incentives for Illinois
businesses to use recycled products and purchase or lease
recycling equipment, and shall report to the Governor and the
General Assembly by January 1, 1987, on the results of this
investigation.
    By July 1, 1989, the Department shall submit to the
Governor and members of the General Assembly a waste reduction
report:
        (a) that describes various mechanisms that could be
    utilized to stimulate and enhance the reduction of
    industrial and post-consumer waste in the State, including
    their advantages and disadvantages. The mechanisms to be
    analyzed shall include, but not be limited to, incentives
    for prolonging product life, methods for ensuring product
    recyclability, taxes for excessive packaging, tax
    incentives, prohibitions on the use of certain products,
    and performance standards for products; and
        (b) that includes specific recommendations to
    stimulate and enhance waste reduction in the industrial and
    consumer sector, including, but not limited to,
    legislation, financial incentives and disincentives, and
    public education.
    The Department of Commerce and Economic Opportunity, with
the cooperation of the State Board of Education, the Illinois
Environmental Protection Agency, and others as needed, shall
develop, coordinate and conduct an education program for solid
waste management and recycling. The program shall include, but
not be limited to, education for the general public,
businesses, government, educators and students.
    The education program shall address, at a minimum, the
following topics: the solid waste management alternatives of
recycling, composting, and source reduction; resource
allocation and depletion; solid waste planning; reuse of
materials; pollution prevention; and household hazardous
waste.
    The Department of Commerce and Economic Opportunity shall
cooperate with municipal and county governments, regional
school superintendents, educational education service centers,
local school districts, and planning agencies and committees to
coordinate local and regional education programs and workshops
and to expedite the exchange of technical information.
    By March 1, 1989, the Department shall prepare a report on
strategies for distributing and marketing landscape waste
compost from centralized composting sites operated by units of
local government. The report shall, at a minimum, evaluate the
effects of product quality, assured supply, cost and public
education on the availability of compost, free delivery, and
public sales composting program. The evaluation of public sales
programs shall focus on direct retail sale of bagged compost at
the site or special distribution centers and bulk sale of
finished compost to wholesalers for resale.
(Source: P.A. 94-793, eff. 5-19-06; revised 10-19-18.)
 
    Section 620. The Environmental Toxicology Act is amended by
changing Section 3 as follows:
 
    (415 ILCS 75/3)  (from Ch. 111 1/2, par. 983)
    Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires: ;
    (a) "Department" means the Illinois Department of Public
Health. ;
    (b) "Director" means the Director of the Illinois
Department of Public Health. ;
    (c) "Program" means the Environmental Toxicology Program
as established by this Act. ;
    (d) "Exposure" means contact with a hazardous substance. ;
    (e) "Hazardous substance" means chemical compounds,
elements, or combinations of chemicals which, because of
quantity concentration, physical characteristics or
toxicological characteristics may pose a substantial present
or potential hazard to human health and includes, but is not
limited to, any substance defined as a hazardous substance in
Section 3.215 of the "Environmental Protection Act. ", approved
June 29, 1970, as amended;
    (f) "Initial assessment" means a review and evaluation of
site history and hazardous substances involved, potential for
population exposure, the nature of any health related
complaints and any known patterns in disease occurrence. ;
    (g) "Comprehensive health study" means a detailed analysis
which may include: a review of available environmental,
morbidity and mortality data; environmental and biological
sampling; detailed review of scientific literature; exposure
analysis; population surveys; or any other scientific or
epidemiologic methods deemed necessary to adequately evaluate
the health status of the population at risk and any potential
relationship to environmental factors. ;
    (h) "Superfund Site" means any hazardous waste site
designated for cleanup on the National Priorities List as
mandated by the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended. ;
    (i) (Blank).
(Source: P.A. 100-103, eff. 8-11-17; 100-621, eff. 7-20-18;
revised 10-22-18.)
 
    Section 625. The Mercury Switch Removal Act is amended by
changing Section 15 as follows:
 
    (415 ILCS 97/15)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 15. Mercury switch collection programs.
    (a) Within 60 days of April 24, 2006 (the effective date of
this Act), manufacturers of vehicles in Illinois that contain
mercury switches must begin to implement a mercury switch
collection program that facilitates the removal of mercury
switches from end-of-life vehicles before the vehicles are
flattened, crushed, shredded, or otherwise processed for
recycling and to collect and properly manage mercury switches
in accordance with the Environmental Protection Act and
regulations adopted thereunder. In order to ensure that the
mercury switches are removed and collected in a safe and
consistent manner, manufacturers must, to the extent
practicable, use the currently available end-of-life vehicle
recycling infrastructure. The collection program must be
designed to achieve capture rates of not less than (i) 35% for
the period of July 1, 2006, through June 30, 2007; (ii) 50% for
the period of July 1, 2007, through June 30, 2008; and (iii)
70% for the period of July 1, 2008, through June 30, 2009 and
for each subsequent period of July 1 through June 30. At a
minimum, the collection program must:
        (1) Develop and provide educational materials that
    include guidance as to which vehicles may contain mercury
    switches and procedures for locating and removing mercury
    switches. The materials may include, but are not limited
    to, brochures, fact sheets, and videos.
        (2) Conduct outreach activities to encourage vehicle
    recyclers and vehicle crushers to participate in the
    mercury switch collection program. The activities may
    include, but are not limited to, direct mailings,
    workshops, and site visits.
        (3) Provide storage containers to participating
    vehicle recyclers and vehicle crushers for mercury
    switches removed under the program.
        (4) Provide a collection and transportation system to
    periodically collect and replace filled storage containers
    from vehicle recyclers, vehicle crushers, and scrap metal
    recyclers, either upon notification that a storage
    container is full or on a schedule predetermined by the
    manufacturers.
        (5) Establish an entity that will serve as a point of
    contact for the collection program and that will establish,
    implement, and oversee the collection program on behalf of
    the manufacturers.
        (6) Track participation in the collection program and
    the progress of mercury switch removals and collections.
    (b) Within 90 days of April 24, 2006 (the effective date of
this Act), manufacturers of vehicles in Illinois that contain
mercury switches must submit to the Agency an implementation
plan that describes how the collection program under subsection
(a) of this Section will be carried out for the duration of the
program and how the program will achieve the capture rates set
forth in subsection (a) of this Section. At a minimum, the
implementation plan must:
        (A) Identify the educational materials that will
    assist vehicle recyclers, vehicle crushers, and scrap
    metal processors in identifying, removing, and properly
    managing mercury switches removed from end-of-life
    vehicles.
        (B) Describe the outreach program that will be
    undertaken to encourage vehicle recyclers and vehicle
    crushers to participate in the mercury switch collection
    program.
        (C) Describe how the manufacturers will ensure that
    mercury switches removed from end-of-life vehicles are
    managed in accordance with the Illinois Environmental
    Protection Act and regulations adopted thereunder.
        (D) Describe how the manufacturers will collect and
    document the information required in the quarterly reports
    submitted pursuant to subsection (e) of this Section.
        (E) Describe how the collection program will be
    financed and implemented.
        (F) Identify the manufacturer's address to which the
    Agency should send the notice required under subsection (f)
    of this Section.
    The Agency shall review the collection program plans it
receives for completeness and shall notify the manufacturer in
writing if a plan is incomplete. Within 30 days after receiving
a notification of incompleteness from the Agency the
manufacturer shall submit to the Agency a plan that contains
all of the required information.
    (c) The Agency must provide assistance to manufacturers in
their implementation of the collection program required under
this Section. The assistance shall include providing
manufacturers with information about businesses likely to be
engaged in vehicle recycling or vehicle crushing, conducting
site visits to promote participation in the collection program,
and assisting with the scheduling, locating, and staffing of
workshops conducted to encourage vehicle recyclers and vehicle
crushers to participate in the collection program.
    (d) Manufacturers subject to the collection program
requirements of this Section shall provide, to the extent
practicable, the opportunity for trade associations of vehicle
recyclers, vehicle crushers, and scrap metal recyclers to be
involved in the delivery and dissemination of educational
materials regarding the identification, removal, collection,
and proper management of mercury switches in end-of-life
vehicles.
    (e) (Blank).
    (f) If the reports required under this Act indicate that
the capture rates set forth in subsection (a) of this Section
for the period of July 1, 2007, through though June 30, 2008,
or for any subsequent period have not been met the Agency shall
provide notice that the capture rate was not met; provided,
however, that the Agency is not required to provide notice if
it determines that the capture rate was not met due to a force
majeure. The Agency shall provide the notice by posting a
statement on its website and by sending a written notice via
certified mail to the manufacturers subject to the collection
program requirement of this Section at the addresses provided
in the manufacturers' collection plans. Once the Agency
provides notice pursuant to this subsection (f) it is not
required to provide notice in subsequent periods in which the
capture rate is not met.
    (g) Beginning 30 days after the Agency first provides
notice pursuant to subsection (f) of this Section, the
following shall apply:
        (1) Vehicle recyclers must remove all mercury switches
    from each end-of-life vehicle before delivering the
    vehicle to an on-site or off-site vehicle crusher or to a
    scrap metal recycler, provided that a vehicle recycler is
    not required to remove a mercury switch that is
    inaccessible due to significant damage to the vehicle in
    the area surrounding the mercury switch that occurred
    before the vehicle recycler's receipt of the vehicle in
    which case the damage must be noted in the records the
    vehicle recycler is required to maintain under subsection
    (c) of Section 10 of this Act.
        (2) No vehicle recycler, vehicle crusher, or scrap
    metal recycler shall flatten, crush, or otherwise process
    an end-of-life vehicle for recycling unless all mercury
    switches have been removed from the vehicle, provided that
    a mercury switch that is inaccessible due to significant
    damage to the vehicle in the area surrounding the mercury
    switch that occurred before the vehicle recycler's,
    vehicle crusher's, or scrap metal recycler's receipt of the
    vehicle is not required to be removed. The damage must be
    noted in the records the vehicle recycler or vehicle
    crusher is required to maintain under subsection (c) of
    Section 10 of this Act.
        (3) Notwithstanding paragraphs (1) through (2) of this
    subsection (g), a scrap metal recycler may agree to accept
    an end-of-life vehicle that contains one or more mercury
    switches and that has not been flattened, crushed,
    shredded, or otherwise processed for recycling provided
    the scrap metal recycler removes all mercury switches from
    the vehicle before the vehicle is flattened, crushed,
    shredded, or otherwise processed for recycling. Scrap
    metal recyclers are not required to remove a mercury switch
    that is inaccessible due to significant damage to the
    vehicle in the area surrounding the mercury switch that
    occurred before the scrap metal recycler's receipt of the
    vehicle. The damage must be noted in the records the scrap
    metal recycler is required to maintain under subsection (c)
    of Section 10 of this Act.
        (4) Manufacturers subject to the collection program
    requirements of this Section must provide to vehicle
    recyclers, vehicle crushers, and scrap metal recyclers the
    following compensation for all mercury switches removed
    from end-of-life vehicles on or after the date of the
    notice: $2.00 for each mercury switch removed by the
    vehicle recycler, vehicle crusher, or the scrap metal
    recycler, the costs of the containers in which the mercury
    switches are collected, and the costs of packaging and
    transporting the mercury switches off-site. Payment of
    this compensation must be provided in a prompt manner.
    (h) In meeting the requirements of this Section,
manufacturers may work individually or as part of a group of 2
or more manufacturers.
(Source: P.A. 97-459, eff. 7-1-12; revised 10-19-18.)
 
    Section 630. The Consumer Electronics Recycling Act is
amended by changing Sections 1-10 and 1-25 as follows:
 
    (415 ILCS 151/1-10)
    (Text of Section before amendment by P.A. 100-1165)
    (Section scheduled to be repealed on December 31, 2026)
    Sec. 1-10. Manufacturer e-waste program.
    (a) For program year 2019 and each program year thereafter,
each manufacturer shall, individually or collectively as part
of a manufacturer clearinghouse, provide a manufacturer
e-waste program to transport and subsequently recycle, in
accordance with the requirements of this Act, residential CEDs
collected at, and prepared for transport from, the program
collection sites and one-day collection events included in the
program during the program year.
    (b) Each manufacturer e-waste program must include, at a
minimum, the following:
        (1) satisfaction of the convenience standard described
    in Section 1-15 of this Act;
        (2) instructions for designated county recycling
    coordinators and municipal joint action agencies to
    annually file notice to participate in the program;
        (3) transportation and subsequent recycling of the
    residential CEDs collected at, and prepared for transport
    from, the program collection sites and one-day collection
    events included in the program during the program year; and
        (4) submission of a report to the Agency, by March 1,
    2020, and each March 1 thereafter, which includes:
            (A) the total weight of all residential CEDs
        transported from program collection sites and one-day
        collection events throughout the State during the
        preceding program year by CED category;
            (B) the total weight of residential CEDs
        transported from all program collection sites and
        one-day collection events in each county in the State
        during the preceding program year by CED category; and
            (C) the total weight of residential CEDs
        transported from all program collection sites and
        one-day collection events in each county in the State
        during that preceding program year and that was
        recycled.
    (c) Each manufacturer e-waste program shall make the
instructions required under paragraph (2) of subsection (b)
available on its website by December 1, 2017, and the program
shall provide to the Agency a hyperlink to the website for
posting on the Agency's website.
    (d) Nothing in this Act shall prevent a manufacturer from
accepting, through a manufacturer e-waste program, residential
CEDs collected through a curbside collection program that is
operated pursuant to an agreement between a third party and a
unit of local government located within a county or municipal
joint action agency that has elected to participate in a
manufacturer e-waste program.
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;
100-592, eff. 6-22-18.)
 
    (Text of Section after amendment by P.A. 100-1165)
    (Section scheduled to be repealed on December 31, 2026)
    Sec. 1-10. Manufacturer e-waste program.
    (a) For program year 2019 and each program year thereafter,
each manufacturer shall, individually or collectively as part
of a manufacturer clearinghouse, provide a manufacturer
e-waste program to transport and subsequently recycle, in
accordance with the requirements of this Act, residential CEDs
collected at, and prepared for transport from, the program
collection sites and one-day collection events included in the
program during the program year.
    (b) Each manufacturer e-waste program must include, at a
minimum, the following:
        (1) satisfaction of the convenience standard described
    in Section 1-15 of this Act;
        (2) instructions for designated county recycling
    coordinators and municipal joint action agencies to
    annually file notice to participate in the program;
        (3) transportation and subsequent recycling of the
    residential CEDs collected at, and prepared for transport
    from, the program collection sites and one-day collection
    events included in the program during the program year; and
        (4) submission of a report to the Agency, by March 1,
    2020, and each March 1 thereafter, which includes:
            (A) the total weight of all residential CEDs
        transported from program collection sites and one-day
        collection events throughout the State during the
        preceding program year by CED category;
            (B) the total weight of residential CEDs
        transported from all program collection sites and
        one-day collection events in each county in the State
        during the preceding program year by CED category; and
            (C) the total weight of residential CEDs
        transported from all program collection sites and
        one-day collection events in each county in the State
        during that preceding program year and that was
        recycled.
    (c) Each manufacturer e-waste program shall make the
instructions required under paragraph (2) of subsection (b)
available on its website by December 1, 2017, and the program
shall provide to the Agency a hyperlink to the website for
posting on the Agency's website.
    (d) Nothing in this Act shall prevent a manufacturer from
accepting, through a manufacturer e-waste program, residential
CEDs collected through a curbside or drop-off collection
program that is operated pursuant to a residential franchise
collection agreement authorized by Section 11-19-1 of the
Illinois Municipal Code or Section 5-1048 of the Counties Code
between a third party and a unit of local government located
within a county or municipal joint action agency that has
elected to participate in a manufacturer e-waste program.
    (e) A collection program operated in accordance with this
Section shall:
        (1) meet the collector responsibilities under
    subsections (a), (a-5), (d), (e), and (g) under Section
    1-45 and require certification on the bill of lading or
    similar manifest from the unit of local government, the
    third party, and the county or municipal joint action
    agency that elected to participate in the manufacturer
    e-waste program that the CEDs were collected, to the best
    of their knowledge, from residential consumers in the State
    of Illinois;
        (2) comply with the audit provisions under subsection
    (g) of Section 1-30;
        (3) locate any drop-off location where CEDs are
    collected on property owned by a unit of local government;
    and
        (4) have signage at any drop-off location indicating
    only residential CEDs are accepted for recycling.
    Manufacturers of CEDs are not financially responsible for
transporting and consolidating CEDs collected from a
collection program's drop-off location. Any drop-off location
used in 2019 must have been identified by the county or
municipal joint action agency in the written notice of election
to participate in the manufacturer e-waste program in
accordance with Section 1-20 by March 1, 2018. Any drop-off
location operating in 2020 or in subsequent years must be
identified by the county or municipal joint action agency in
the annual written notice of election to participate in a
manufacturer e-waste program in accordance with Section 1-20 to
be eligible for the subsequent program year.
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;
100-592, eff. 6-22-18; 100-1165, eff. 6-1-19; revised
1-15-19.)
 
 
    (415 ILCS 151/1-25)
    (Text of Section before amendment by P.A. 100-1165)
    (Section scheduled to be repealed on December 31, 2026)
    Sec. 1-25. Manufacturer e-waste program plans.
    (a) By July 1, 2018, and by July 1 of each year thereafter
for the upcoming program year, beginning with program year
2019, each manufacturer shall, individually or through a
manufacturer clearinghouse, submit to the Agency a
manufacturer e-waste program plan, which includes, at a
minimum, the following:
        (1) the contact information for the individual who will
    serve as the point of contact for the manufacturer e-waste
    program;
        (2) the identity of each county that has elected to
    participate in the manufacturer e-waste program during the
    program year;
        (3) for each county, the location of each program
    collection site and one-day collection event included in
    the manufacturer e-waste program for the program year;
        (4) the collector operating each program collection
    site and one-day collection event included in the
    manufacturer e-waste program for the program year;
        (5) the recyclers that manufacturers plan to use during
    the program year to transport and subsequently recycle
    residential CEDs under the program, with the updated list
    of recyclers to be provided to the Agency no later than
    December 1 preceding each program year;
        (6) an explanation of any deviation by the program from
    the standard program collection site distribution set
    forth in subsection (a) of Section 1-15 of this Act for the
    program year, along with copies of all written agreements
    made pursuant to paragraphs (1) or (2) of subsection (b) of
    Section 1-15 for the program year; and
        (7) if a group of 2 or more manufacturers are
    participating in a manufacturer clearinghouse,
    certification that the methodology used for allocating
    responsibility for the transportation and recycling of
    residential CEDs by manufacturers participating in the
    manufacturer clearinghouse for the program year will be in
    compliance with the allocation methodology established
    under Section 1-84.5 of this Act.
    (b) Within 60 days after receiving a manufacturer e-waste
program plan, the Agency shall review the plan and approve the
plan or disapprove the plan.
        (1) If the Agency determines that the program
    collection sites and one-day collection events specified
    in the plan will satisfy the convenience standard set forth
    in Section 1-15 of this Act, then the Agency shall approve
    the manufacturer e-waste program plan and provide written
    notification of the approval to the individual who serves
    as the point of contact for the manufacturer. The Agency
    shall make the approved plan available on the Agency's
    website.
        (2) If the Agency determines the plan will not satisfy
    the convenience standard set forth in Section 1-15 of this
    Act, then the Agency shall disapprove the manufacturer
    e-waste program plan and provide written notification of
    the disapproval and the reasons for the disapproval to the
    individual who serves as the point of contact for the
    manufacturer. Within 30 days after the date of disapproval,
    the manufacturer shall submit a revised manufacturer
    e-waste program plan that addresses the deficiencies noted
    in the Agency's disapproval.
    (c) Manufacturers shall assume financial responsibility
for carrying out their e-waste program plans, including, but
not limited to, financial responsibility for providing the
packaging materials necessary to prepare shipments of
collected residential CEDs in compliance with subsection (e) of
Section 1-45, as well as financial responsibility for bulk
transportation and recycling of collected residential CEDs.
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;
100-592, eff. 6-22-18.)
 
    (Text of Section after amendment by P.A. 100-1165)
    (Section scheduled to be repealed on December 31, 2026)
    Sec. 1-25. Manufacturer e-waste program plans.
    (a) By September 1, 2018 for program year 2019, and by July
1 of each year thereafter, each manufacturer shall,
individually or through a manufacturer clearinghouse, submit
to the Agency a manufacturer e-waste program plan, which
includes, at a minimum, the following:
        (1) the contact information for the individual who will
    serve as the point of contact for the manufacturer e-waste
    program;
        (2) the identity of each county that has elected to
    participate in the manufacturer e-waste program during the
    program year;
        (3) for each county, the location of each program
    collection site and one-day collection event included in
    the manufacturer e-waste program for the program year;
        (4) the collector operating each program collection
    site and one-day collection event included in the
    manufacturer e-waste program for the program year;
        (5) the recyclers that manufacturers plan to use during
    the program year to transport and subsequently recycle
    residential CEDs under the program, with the updated list
    of recyclers to be provided to the Agency no later than
    December 1 preceding each program year;
        (6) an explanation of any deviation by the program from
    the standard program collection site distribution set
    forth in subsection (a) of Section 1-15 of this Act for the
    program year, along with copies of all written agreements
    made pursuant to paragraphs (1) or (2) of subsection (b) of
    Section 1-15 for the program year; and
        (7) if a group of 2 or more manufacturers are
    participating in a manufacturer clearinghouse,
    certification that the methodology used for allocating
    responsibility for the transportation and recycling of
    residential CEDs by manufacturers participating in the
    manufacturer clearinghouse for the program year will be in
    compliance with the allocation methodology established
    under Section 1-84.5 of this Act.
    (b) Within 60 days after receiving a manufacturer e-waste
program plan, the Agency shall review the plan and approve the
plan or disapprove the plan.
        (1) If the Agency determines that the program
    collection sites and one-day collection events specified
    in the plan will satisfy the convenience standard set forth
    in Section 1-15 of this Act, then the Agency shall approve
    the manufacturer e-waste program plan and provide written
    notification of the approval to the individual who serves
    as the point of contact for the manufacturer. The Agency
    shall make the approved plan available on the Agency's
    website.
        (2) If the Agency determines the plan will not satisfy
    the convenience standard set forth in Section 1-15 of this
    Act, then the Agency shall disapprove the manufacturer
    e-waste program plan and provide written notification of
    the disapproval and the reasons for the disapproval to the
    individual who serves as the point of contact for the
    manufacturer. Within 30 days after the date of disapproval,
    the manufacturer shall submit a revised manufacturer
    e-waste program plan that addresses the deficiencies noted
    in the Agency's disapproval.
    (c) Manufacturers shall assume financial responsibility
for carrying out their e-waste program plans, including, but
not limited to, financial responsibility for providing the
packaging materials necessary to prepare shipments of
collected residential CEDs in compliance with subsection (e) of
Section 1-45, as well as financial responsibility for bulk
transportation and recycling of collected residential CEDs.
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;
100-592, eff. 6-22-18; 100-1165, eff. 6-1-19; revised
1-15-19.)
 
    Section 635. The Firearms Restraining Order Act is amended
by changing Sections 5, 10, 25, 30, 35, 40, 45, 50, 55, and 70
as follows:
 
    (430 ILCS 67/5)
    Sec. 5. Definitions. As used in this Act:
    "Family member of the respondent" means a spouse, parent,
child, or step-child of the respondent, any other person
related by blood or present marriage to the respondent, or a
person who shares a common dwelling with the respondent.
    "Firearms restraining order" means an order issued by the
court, prohibiting and enjoining a named person from having in
his or her custody or control, purchasing, possessing, or
receiving any firearms.
    "Intimate partner" means a spouse, former spouse, a person
with whom the respondent has or allegedly has a child in
common, or a person with whom the respondent has or has had a
dating or engagement relationship.
    "Petitioner" means:
        (1) a family member of the respondent as defined in
    this Act; or
        (2) a law enforcement officer, who files a petition
    alleging that the respondent poses a danger of causing
    personal injury to himself, herself, or another by having
    in his or her custody or control, purchasing, possessing,
    or receiving a firearm.
    "Respondent" means the person alleged in the petition to
pose a danger of causing personal injury to himself, herself,
or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    (430 ILCS 67/10)
    Sec. 10. Commencement of action; procedure.
    (a) An action Actions for a firearms restraining order is
are commenced by filing a verified petition for a firearms
restraining order in any circuit court.
    (b) A petition for a firearms restraining order may be
filed in any county where the respondent resides.
    (c) No fee shall be charged by the clerk for filing,
amending, vacating, certifying, or photocopying petitions or
orders; or for issuing alias summons; or for any related filing
service. No fee shall be charged by the sheriff or other law
enforcement for service by the sheriff or other law enforcement
of a petition, rule, motion, or order in an action commenced
under this Section.
    (d) The court shall provide, through the office of the
clerk of the court, simplified forms and clerical assistance to
help with the writing and filing of a petition under this
Section by any person not represented by counsel. In addition,
that assistance may be provided by the State's Attorney.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    (430 ILCS 67/25)
    Sec. 25. Process. The summons shall be in the form
prescribed by Supreme Court Rule 101(d), except that it shall
require the respondent to answer or appear within 7 days.
Attachments to the summons or notice shall include the petition
for the firearms restraining order and supporting affidavits,
if any, and any emergency firearms restraining order that has
been issued. The enforcement of an order under Section 35 shall
not be affected by the lack of service, delivery, or notice,
provided the requirements of subsection (f) of that Section are
otherwise met.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    (430 ILCS 67/30)
    Sec. 30. Service of notice of hearings. Service of notice
of hearings. Except as provided in Section 25, notice of
hearings on petitions or motions shall be served in accordance
with Supreme Court Rules 11 and 12, unless notice is excused by
Section 35 of this Act, or by the Code of Civil Procedure,
Supreme Court Rules, or local rules.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    (430 ILCS 67/35)
    Sec. 35. Ex parte orders and emergency hearings.
    (a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control, purchasing,
possessing, or receiving a firearm. The petition shall also
describe the type and location of any firearm or firearms
presently believed by the petitioner to be possessed or
controlled by the respondent.
    (b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court
for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner Petitioner shall
attest to having provided the notice in the filed affidavit or
verified pleading. If, after making a good faith effort, the
petitioner is unable to provide notice to any or all intimate
partners, the affidavit or verified pleading should describe
what efforts were made.
    (c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
    (d) An emergency firearms restraining order shall be issued
on an ex parte basis, that is, without notice to the
respondent.
    (e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
    (f) If a circuit or associate judge finds probable cause to
believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control, purchasing,
possessing, or receiving a firearm, the circuit or associate
judge shall issue an emergency order.
    (f-5) If the court issues an emergency firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence and
other places where the court finds there is probable cause to
believe he or she is likely to possess the firearms.
    (g) An emergency firearms restraining order shall require:
        (1) the respondent to refrain from having in his or her
    custody or control, purchasing, possessing, or receiving
    additional firearms for the duration of the order; and
        (2) the respondent to turn over to the local law
    enforcement agency any Firearm Owner's Identification Card
    and concealed carry license in his or her possession. The
    local law enforcement agency shall immediately mail the
    card and concealed carry license to the Department of State
    Police Firearm Services Bureau for safekeeping. The
    firearm or firearms and Firearm Owner's Identification
    Card and concealed carry license, if unexpired, shall be
    returned to the respondent after the firearms restraining
    order is terminated or expired.
    (h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card and
concealed carry license cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, or is not lawfully eligible
to possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the firearms
for training purposes, or use the firearms for any other
application as deemed appropriate by the local law enforcement
agency.
    (h-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that he
or she shall not transfer the firearm to the respondent or to
anyone residing in the same residence as the respondent.
    (h-6) If a person other than the respondent claims title to
any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
        (1) the firearm is removed from the respondent's
    custody, control, or possession and the lawful owner agrees
    to store the firearm in a manner such that the respondent
    does not have access to or control of the firearm; and
        (2) the firearm is not otherwise unlawfully possessed
    by the owner.
    The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
    (i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    (430 ILCS 67/40)
    Sec. 40. Six-month Six month orders.
    (a) A petitioner may request a 6-month firearms restraining
order by filing an affidavit or verified pleading alleging that
the respondent poses a significant danger of causing personal
injury to himself, herself, or another in the near future by
having in his or her custody or control, purchasing,
possessing, or receiving a firearm. The petition shall also
describe the number, types, and locations of any firearms
presently believed by the petitioner to be possessed or
controlled by the respondent.
    (b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or an
intimate partner is alleged to have been the target of a threat
or act of violence by the respondent, the petitioner shall make
a good faith effort to provide notice to any and all intimate
partners of the respondent. The notice must include that the
petitioner intends to petition the court for a 6-month firearms
restraining order, and, if the petitioner is a law enforcement
officer, referral to relevant domestic violence or stalking
advocacy or counseling resources, if appropriate. The
petitioner Petitioner shall attest to having provided the
notice in the filed affidavit or verified pleading. If, after
making a good faith effort, the petitioner is unable to provide
notice to any or all intimate partners, the affidavit or
verified pleading should describe what efforts were made.
    (c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
    (d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.
    (e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
        (1) The unlawful and reckless use, display, or
    brandishing of a firearm by the respondent.
        (2) The history of use, attempted use, or threatened
    use of physical force by the respondent against another
    person.
        (3) Any prior arrest of the respondent for a felony
    offense.
        (4) Evidence of the abuse of controlled substances or
    alcohol by the respondent.
        (5) A recent threat of violence or act of violence by
    the respondent directed toward himself, herself, or
    another.
        (6) A violation of an emergency order of protection
    issued under Section 217 of the Illinois Domestic Violence
    Act of 1986 or Section 112A-17 of the Code of Criminal
    Procedure of 1963 or of an order of protection issued under
    Section 214 of the Illinois Domestic Violence Act of 1986
    or Section 112A-14 of the Code of Criminal Procedure of
    1963.
        (7) A pattern of violent acts or violent threats,
    including, but not limited to, threats of violence or acts
    of violence by the respondent directed toward himself,
    herself, or another.
    (f) At the hearing, the petitioner shall have the burden of
proving, by clear and convincing evidence, that the respondent
poses a significant danger of personal injury to himself,
herself, or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm.
    (g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court shall
issue a firearms restraining order that shall be in effect for
6 months subject to renewal under Section 45 of this Act or
termination under that Section.
    (g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence and
other places where the court finds there is probable cause to
believe he or she is likely to possess the firearms.
    (h) A 6-month firearms restraining order shall require:
        (1) the respondent to refrain from having in his or her
    custody or control, purchasing, possessing, or receiving
    additional firearms for the duration of the order; and
        (2) the respondent to turn over to the local law
    enforcement agency any firearm or Firearm Owner's
    Identification Card and concealed carry license in his or
    her possession. The local law enforcement agency shall
    immediately mail the card and concealed carry license to
    the Department of State Police Firearm Services Bureau for
    safekeeping. The firearm or firearms and Firearm Owner's
    Identification Card and concealed carry license, if
    unexpired, shall be returned to the respondent after the
    firearms restraining order is terminated or expired.
    (i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the firearms,
or is not lawfully eligible to possess a firearm, upon petition
from the local law enforcement agency, the court may order the
local law enforcement agency to destroy the firearms, use the
firearms for training purposes, or use the firearms for any
other application as deemed appropriate by the local law
enforcement agency.
    (i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that he
or she shall not transfer the firearm to the respondent or to
anyone any one residing in the same residence as the
respondent.
    (i-6) If a person other than the respondent claims title to
any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
        (1) the firearm is removed from the respondent's
    custody, control, or possession and the lawful owner agrees
    to store the firearm in a manner such that the respondent
    does not have access to or control of the firearm; and
        (2) the firearm is not otherwise unlawfully possessed
    by the owner.
    The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
    (j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
    (k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    (430 ILCS 67/45)
    Sec. 45. Termination and renewal.
    (a) A person subject to a firearms restraining order issued
under this Act may submit one written request at any time
during the effective period of the order for a hearing to
terminate the order.
        (1) The respondent shall have the burden of proving by
    a preponderance of the evidence that the respondent does
    not pose a danger of causing personal injury to himself,
    herself, or another in the near future by having in his or
    her custody or control, purchasing, possessing, or
    receiving a firearm.
        (2) If the court finds after the hearing that the
    respondent has met his or her burden, the court shall
    terminate the order.
    (b) A petitioner may request a renewal of a firearms
restraining order at any time within the 3 months before the
expiration of a firearms restraining order.
        (1) A court shall, after notice and a hearing, renew a
    firearms restraining order issued under this part if the
    petitioner proves, by clear and convincing evidence, that
    the respondent continues to pose a danger of causing
    personal injury to himself, herself, or another in the near
    future by having in his or her custody or control,
    purchasing, possessing, or receiving a firearm.
        (2) In determining whether to renew a firearms
    restraining order issued under this Act, the court shall
    consider evidence of the facts identified in subsection (e)
    of Section 40 of this Act and any other evidence of an
    increased risk for violence.
        (3) At the hearing, the petitioner shall have the
    burden of proving, by clear and convincing evidence that
    the respondent continues to pose a danger of causing
    personal injury to himself, herself, or another in the near
    future by having in his or her custody or control,
    purchasing, possessing, or receiving a firearm.
        (4) The renewal of a firearms restraining order issued
    under this Section shall be in effect for 6 months, subject
    to termination by further order of the court at a hearing
    held under this Section and further renewal by further
    order of the court under this Section.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    (430 ILCS 67/50)
    Sec. 50. Notice of orders.
    (a) Entry and issuance. Upon issuance of any firearms
restraining order, the clerk shall immediately, or on the next
court day if an emergency firearms restraining order is issued
in accordance with Section 35 of this Act (emergency firearms
restraining order): , (i) enter the order on the record and file
it in accordance with the circuit court procedures and (ii)
provide a file stamped copy of the order to the respondent, if
present, and to the petitioner.
    (b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that a firearms
restraining order is issued, file a certified copy of that
order with the sheriff or other law enforcement officials
charged with maintaining Department of State Police records or
charged with serving the order upon the respondent. If the
order was issued in accordance with Section 35 of this Act
(emergency firearms restraining order), the clerk shall, on the
next court day, file a certified copy of the order with the
sheriff or other law enforcement officials charged with
maintaining Department of State Police records.
    (c) Service by sheriff. Unless the respondent was present
in court when the order was issued, the sheriff or other law
enforcement official shall promptly serve that order upon the
respondent and file proof of the service, in the manner
provided for service of process in civil proceedings. Instead
of serving the order upon the respondent, however, the sheriff,
other law enforcement official, or other persons defined in
Section 112A-22.10 of the Code of Criminal Procedure Criminal
Code of 1963 may serve the respondent with a short form
notification as provided in that Section. If process has not
yet been served upon the respondent, it shall be served with
the order or short form notification if the service is made by
the sheriff, or other law enforcement official.
    (d) Any order renewing or terminating any firearms
restraining order shall be promptly recorded, issued, and
served as provided in this Section.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    (430 ILCS 67/55)
    Sec. 55. Data maintenance by law enforcement agencies.
    (a) All sheriffs shall furnish to the Department of State
Police, daily, in the form and detail the Department requires,
copies of any recorded firearms restraining orders order issued
by the court, and any foreign orders of protection filed by the
clerk of the court, and transmitted to the sheriff by the clerk
of the court under Section 50. Each firearms restraining order
shall be entered in the Law Enforcement Agencies Data System
(LEADS) on the same day it is issued by the court. If an
emergency firearms restraining order was issued in accordance
with Section 35 of this Act, the order shall be entered in the
Law Enforcement Agencies Data System (LEADS) as soon as
possible after receipt from the clerk.
    (b) The Department of State Police shall maintain a
complete and systematic record and index of all valid and
recorded firearms restraining orders issued or filed under this
Act. The data shall be used to inform all dispatchers and law
enforcement officers at the scene of a violation of a firearms
restraining order of the effective dates and terms of any
recorded order of protection.
    (c) The data, records, and transmittals required under this
Section shall pertain to any valid emergency or 6-month
firearms restraining order, whether issued in a civil or
criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    (430 ILCS 67/70)
    Sec. 70. Non-preclusion of remedies. Nothing in this Act
shall preclude a petitioner or law enforcement law-enforcement
officer from removing weapons under other authority, or filing
criminal charges when probable cause exists.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
    Section 640. The Farmer Equity Act is amended by changing
Section 15 as follows:
 
    (505 ILCS 72/15)
    Sec. 15. Inclusion of socially disadvantaged farmers.
    (a) The Department shall ensure the inclusion of socially
disadvantaged farmers, including socially disadvantaged
farmers in urbanized areas, in the development, adoption,
implementation, and enforcement of food and agriculture laws,
regulations, policies, and programs.
    (b) The Department shall:
        (1) consult with the Director of the Environmental
    Protection Agency, the Director of Natural Resources, the
    Executive Director of the Illinois Housing Development
    Authority, the Secretary of Human Services, and other
    interested parties of the public and private sector of the
    State on opportunities for socially disadvantaged farmers
    to coordinate State programs;
        (2) disseminate information regarding opportunities
    provided by, including, but not limited to, the United
    States Department of Agriculture, the United States
    Environmental Protection Agency, the General Accounting
    Office, the Office of Management and Budget, and other
    federal agencies that that have programs that may assist
    socially disadvantaged farmers; and
        (3) evaluate opportunities for the inclusion of
    socially disadvantaged farmers in boards, committees,
    commissions, and other similar positions created by the
    Department.
(Source: P.A. 100-1039, eff. 8-23-18; revised 10-3-18.)
 
    Section 645. The Food and Agriculture Research Act is
amended by changing Section 25 as follows:
 
    (505 ILCS 82/25)
    Sec. 25. Administrative oversight. (a) The Department of
Agriculture shall provide general administrative oversight
with the assistance and advice of duly elected Board of
Directors of the Illinois Council on Food and Agricultural
Research. Food and agricultural research administrators at
each of the universities shall administer the specifics of the
funded research programs. Annually the Illinois Council on Food
and Agricultural Research administrators shall prepare a
combined proposed budget for the research that the Director of
Agriculture shall submit to the Governor for inclusion in the
Executive budget and consideration by the General Assembly. The
budget shall specify major categories of proposed
expenditures, including salary, wages, and fringe benefits;
operation and maintenance; supplies and expenses; and capital
improvements.
    (b) (Blank).
(Source: P.A. 100-621, eff. 7-20-18; revised 10-3-18.)
 
    Section 650. The Animal Control Act is amended by changing
Section 15.5 as follows:
 
    (510 ILCS 5/15.5)
    Sec. 15.5. Reckless dog owner; complaint; penalty.
    (a) The Administrator, State's Attorney, Director, or any
citizen may file a complaint in circuit court to determine
whether a person is a reckless dog owner. If an owner is
determined to be a reckless dog owner by clear and convincing
evidence, the court shall order the immediate impoundment and
forfeiture of all dogs the reckless dog owner has a property
right in. Forfeiture may be to any licensed shelter, rescue, or
sanctuary. The court shall further prohibit the property right
ownership of a dog by the person determined to be a reckless
dog owner for a period of at least 12 months, but not more than
36 months for the first reckless dog owner determination.
    (a-5) A dog's history during ownership by a person found to
be a reckless dog owner shall not be considered conclusive of
the dog's temperament and qualification for adoption or
transfer. The dog's temperament shall be independently
evaluated by a person qualified to conduct behavioral
assessments and, if the dog is deemed adoptable, the receiving
facility shall make a reasonable attempt to place the dog in
another home, transfer the dog to rescue, or place the dog in a
sanctuary.
    (b) A person who refuses to forfeit a dog under this
Section is in a violation which carries a public safety fine of
$500 for each dog. The fine shall to be deposited into the Pet
Population Control Fund. Each day a person fails to comply with
a forfeiture or prohibition ordered under this Section shall
constitute a separate offense.
(Source: P.A. 100-971, eff. 1-1-19; revised 10-3-18.)
 
    Section 655. The Police Service Dog Protection Act is
amended by changing Section 15 as follows:
 
    (510 ILCS 83/15)
    Sec. 15. Vehicles transporting police dogs; requirements.
A vehicle used to transport a police dog shall be equipped with
a heat sensor monitoring device which shall:
        (1) monitor the internal temperature of the vehicle in
    which the police dog is being transported;
        (2) provide an audible and visual notification in the
    vehicle if the interior temperature reaches 85 degrees
    Fahrenheit which remotely notifies the law enforcement
    officer responsible for the police dog or the law
    enforcement agency's 24-hour 24 hour dispatch center; and
        (3) have a safety mechanism to reduce the interior
    temperature of the vehicle.
(Source: P.A. 100-666, eff. 1-1-19; revised 10-3-18.)
 
    Section 660. The Wildlife Code is amended by changing
Sections 2.26, 2.36a, 3.1-9, 3.2, and 3.3 as follows:
 
    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
    Sec. 2.26. Deer hunting permits. Any person attempting to
take deer shall first obtain a "Deer Hunting Permit" issued by
the Department in accordance with its administrative rules.
Those rules must provide for the issuance of the following
types of resident deer archery permits: (i) a combination
permit, consisting of one either-sex permit and one
antlerless-only permit, (ii) a single antlerless-only permit,
and (iii) a single either-sex permit. The fee for a Deer
Hunting Permit to take deer with either bow and arrow or gun
shall not exceed $25.00 for residents of the State. The
Department may by administrative rule provide for non-resident
deer hunting permits for which the fee will not exceed $300 in
2005, $350 in 2006, and $400 in 2007 and thereafter except as
provided below for non-resident landowners and non-resident
archery hunters. The Department may by administrative rule
provide for a non-resident archery deer permit consisting of
not more than 2 harvest tags at a total cost not to exceed $325
in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
fees for a youth resident and non-resident archery deer permit
shall be the same.
    The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
    No person may have in his or her possession any firearm not
authorized by administrative rule for a specific hunting season
when taking deer.
    Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of shotgun, handgun, or muzzle loading rifle.
    Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of bow and arrow.
    It shall be unlawful for any person to take deer by use of
dogs, horses, automobiles, aircraft or other vehicles, or by
the use or aid of bait or baiting of any kind. For the purposes
of this Section, "bait" means any material, whether liquid or
solid, including food, salt, minerals, and other products,
except pure water, that can be ingested, placed, or scattered
in such a manner as to attract or lure white-tailed deer.
"Baiting" means the placement or scattering of bait to attract
deer. An area is considered as baited during the presence of
and for 10 consecutive days following the removal of bait.
Nothing in this Section shall prohibit the use of a dog to
track wounded deer. Any person using a dog for tracking wounded
deer must maintain physical control of the dog at all times by
means of a maximum 50 foot lead attached to the dog's collar or
harness. Tracking wounded deer is permissible at night, but at
no time outside of legal deer hunting hours or seasons shall
any person handling or accompanying a dog being used for
tracking wounded deer be in possession of any firearm or
archery device. Persons tracking wounded deer with a dog during
the firearm deer seasons shall wear blaze orange or solid blaze
pink color as required. Dog handlers tracking wounded deer with
a dog are exempt from hunting license and deer permit
requirements so long as they are accompanied by the licensed
deer hunter who wounded the deer.
    It shall be unlawful to possess or transport any wild deer
which has been injured or killed in any manner upon a public
highway or public right-of-way of this State unless exempted by
administrative rule.
    Persons hunting deer must have gun unloaded and no bow and
arrow device shall be carried with the arrow in the nocked
position during hours when deer hunting is unlawful.
    It shall be unlawful for any person, having taken the legal
limit of deer by gun, to further participate with gun in any
deer hunting party.
    It shall be unlawful for any person, having taken the legal
limit of deer by bow and arrow, to further participate with bow
and arrow in any deer hunting party.
    The Department may prohibit upland game hunting during the
gun deer season by administrative rule.
    The Department shall not limit the number of non-resident,
either-sex archery deer hunting permits to less than 20,000.
    Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
    For the purposes of calculating acreage under this Section,
the Department shall, after determining the total acreage of
the applicable tract or tracts of land, round remaining
fractional portions of an acre greater than or equal to half of
an acre up to the next whole acre.
    For the purposes of taking white-tailed deer, nothing in
this Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating or the use of products
designed for scent only and not capable of ingestion, solid or
liquid, placed or scattered, in such a manner as to attract or
lure deer. Such manipulation for the purpose of taking
white-tailed deer may be further modified by administrative
rule.
(Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17;
100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)
 
    (520 ILCS 5/2.36a)  (from Ch. 61, par. 2.36a)
    Sec. 2.36a. Value of protected species; violations.
    (a) Any person who, for profit or commercial purposes,
knowingly captures or kills, possesses, offers for sale, sells,
offers to barter, barters, offers to purchase, purchases,
delivers for shipment, ships, exports, imports, causes to be
shipped, exported, or imported, delivers for transportation,
transports or causes to be transported, carries or causes to be
carried, or receives for shipment, transportation, carriage,
or export any animal or part of animal of the species protected
by this Act, contrary to the provisions of this Act, and such
animals, in whole or in part, are valued at or in excess of a
total of $300, as per specie value specified in subsection (c)
of this Section, commits a Class 3 felony.
    A person shall be guilty of a Class 4 felony if convicted
under this Section for more than one violation within a 90-day
period where the animals of each violation are not valued at or
in excess of $300, but the total value of the animals from the
multiple violations is at or in excess of $300. The prosecution
for a Class 4 felony for these multiple violations must be
alleged in a single charge or indictment and brought in a
single prosecution.
    (b) Possession of animals, in whole or in part, captured or
killed in violation of this Act, valued at or in excess of
$600, as per specie value specified in subsection (c) of this
Section, shall be considered prima facie evidence of possession
for profit or commercial purposes.
    (c) For purposes of this Section, the fair market value or
replacement cost, whichever is greater, shall be used to
determine the value of the species protected by this Act, but
in no case shall the minimum value of all species protected by
this Act be less than as follows:
        (1) Eagle, $1,000;
        (2) Whitetail deer, $1,000 and wild turkey, $500;
        (3) Fur-bearing mammals, $50;
        (4) Game birds (except the wild turkey) and migratory
    game birds (except Trumpeter swans), $50;
        (5) Owls, hawks, falcons, kites, harriers, and
    ospreys, and other birds of prey, $250;
        (6) Game mammals (except whitetail deer), $50;
        (7) Other mammals, $100;
        (8) Resident and migratory non-game birds (except
    birds of prey), $100;
        (9) Trumpeter swans, $1,000.
    (d) In this subsection (d), "point" means a projection on
the antler of a whitetail antlered deer that is at least
one-inch long as measured from the tip to the nearest edge of
antler beam and the length of which exceeds the length of its
base. A person who possesses whitetail antlered deer, in whole
or in part, captured or killed in violation of this Act, shall
pay restitution to the Department in the amount of $1,000 per
whitetail antlered deer and an additional $500 per antler
point, for each whitetail antlered deer with at least 8 but not
more than 10 antler points. For whitetail antlered deer with 11
or more antler points, restitution of $1,000 shall be paid to
the Department per whitetail antlered deer plus $750 per antler
point.
(Source: P.A. 100-960, eff. 8-19-18; revised 10-3-18.)
 
    (520 ILCS 5/3.1-9)
    Sec. 3.1-9. Youth Hunting and Trapping License.
    (a) Before any or non-resident youth under 18 years of age
shall take or attempt to take any species protected by Section
2.2 of this Code for which an open season is established, he or
she shall first procure and possess a valid Youth Hunting and
Trapping License. The Youth Hunting and Trapping License shall
be a renewable license that shall expire on the March 31
following the date of issuance. The fee for a Youth Hunting and
Trapping License is $7.
    A Youth Hunting and Trapping License shall entitle the
licensee to hunt while supervised by an adult who is 21 years
of age or older and has a valid Illinois hunting license.
    A youth licensed under this subsection (a) shall not hunt
or carry a hunting device, including, but not limited to, a
firearm, bow and arrow, or crossbow unless the youth is
accompanied by and under the close personal supervision of an
adult who is 21 years of age or older and has a valid Illinois
hunting license.
    The Department shall adopt rules for the administration of
the program, but shall not require any certificate of
competency or other hunting or trapping education as a
condition of the Youth Hunting and Trapping License. If a youth
has a valid certificate of competency for hunting from a hunter
safety course approved by the Department, he or she is exempt
from the supervision requirements for youth hunters in this
Section.
    (b) or non-resident A Youth Hunting and Trapping License
shall entitle the licensee to trap while supervised by an adult
who is 21 years of age or older and has a valid Illinois
trapping license.
    A youth licensed under this Section shall not trap or carry
a hunting device, including, but not limited to, a firearm, bow
and arrow, or crossbow unless the youth is accompanied by and
under the close personal supervision of an adult who is 21
years of age or older and has a valid Illinois trapping
license.
    The Department shall adopt rules for the administration of
the program, but shall not require any certificate of
competency or other trapping education as a condition of the
Youth Hunting and Trapping License. If a youth has a valid
certificate of competency for trapping from a trapper safety
course approved by the Department, then he or she is exempt
from the supervision requirements for youth trappers in this
Section.
(Source: P.A. 99-78, eff. 7-20-15; 99-307, eff. 1-1-16; 99-868,
eff. 1-1-17; 100-638, eff. 1-1-19; 100-691, eff. 1-1-19;
revised 10-18-18.)
 
    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
    Sec. 3.2. Hunting license; application; instruction.
Before the Department or any county, city, village, township,
incorporated town clerk or his duly designated agent or any
other person authorized or designated by the Department to
issue hunting licenses shall issue a hunting license to any
person, the person shall file his application with the
Department or other party authorized to issue licenses on a
form provided by the Department and further give definite proof
of identity and place of legal residence. Each clerk
designating agents to issue licenses and stamps shall furnish
the Department, within 10 days following the appointment, the
names and mailing addresses of the agents. Each clerk or his
duly designated agent shall be authorized to sell licenses and
stamps only within the territorial area for which he was
elected or appointed. No duly designated agent is authorized to
furnish licenses or stamps for issuance by any other business
establishment. Each application shall be executed and sworn to
and shall set forth the name and description of the applicant
and place of residence.
    No hunting license shall be issued to any person born on or
after January 1, 1980 unless he presents the person authorized
to issue the license evidence that he has held a hunting
license issued by the State of Illinois or another state in a
prior year, or a certificate of competency as provided in this
Section. Persons under 18 years of age may be issued a Lifetime
Hunting or Sportsmen's Combination License as provided under
Section 20-45 of the Fish and Aquatic Life Code but shall not
be entitled to hunt alone, without the supervision of an adult
age 21 or older order, unless they have a certificate of
competency as provided in this Section and the certificate is
in their possession while hunting.
    The Department of Natural Resources shall authorize
personnel of the Department or certified volunteer instructors
to conduct courses, of not less than 10 hours in length, in
firearms and hunter safety, which may include training in bow
and arrow safety, at regularly specified intervals throughout
the State. Persons successfully completing the course shall
receive a certificate of competency. The Department of Natural
Resources may further cooperate with any reputable association
or organization in establishing courses if the organization has
as one of its objectives the promotion of safety in the
handling of firearms or bow and arrow.
    The Department of Natural Resources shall designate any
person found by it to be competent to give instruction in the
handling of firearms, hunter safety, and bow and arrow. The
persons so appointed shall give the course of instruction and
upon the successful completion shall issue to the person
instructed a certificate of competency in the safe handling of
firearms, hunter safety, and bow and arrow. No charge shall be
made for any course of instruction except for materials or
ammunition consumed. The Department of Natural Resources shall
furnish information on the requirements of hunter safety
education programs to be distributed free of charge to
applicants for hunting licenses by the persons appointed and
authorized to issue licenses. Funds for the conducting of
firearms and hunter safety courses shall be taken from the fee
charged for the Firearm Owners Identification Card.
    The fee for a hunting license to hunt all species for a
resident of Illinois is $12. For residents age 65 or older,
and, commencing with the 2012 license year, resident veterans
of the United States Armed Forces after returning from service
abroad or mobilization by the President of the United States,
the fee is one-half of the fee charged for a hunting license to
hunt all species for a resident of Illinois. Veterans must
provide to the Department, at one of the Department's 5
regional offices, verification of their service. The
Department shall establish what constitutes suitable
verification of service for the purpose of issuing resident
veterans hunting licenses at a reduced fee. The fee for a
hunting license to hunt all species shall be $1 for residents
over 75 years of age. Nonresidents shall be charged $57 for a
hunting license.
    Nonresidents may be issued a nonresident hunting license
for a period not to exceed 10 consecutive days' hunting in the
State and shall be charged a fee of $35.
    A special nonresident hunting license authorizing a
nonresident to take game birds by hunting on a game breeding
and hunting preserve area only, established under Section 3.27,
shall be issued upon proper application being made and payment
of a fee equal to that for a resident hunting license. The
expiration date of this license shall be on the same date each
year that game breeding and hunting preserve area licenses
expire.
    Each applicant for a State Migratory Waterfowl Stamp,
regardless of his residence or other condition, shall pay a fee
of $15 and shall receive a stamp. The fee for a State Migratory
Waterfowl Stamp shall be waived for residents over 75 years of
age. Except as provided under Section 20-45 of the Fish and
Aquatic Life Code, the stamp shall be signed by the person or
affixed to his license or permit in a space designated by the
Department for that purpose.
    Each applicant for a State Habitat Stamp, regardless of his
residence or other condition, shall pay a fee of $5 and shall
receive a stamp. The fee for a State Habitat Stamp shall be
waived for residents over 75 years of age. Except as provided
under Section 20-45 of the Fish and Aquatic Life Code, the
stamp shall be signed by the person or affixed to his license
or permit in a space designated by the Department for that
purpose.
    Nothing in this Section shall be construed as to require
the purchase of more than one State Habitat Stamp by any person
in any one license year.
    The fees for State Pheasant Stamps and State Furbearer
Stamps shall be waived for residents over 75 years of age.
    The Department shall furnish the holders of hunting
licenses and stamps with an insignia as evidence of possession
of license, or license and stamp, as the Department may
consider advisable. The insignia shall be exhibited and used as
the Department may order.
    All other hunting licenses and all State stamps shall
expire upon March 31 of each year.
    Every person holding any license, permit, or stamp issued
under the provisions of this Act shall have it in his
possession for immediate presentation for inspection to the
officers and authorized employees of the Department, any
sheriff, deputy sheriff, or any other peace officer making a
demand for it. This provision shall not apply to Department
owned or managed sites where it is required that all hunters
deposit their license, permit, or Firearm Owner's
Identification Card at the check station upon entering the
hunting areas.
(Source: P.A. 100-638, eff. 1-1-19; revised 10-3-18.)
 
    (520 ILCS 5/3.3)  (from Ch. 61, par. 3.3)
    Sec. 3.3. Trapping license required. Before any person
shall trap any of the mammals protected by this Act, for which
an open trapping season has been established, he shall first
procure a trapping license from the Department to do so. No
traps shall be placed in the field, set or unset, prior to the
opening day of the trapping season.
    Traps used in the taking of such mammals shall be marked or
tagged with metal tags or inscribed in lettering giving the
name and address of the owner or the customer identification
number issued by the Department, and absence of such mark or
tag shall be prima facie evidence that such trap or traps are
illegally used and the trap or traps shall be confiscated and
disposed of as directed by the Department.
    Before any person 18 years of age or older shall trap,
attempt to trap, or sell the green hides of any mammal of the
species defined as fur-bearing mammals by Section 2.2 for which
an open season is established under this Act, he shall first
have procured a State Habitat Stamp.
    Beginning January 1, 2016, no trapping license shall be
issued to any person born on or after January 1, 1998 unless he
or she presents to the authorized issuer of the license
evidence that he or she has a certificate of competency
provided for in this Section.
    The Department of Natural Resources shall authorize
personnel of the Department, or volunteer instructors, found by
the Department to be competent, to provide instruction in
courses on trapping techniques and ethical trapping behavior as
needed throughout the State, which courses shall be at least 8
hours in length. Persons so authorized shall provide
instruction in such courses to individuals at no charge, and
shall issue to individuals successfully completing such
courses certificates of competency in basic trapping
techniques. The Department shall cooperate in establishing
such courses with any reputable association or organization
which has as one of its objectives the promotion of the ethical
use of legal fur harvesting devices and techniques. The
Department shall furnish information on the requirements of the
trapper education program to be distributed free of charge to
applicants for trapping licenses by the persons appointed and
authorized to issue licenses.
    The owners residing on, or bona fide tenants of farm lands,
and their children actually residing on such lands, shall have
the right to trap mammals protected by this Act, for which an
open trapping season has been established, upon such lands,
without procuring licenses, provided that such mammals are
taken during the periods of time and with such devices as are
permitted by this Act.
(Source: P.A. 99-868, eff. 1-1-17; 100-638, eff. 1-1-19;
100-964, eff. 8-19-18; revised 10-9-18.)
 
    Section 665. The Pollinator Friendly Solar Site Act is
amended by changing Sections 1 and 15 as follows:
 
    (525 ILCS 55/1)
    Sec. 1. Short title. This Act may be cited as the
Pollinator-Friendly Pollinator Friendly Solar Site Act.
(Source: P.A. 100-1022, eff. 8-21-18; revised 10-3-18.)
 
    (525 ILCS 55/15)
    Sec. 15. Recognition of beneficial habitat. An owner or
manager of a solar site with a generating capacity of more than
40 kilowatts implementing site management practices under this
Act may claim that the site is "pollinator-friendly" or
provides benefits to game birds, songbirds, and pollinators
only if the site adheres to guidance set forth by the
pollinator-friendly pollinator friendly scorecard published by
the Department in consultation with the University of Illinois,
Department of Entomology. The scorecard shall be posted on the
Department's website on or before 6 months after the effective
date of this Act. An owner making a beneficial habitat claim
shall make the solar site's pollinator scorecard, and where
available, related vegetation management plans, available to
the public and provide a copy to the Department and a nonprofit
solar industry trade association of this State.
(Source: P.A. 100-1022, eff. 8-21-18; revised 10-3-18.)
 
    Section 670. The Illinois Vehicle Code is amended by
changing Sections 2-123, 3-117.1, 3-808.1, 3-815, 6-109,
6-118, 6-303, 6-525, 8-101, 11-501.01, 11-501.7, 12-610.2,
12-806a, 15-301, 18c-1304, 18c-4502, and 18c-7401 and by
setting forth and renumbering multiple versions of Section
3-699.15 as follows:
 
    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
    Sec. 2-123. Sale and distribution of information.
    (a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, and all other governmental units of the State and
Federal Government requesting them for governmental purposes.
The Secretary shall require any such applicant for services to
pay for the costs of furnishing such services and the use of
the equipment involved, and in addition is empowered to
establish prices and charges for the services so furnished and
for the use of the electronic equipment utilized.
    (b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed in
subsection (a) of this Section, vehicle or driver data on a
computer tape, disk, other electronic format or computer
processable medium, or printout at a fixed fee of $250 for
orders received before October 1, 2003 and $500 for orders
received on or after October 1, 2003, in advance, and require
in addition a further sufficient deposit based upon the
Secretary of State's estimate of the total cost of the
information requested and a charge of $25 for orders received
before October 1, 2003 and $50 for orders received on or after
October 1, 2003, per 1,000 units or part thereof identified or
the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional
deposit and the actual cost of the request. This service shall
not be in lieu of an abstract of a driver's record nor of a
title or registration search. This service may be limited to
entities purchasing a minimum number of records as required by
administrative rule. The information sold pursuant to this
subsection shall be the entire vehicle or driver data list, or
part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless
the information is to be used for one of the purposes
identified in subsection (f-5) of this Section. Commercial
purchasers of driver and vehicle record databases shall enter
into a written agreement with the Secretary of State that
includes disclosure of the commercial use of the information to
be purchased.
    (b-1) The Secretary is further empowered to and may, in his
or her discretion, furnish vehicle or driver data on a computer
tape, disk, or other electronic format or computer processible
medium, at no fee, to any State or local governmental agency
that uses the information provided by the Secretary to transmit
data back to the Secretary that enables the Secretary to
maintain accurate driving records, including dispositions of
traffic cases. This information may be provided without fee not
more often than once every 6 months.
    (c) Secretary of State may issue registration lists. The
Secretary of State may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged
serially according to the registration numbers assigned to
registered vehicles and may contain in addition the names and
addresses of registered owners and a brief description of each
vehicle including the serial or other identifying number
thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the
purposes intended.
    (d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee of $500 each or at the cost of
producing the list as determined by the Secretary of State.
Such lists are to be used for governmental purposes only.
    (e) (Blank).
    (e-1) (Blank).
    (f) The Secretary of State shall make a title or
registration search of the records of his office and a written
report on the same for any person, upon written application of
such person, accompanied by a fee of $5 for each registration
or title search. The written application shall set forth the
intended use of the requested information. No fee shall be
charged for a title or registration search, or for the
certification thereof requested by a government agency. The
report of the title or registration search shall not contain
personally identifying information unless the request for a
search was made for one of the purposes identified in
subsection (f-5) of this Section. The report of the title or
registration search shall not contain highly restricted
personal information unless specifically authorized by this
Code.
    The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $5 in addition to the fee required for a
title or registration search. Certification shall be made under
the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
    The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
    No information shall be released to the requester requestor
until expiration of a 10-day 10 day period. This 10-day 10 day
period shall not apply to requests for information made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private detective
or firms licensed as a private detective agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004, who are employed
by or are acting on behalf of law enforcement officials,
government agencies, financial institutions, attorneys,
insurers, employers, automobile associated businesses, and
other business entities for purposes consistent with the
Illinois Vehicle Code, the vehicle owner or registrant or other
entities as the Secretary may exempt by rule and regulation.
    Any misrepresentation made by a requester requestor of
title or vehicle information shall be punishable as a petty
offense, except in the case of persons licensed as a private
detective or firms licensed as a private detective agency which
shall be subject to disciplinary sanctions under Section 40-10
of the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
    (f-5) The Secretary of State shall not disclose or
otherwise make available to any person or entity any personally
identifying information obtained by the Secretary of State in
connection with a driver's license, vehicle, or title
registration record unless the information is disclosed for one
of the following purposes:
        (1) For use by any government agency, including any
    court or law enforcement agency, in carrying out its
    functions, or any private person or entity acting on behalf
    of a federal, State, or local agency in carrying out its
    functions.
        (2) For use in connection with matters of motor vehicle
    or driver safety and theft; motor vehicle emissions; motor
    vehicle product alterations, recalls, or advisories;
    performance monitoring of motor vehicles, motor vehicle
    parts, and dealers; and removal of non-owner records from
    the original owner records of motor vehicle manufacturers.
        (3) For use in the normal course of business by a
    legitimate business or its agents, employees, or
    contractors, but only:
            (A) to verify the accuracy of personal information
        submitted by an individual to the business or its
        agents, employees, or contractors; and
            (B) if such information as so submitted is not
        correct or is no longer correct, to obtain the correct
        information, but only for the purposes of preventing
        fraud by, pursuing legal remedies against, or
        recovering on a debt or security interest against, the
        individual.
        (4) For use in research activities and for use in
    producing statistical reports, if the personally
    identifying information is not published, redisclosed, or
    used to contact individuals.
        (5) For use in connection with any civil, criminal,
    administrative, or arbitral proceeding in any federal,
    State, or local court or agency or before any
    self-regulatory body, including the service of process,
    investigation in anticipation of litigation, and the
    execution or enforcement of judgments and orders, or
    pursuant to an order of a federal, State, or local court.
        (6) For use by any insurer or insurance support
    organization or by a self-insured entity or its agents,
    employees, or contractors in connection with claims
    investigation activities, antifraud activities, rating, or
    underwriting.
        (7) For use in providing notice to the owners of towed
    or impounded vehicles.
        (8) For use by any person licensed as a private
    detective or firm licensed as a private detective agency
    under the Private Detective, Private Alarm, Private
    Security, Fingerprint Vendor, and Locksmith Act of 2004,
    private investigative agency or security service licensed
    in Illinois for any purpose permitted under this
    subsection.
        (9) For use by an employer or its agent or insurer to
    obtain or verify information relating to a holder of a
    commercial driver's license that is required under chapter
    313 of title 49 of the United States Code.
        (10) For use in connection with the operation of
    private toll transportation facilities.
        (11) For use by any requester, if the requester
    demonstrates it has obtained the written consent of the
    individual to whom the information pertains.
        (12) For use by members of the news media, as defined
    in Section 1-148.5, for the purpose of newsgathering when
    the request relates to the operation of a motor vehicle or
    public safety.
        (13) For any other use specifically authorized by law,
    if that use is related to the operation of a motor vehicle
    or public safety.
    (f-6) The Secretary of State shall not disclose or
otherwise make available to any person or entity any highly
restricted personal information obtained by the Secretary of
State in connection with a driver's license, vehicle, or title
registration record unless specifically authorized by this
Code.
    (g) 1. The Secretary of State may, upon receipt of a
written request and a fee as set forth in Section 6-118,
furnish to the person or agency so requesting a driver's record
or data contained therein. Such document may include a record
of: current driver's license issuance information, except that
the information on judicial driving permits shall be available
only as otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's license
or privilege; and notations of accident involvement. All other
information, unless otherwise permitted by this Code, shall
remain confidential. Information released pursuant to a
request for a driver's record shall not contain personally
identifying information, unless the request for the driver's
record was made for one of the purposes set forth in subsection
(f-5) of this Section. The Secretary of State may, without fee,
allow a parent or guardian of a person under the age of 18
years, who holds an instruction permit or graduated driver's
license, to view that person's driving record online, through a
computer connection. The parent or guardian's online access to
the driving record will terminate when the instruction permit
or graduated driver's license holder reaches the age of 18.
    2. The Secretary of State shall not disclose or otherwise
make available to any person or entity any highly restricted
personal information obtained by the Secretary of State in
connection with a driver's license, vehicle, or title
registration record unless specifically authorized by this
Code. The Secretary of State may certify an abstract of a
driver's record upon written request therefor. Such
certification shall be made under the signature of the
Secretary of State and shall be authenticated by the Seal of
his office.
    3. All requests for driving record information shall be
made in a manner prescribed by the Secretary and shall set
forth the intended use of the requested information.
    The Secretary of State may notify the affected driver of
the request for purchase of his driver's record as the
Secretary deems appropriate.
    No information shall be released to the requester until
expiration of a 10-day 10 day period. This 10-day 10 day period
shall not apply to requests for information made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private detective
or firms licensed as a private detective agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004, who are employed
by or are acting on behalf of law enforcement officials,
government agencies, financial institutions, attorneys,
insurers, employers, automobile associated businesses, and
other business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver or other entities as
the Secretary may exempt by rule and regulation.
    Any misrepresentation made by a requester requestor of
driver information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall be
subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
    4. The Secretary of State may furnish without fee, upon the
written request of a law enforcement agency, any information
from a driver's record on file with the Secretary of State when
such information is required in the enforcement of this Code or
any other law relating to the operation of motor vehicles,
including records of dispositions; documented information
involving the use of a motor vehicle; whether such individual
has, or previously had, a driver's license; and the address and
personal description as reflected on said driver's record.
    5. Except as otherwise provided in this Section, the
Secretary of State may furnish, without fee, information from
an individual driver's record on file, if a written request
therefor is submitted by any public transit system or
authority, public defender, law enforcement agency, a state or
federal agency, or an Illinois local intergovernmental
association, if the request is for the purpose of a background
check of applicants for employment with the requesting agency,
or for the purpose of an official investigation conducted by
the agency, or to determine a current address for the driver so
public funds can be recovered or paid to the driver, or for any
other purpose set forth in subsection (f-5) of this Section.
    The Secretary may also furnish the courts a copy of an
abstract of a driver's record, without fee, subsequent to an
arrest for a violation of Section 11-501 or a similar provision
of a local ordinance. Such abstract may include records of
dispositions; documented information involving the use of a
motor vehicle as contained in the current file; whether such
individual has, or previously had, a driver's license; and the
address and personal description as reflected on said driver's
record.
    6. Any certified abstract issued by the Secretary of State
or transmitted electronically by the Secretary of State
pursuant to this Section, to a court or on request of a law
enforcement agency, for the record of a named person as to the
status of the person's driver's license shall be prima facie
evidence of the facts therein stated and if the name appearing
in such abstract is the same as that of a person named in an
information or warrant, such abstract shall be prima facie
evidence that the person named in such information or warrant
is the same person as the person named in such abstract and
shall be admissible for any prosecution under this Code and be
admitted as proof of any prior conviction or proof of records,
notices, or orders recorded on individual driving records
maintained by the Secretary of State.
    7. Subject to any restrictions contained in the Juvenile
Court Act of 1987, and upon receipt of a proper request and a
fee as set forth in Section 6-118, the Secretary of State shall
provide a driver's record or data contained therein to the
affected driver, or the affected driver's attorney, upon
verification. Such record shall contain all the information
referred to in paragraph 1 of this subsection (g) plus: any
recorded accident involvement as a driver; information
recorded pursuant to subsection (e) of Section 6-117 and
paragraph (4) of subsection (a) of Section 6-204 of this Code.
All other information, unless otherwise permitted by this Code,
shall remain confidential.
    (h) The Secretary shall not disclose social security
numbers or any associated information obtained from the Social
Security Administration except pursuant to a written request
by, or with the prior written consent of, the individual
except: (1) to officers and employees of the Secretary who have
a need to know the social security numbers in performance of
their official duties, (2) to law enforcement officials for a
lawful, civil or criminal law enforcement investigation, and if
the head of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, (3) to the United States Department of Transportation,
or any other State, pursuant to the administration and
enforcement of the Commercial Motor Vehicle Safety Act of 1986,
(4) pursuant to the order of a court of competent jurisdiction,
(5) to the Department of Healthcare and Family Services
(formerly Department of Public Aid) for utilization in the
child support enforcement duties assigned to that Department
under provisions of the Illinois Public Aid Code after the
individual has received advanced meaningful notification of
what redisclosure is sought by the Secretary in accordance with
the federal Privacy Act, (5.5) to the Department of Healthcare
and Family Services and the Department of Human Services solely
for the purpose of verifying Illinois residency where such
residency is an eligibility requirement for benefits under the
Illinois Public Aid Code or any other health benefit program
administered by the Department of Healthcare and Family
Services or the Department of Human Services, (6) to the
Illinois Department of Revenue solely for use by the Department
in the collection of any tax or debt that the Department of
Revenue is authorized or required by law to collect, provided
that the Department shall not disclose the social security
number to any person or entity outside of the Department, or
(7) to the Illinois Department of Veterans' Affairs for the
purpose of confirming veteran status.
    (i) (Blank).
    (j) Medical statements or medical reports received in the
Secretary of State's Office shall be confidential. Except as
provided in this Section, no confidential information may be
open to public inspection or the contents disclosed to anyone,
except officers and employees of the Secretary who have a need
to know the information contained in the medical reports and
the Driver License Medical Advisory Board, unless so directed
by an order of a court of competent jurisdiction. If the
Secretary receives a medical report regarding a driver that
does not address a medical condition contained in a previous
medical report, the Secretary may disclose the unaddressed
medical condition to the driver or his or her physician, or
both, solely for the purpose of submission of a medical report
that addresses the condition.
    (k) Disbursement of fees collected under this Section shall
be as follows: (1) of the $12 fee for a driver's record, $3
shall be paid into the Secretary of State Special Services
Fund, and $6 shall be paid into the General Revenue Fund; (2)
50% of the amounts collected under subsection (b) shall be paid
into the General Revenue Fund; and (3) all remaining fees shall
be disbursed under subsection (g) of Section 2-119 of this
Code.
    (l) (Blank).
    (m) Notations of accident involvement that may be disclosed
under this Section shall not include notations relating to
damage to a vehicle or other property being transported by a
tow truck. This information shall remain confidential,
provided that nothing in this subsection (m) shall limit
disclosure of any notification of accident involvement to any
law enforcement agency or official.
    (n) Requests made by the news media for driver's license,
vehicle, or title registration information may be furnished
without charge or at a reduced charge, as determined by the
Secretary, when the specific purpose for requesting the
documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal
purpose of the request is to access and disseminate information
regarding the health, safety, and welfare or the legal rights
of the general public and is not for the principal purpose of
gaining a personal or commercial benefit. The information
provided pursuant to this subsection shall not contain
personally identifying information unless the information is
to be used for one of the purposes identified in subsection
(f-5) of this Section.
    (o) The redisclosure of personally identifying information
obtained pursuant to this Section is prohibited, except to the
extent necessary to effectuate the purpose for which the
original disclosure of the information was permitted.
    (p) The Secretary of State is empowered to adopt rules to
effectuate this Section.
(Source: P.A. 99-127, eff. 1-1-16; 100-590, eff. 6-8-18;
revised 10-11-18.)
 
    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
    Sec. 3-117.1. When junking certificates or salvage
certificates must be obtained.
    (a) Except as provided in Chapter 4 and Section 3-117.3 of
this Code, a person who possesses a junk vehicle shall within
15 days cause the certificate of title, salvage certificate,
certificate of purchase, or a similarly acceptable
out-of-state out of state document of ownership to be
surrendered to the Secretary of State along with an application
for a junking certificate, except as provided in Section
3-117.2, whereupon the Secretary of State shall issue to such a
person a junking certificate, which shall authorize the holder
thereof to possess, transport, or, by an endorsement, transfer
ownership in such junked vehicle, and a certificate of title
shall not again be issued for such vehicle. The owner of a junk
vehicle is not required to surrender the certificate of title
under this subsection if (i) there is no lienholder on the
certificate of title or (ii) the owner of the junk vehicle has
a valid lien release from the lienholder releasing all interest
in the vehicle and the owner applying for the junk certificate
matches the current record on the certificate of title file for
the vehicle.
    A licensee who possesses a junk vehicle and a Certificate
of Title, Salvage Certificate, Certificate of Purchase, or a
similarly acceptable out-of-state document of ownership for
such junk vehicle, may transport the junk vehicle to another
licensee prior to applying for or obtaining a junking
certificate, by executing a uniform invoice. The licensee
transferor shall furnish a copy of the uniform invoice to the
licensee transferee at the time of transfer. In any case, the
licensee transferor shall apply for a junking certificate in
conformance with Section 3-117.1 of this Chapter. The following
information shall be contained on a uniform invoice:
        (1) The business name, address and dealer license
    number of the person disposing of the vehicle, junk vehicle
    or vehicle cowl;
        (2) The name and address of the person acquiring the
    vehicle, junk vehicle or vehicle cowl, and if that person
    is a dealer, the Illinois or out-of-state dealer license
    number of that dealer;
        (3) The date of the disposition of the vehicle, junk
    vehicle or vehicle cowl;
        (4) The year, make, model, color and description of
    each vehicle, junk vehicle or vehicle cowl disposed of by
    such person;
        (5) The manufacturer's vehicle identification number,
    Secretary of State identification number or Illinois
    Department of State Police number, for each vehicle, junk
    vehicle or vehicle cowl part disposed of by such person;
        (6) The printed name and legible signature of the
    person or agent disposing of the vehicle, junk vehicle or
    vehicle cowl; and
        (7) The printed name and legible signature of the
    person accepting delivery of the vehicle, junk vehicle or
    vehicle cowl.
    The Secretary of State may certify a junking manifest in a
form prescribed by the Secretary of State that reflects those
vehicles for which junking certificates have been applied or
issued. A junking manifest may be issued to any person and it
shall constitute evidence of ownership for the vehicle listed
upon it. A junking manifest may be transferred only to a person
licensed under Section 5-301 of this Code as a scrap processor.
A junking manifest will allow the transportation of those
vehicles to a scrap processor prior to receiving the junk
certificate from the Secretary of State.
    (b) An application for a salvage certificate shall be
submitted to the Secretary of State in any of the following
situations:
        (1) When an insurance company makes a payment of
    damages on a total loss claim for a vehicle, the insurance
    company shall be deemed to be the owner of such vehicle and
    the vehicle shall be considered to be salvage except that
    ownership of (i) a vehicle that has incurred only hail
    damage that does not affect the operational safety of the
    vehicle or (ii) any vehicle 9 model years of age or older
    may, by agreement between the registered owner and the
    insurance company, be retained by the registered owner of
    such vehicle. The insurance company shall promptly deliver
    or mail within 20 days the certificate of title along with
    proper application and fee to the Secretary of State, and a
    salvage certificate shall be issued in the name of the
    insurance company. Notwithstanding the foregoing, an
    insurer making payment of damages on a total loss claim for
    the theft of a vehicle shall not be required to apply for a
    salvage certificate unless the vehicle is recovered and has
    incurred damage that initially would have caused the
    vehicle to be declared a total loss by the insurer.
        (1.1) When a vehicle of a self-insured company is to be
    sold in the State of Illinois and has sustained damaged by
    collision, fire, theft, rust corrosion, or other means so
    that the self-insured company determines the vehicle to be
    a total loss, or if the cost of repairing the damage,
    including labor, would be greater than 70% of its fair
    market value without that damage, the vehicle shall be
    considered salvage. The self-insured company shall
    promptly deliver the certificate of title along with proper
    application and fee to the Secretary of State, and a
    salvage certificate shall be issued in the name of the
    self-insured company. A self-insured company making
    payment of damages on a total loss claim for the theft of a
    vehicle may exchange the salvage certificate for a
    certificate of title if the vehicle is recovered without
    damage. In such a situation, the self-insured shall fill
    out and sign a form prescribed by the Secretary of State
    which contains an affirmation under penalty of perjury that
    the vehicle was recovered without damage and the Secretary
    of State may, by rule, require photographs to be submitted.
        (2) When a vehicle the ownership of which has been
    transferred to any person through a certificate of purchase
    from acquisition of the vehicle at an auction, other
    dispositions as set forth in Sections 4-208 and 4-209 of
    this Code, or a lien arising under Section 18a-501 of this
    Code shall be deemed salvage or junk at the option of the
    purchaser. The person acquiring such vehicle in such manner
    shall promptly deliver or mail, within 20 days after the
    acquisition of the vehicle, the certificate of purchase,
    the proper application and fee, and, if the vehicle is an
    abandoned mobile home under the Abandoned Mobile Home Act,
    a certification from a local law enforcement agency that
    the vehicle was purchased or acquired at a public sale
    under the Abandoned Mobile Home Act to the Secretary of
    State and a salvage certificate or junking certificate
    shall be issued in the name of that person. The salvage
    certificate or junking certificate issued by the Secretary
    of State under this Section shall be free of any lien that
    existed against the vehicle prior to the time the vehicle
    was acquired by the applicant under this Code.
        (3) A vehicle which has been repossessed by a
    lienholder shall be considered to be salvage only when the
    repossessed vehicle, on the date of repossession by the
    lienholder, has sustained damage by collision, fire,
    theft, rust corrosion, or other means so that the cost of
    repairing such damage, including labor, would be greater
    than 33 1/3% of its fair market value without such damage.
    If the lienholder determines that such vehicle is damaged
    in excess of 33 1/3% of such fair market value, the
    lienholder shall, before sale, transfer or assignment of
    the vehicle, make application for a salvage certificate,
    and shall submit with such application the proper fee and
    evidence of possession. If the facts required to be shown
    in subsection (f) of Section 3-114 are satisfied, the
    Secretary of State shall issue a salvage certificate in the
    name of the lienholder making the application. In any case
    wherein the vehicle repossessed is not damaged in excess of
    33 1/3% of its fair market value, the lienholder shall
    comply with the requirements of subsections (f), (f-5), and
    (f-10) of Section 3-114, except that the affidavit of
    repossession made by or on behalf of the lienholder shall
    also contain an affirmation under penalty of perjury that
    the vehicle on the date of sale is not damaged in excess of
    33 1/3% of its fair market value. If the facts required to
    be shown in subsection (f) of Section 3-114 are satisfied,
    the Secretary of State shall issue a certificate of title
    as set forth in Section 3-116 of this Code. The Secretary
    of State may by rule or regulation require photographs to
    be submitted.
        (4) A vehicle which is a part of a fleet of more than 5
    commercial vehicles registered in this State or any other
    state or registered proportionately among several states
    shall be considered to be salvage when such vehicle has
    sustained damage by collision, fire, theft, rust,
    corrosion or similar means so that the cost of repairing
    such damage, including labor, would be greater than 33 1/3%
    of the fair market value of the vehicle without such
    damage. If the owner of a fleet vehicle desires to sell,
    transfer, or assign his interest in such vehicle to a
    person within this State other than an insurance company
    licensed to do business within this State, and the owner
    determines that such vehicle, at the time of the proposed
    sale, transfer or assignment is damaged in excess of 33
    1/3% of its fair market value, the owner shall, before such
    sale, transfer or assignment, make application for a
    salvage certificate. The application shall contain with it
    evidence of possession of the vehicle. If the fleet vehicle
    at the time of its sale, transfer, or assignment is not
    damaged in excess of 33 1/3% of its fair market value, the
    owner shall so state in a written affirmation on a form
    prescribed by the Secretary of State by rule or regulation.
    The Secretary of State may by rule or regulation require
    photographs to be submitted. Upon sale, transfer or
    assignment of the fleet vehicle the owner shall mail the
    affirmation to the Secretary of State.
        (5) A vehicle that has been submerged in water to the
    point that rising water has reached over the door sill and
    has entered the passenger or trunk compartment is a "flood
    vehicle". A flood vehicle shall be considered to be salvage
    only if the vehicle has sustained damage so that the cost
    of repairing the damage, including labor, would be greater
    than 33 1/3% of the fair market value of the vehicle
    without that damage. The salvage certificate issued under
    this Section shall indicate the word "flood", and the word
    "flood" shall be conspicuously entered on subsequent
    titles for the vehicle. A person who possesses or acquires
    a flood vehicle that is not damaged in excess of 33 1/3% of
    its fair market value shall make application for title in
    accordance with Section 3-116 of this Code, designating the
    vehicle as "flood" in a manner prescribed by the Secretary
    of State. The certificate of title issued shall indicate
    the word "flood", and the word "flood" shall be
    conspicuously entered on subsequent titles for the
    vehicle.
        (6) When any licensed rebuilder, repairer, new or used
    vehicle dealer, or remittance agent has submitted an
    application for title to a vehicle (other than an
    application for title to a rebuilt vehicle) that he or she
    knows or reasonably should have known to have sustained
    damages in excess of 33 1/3% of the vehicle's fair market
    value without that damage; provided, however, that any
    application for a salvage certificate for a vehicle
    recovered from theft and acquired from an insurance company
    shall be made as required by paragraph (1) of this
    subsection (b).
    (c) Any person who without authority acquires, sells,
exchanges, gives away, transfers or destroys or offers to
acquire, sell, exchange, give away, transfer or destroy the
certificate of title to any vehicle which is a junk or salvage
vehicle shall be guilty of a Class 3 felony.
    (d) Except as provided under subsection (a), any person who
knowingly fails to surrender to the Secretary of State a
certificate of title, salvage certificate, certificate of
purchase or a similarly acceptable out-of-state document of
ownership as required under the provisions of this Section is
guilty of a Class A misdemeanor for a first offense and a Class
4 felony for a subsequent offense; except that a person
licensed under this Code who violates paragraph (5) of
subsection (b) of this Section is guilty of a business offense
and shall be fined not less than $1,000 nor more than $5,000
for a first offense and is guilty of a Class 4 felony for a
second or subsequent violation.
    (e) Any vehicle which is salvage or junk may not be driven
or operated on roads and highways within this State. A
violation of this subsection is a Class A misdemeanor. A
salvage vehicle displaying valid special plates issued under
Section 3-601(b) of this Code, which is being driven to or from
an inspection conducted under Section 3-308 of this Code, is
exempt from the provisions of this subsection. A salvage
vehicle for which a short term permit has been issued under
Section 3-307 of this Code is exempt from the provisions of
this subsection for the duration of the permit.
(Source: P.A. 99-932, eff. 6-1-17; 100-104, eff. 11-9-17;
100-956, eff. 1-1-19; 100-1083, eff. 1-1-19; revised
10-11-18.)
 
    (625 ILCS 5/3-699.15)
    Sec. 3-699.15. Coast Guard license plates.
    (a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue special registration plates designated as U.S.
Coast Guard plates. The special plates issued under this
Section shall be affixed only to passenger vehicles of the
first division or motor vehicles of the second division
weighing not more than 8,000 pounds. Plates under this Section
shall expire according to the multi-year procedure established
by Section 3-414.1 of this Code.
    (b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall accompany
each application.
    (c) An applicant shall be charged a $26 fee for the
original issuance in addition to the appropriate registration
fee, if applicable. Of this fee, $11 shall be deposited into
the Illinois Veterans' Homes Fund and $15 shall be deposited
into the Secretary of State Special License Plate Fund. For
each registration renewal period, a $26 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee,
$24 shall be deposited into the Illinois Veterans' Homes Fund
and $2 shall be deposited into the Secretary of State Special
License Plate Fund.
(Source: P.A. 100-73, eff. 1-1-18.)
 
    (625 ILCS 5/3-699.16)
    Sec. 3-699.16 3-699.15. Operation Desert Shield/Desert
Storm license plates.
    (a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary, may issue special
registration plates designated as Operation Desert
Shield/Desert Storm license plates to any Illinois resident who
has earned the Southwest Asia Service Medal from the United
States Armed Forces. The special plates issued under this
Section may be affixed only to passenger vehicles of the first
division, motorcycles, or motor vehicles of the second division
weighing not more than 8,000 pounds. Plates issued under this
Section shall expire according to the staggered multi-year
procedure established by Section 3-414.1 of this Code.
    (b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, and the
appropriate registration fee shall accompany the application.
The Secretary may, in his or her discretion, allow the plates
to be issued as vanity plates or personalized in accordance
with Section 3-405.1 of this Code. The plates are not required
to designate "Land of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code. The Secretary shall, in his or
her discretion, approve and prescribe stickers or decals as
provided under Section 3-412.
(Source: P.A. 100-820, eff. 8-13-18; revised 10-22-18.)
 
    (625 ILCS 5/3-808.1)  (from Ch. 95 1/2, par. 3-808.1)
    Sec. 3-808.1. Permanent vehicle registration plate.
    (a) Permanent vehicle registration plates shall be issued,
at no charge, to the following:
        1. Vehicles, other than medical transport vehicles,
    owned and operated by the State of Illinois or by any State
    agency financed by funds appropriated by the General
    Assembly;
        2. Special disability plates issued to vehicles owned
    and operated by the State of Illinois or by any State
    agency financed by funds appropriated by the General
    Assembly.
    (b) Permanent vehicle registration plates shall be issued,
for a one-time one time fee of $8.00, to the following:
        1. Vehicles, other than medical transport vehicles,
    operated by or for any county, township or municipal
    corporation.
        2. Vehicles owned by counties, townships or municipal
    corporations for persons with disabilities.
        3. Beginning with the 1991 registration year,
    county-owned vehicles operated by or for any county sheriff
    and designated deputy sheriffs. These registration plates
    shall contain the specific county code and unit number.
        4. All-terrain vehicles owned by counties, townships,
    or municipal corporations and used for law enforcement
    purposes when the Manufacturer's Statement of Origin is
    accompanied with a letter from the original manufacturer or
    a manufacturer's franchised dealer stating that this
    all-terrain vehicle has been converted to a street worthy
    vehicle that meets the equipment requirements set forth in
    Chapter 12 of this Code.
        5. Beginning with the 2001 registration year,
    municipally owned municipally-owned vehicles operated by
    or for any police department. These registration plates
    shall contain the designation "municipal police" and shall
    be numbered and distributed as prescribed by the Secretary
    of State.
        6. Beginning with the 2014 registration year,
    municipally owned, fire district owned, or Mutual Aid Box
    Alarm System (MABAS) owned vehicles operated by or for any
    fire department, fire protection district, or MABAS. These
    registration plates shall display the designation "Fire
    Department" and shall display the specific fire
    department, fire district, fire unit, or MABAS division
    number or letter.
        7. Beginning with the 2017 registration year, vehicles
    that do not require a school bus driver permit under
    Section 6-104 to operate and are not registered under
    Section 3-617 of this Code, and are owned by a public
    school district from grades K-12 or a public community
    college.
        8. Beginning with the 2017 registration year, vehicles
    of the first division or vehicles of the second division
    weighing not more than 8,000 pounds that are owned by a
    medical facility or hospital of a municipality, county, or
    township.
        9. Beginning with the 2020 registration year, 2-axle
    motor vehicles that (i) are designed and used as buses in a
    public system for transporting more than 10 passengers;
    (ii) are used as common carriers in the general
    transportation of passengers and not devoted to any
    specialized purpose; (iii) operate entirely within the
    territorial limits of a single municipality or a single
    municipality and contiguous municipalities; and (iv) are
    subject to the regulation of the Illinois Commerce
    Commission. The owner of a vehicle under this paragraph is
    exempt from paying a flat weight tax or a mileage weight
    tax under this Code.
    (b-5) Beginning with the 2016 registration year, permanent
vehicle registration plates shall be issued for a one-time fee
of $8.00 to a county, township, or municipal corporation that
owns or operates vehicles used for the purpose of community
workplace commuting as defined by the Secretary of State by
administrative rule. The design and color of the plates shall
be wholly within the discretion of the Secretary. The Secretary
of State may adopt rules to implement this subsection (b-5).
    (c) Beginning with the 2012 registration year,
county-owned vehicles operated by or for any county sheriff and
designated deputy sheriffs that have been issued registration
plates under subsection (b) of this Section shall be exempt
from any fee for the transfer of registration from one vehicle
to another vehicle. Each county sheriff shall report to the
Secretary of State any transfer of registration plates from one
vehicle to another vehicle operated by or for any county
sheriff and designated deputy sheriffs. The Secretary of State
shall adopt rules to implement this subsection (c).
    (c-5) Beginning with the 2014 registration year,
municipally owned, fire district owned, or Mutual Aid Box Alarm
System (MABAS) owned vehicles operated by or for any fire
department, fire protection district, or MABAS that have been
issued registration plates under subsection (b) of this Section
shall be exempt from any fee for the transfer of registration
from one vehicle to another vehicle. Each fire department, fire
protection district, of MABAS shall report to the Secretary of
State any transfer of registration plates from one vehicle to
another vehicle operated by or for any fire department, fire
protection district, or MABAS. The Secretary of State shall
adopt rules to implement this subsection.
    (d) Beginning with the 2013 registration year, municipally
owned municipally-owned vehicles operated by or for any police
department that have been issued registration plates under
subsection (b) of this Section shall be exempt from any fee for
the transfer of registration from one vehicle to another
vehicle. Each municipal police department shall report to the
Secretary of State any transfer of registration plates from one
vehicle to another vehicle operated by or for any municipal
police department. The Secretary of State shall adopt rules to
implement this subsection (d).
    (e) Beginning with the 2016 registration year, any vehicle
owned or operated by a county, township, or municipal
corporation that has been issued registration plates under this
Section is exempt from any fee for the transfer of registration
from one vehicle to another vehicle. Each county, township, or
municipal corporation shall report to the Secretary of State
any transfer of registration plates from one vehicle to another
vehicle operated by or for any county, township, or municipal
corporation.
    (f) Beginning with the 2020 registration year, any vehicle
owned or operated by a public school district from grades K-12,
a public community college, or a medical facility or hospital
of a municipality, county, or township that has been issued
registration plates under this Section is exempt from any fee
for the transfer of registration from one vehicle to another
vehicle. Each school district, public community college, or
medical facility or hospital shall report to the Secretary any
transfer of registration plates from one vehicle to another
vehicle operated by the school district, public community
college, or medical facility.
(Source: P.A. 99-166, eff. 7-28-15; 99-707, eff. 7-29-16;
100-956, eff. 1-1-19; revised 10-3-18.)
 
    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
    Sec. 3-815. Flat weight tax; vehicles of the second
division.
    (a) Except as provided in Section 3-806.3 and 3-804.3,
every owner of a vehicle of the second division registered
under Section 3-813, and not registered under the mileage
weight tax under Section 3-818, shall pay to the Secretary of
State, for each registration year, for the use of the public
highways, a flat weight tax at the rates set forth in the
following table, the rates including the $10 registration fee:
SCHEDULE OF FLAT WEIGHT TAX
REQUIRED BY LAW
Gross Weight in Lbs.Total Fees
Including Vehicle each Fiscal
and Maximum LoadClass year
8,000 lbs. and lessB$98
8,001 lbs. to 10,000 lbs. C 118
10,001 lbs. to 12,000 lbs.D138
12,001 lbs. to 16,000 lbs.F242
16,001 lbs. to 26,000 lbs.H490
26,001 lbs. to 28,000 lbs.J630
28,001 lbs. to 32,000 lbs.K842
32,001 lbs. to 36,000 lbs.L982
36,001 lbs. to 40,000 lbs.N1,202
40,001 lbs. to 45,000 lbs.P1,390
45,001 lbs. to 50,000 lbs.Q1,538
50,001 lbs. to 54,999 lbs.R1,698
55,000 lbs. to 59,500 lbs.S1,830
59,501 lbs. to 64,000 lbs.T1,970
64,001 lbs. to 73,280 lbs.V2,294
73,281 lbs. to 77,000 lbs.X2,622
77,001 lbs. to 80,000 lbs.Z2,790
    Beginning with the 2010 registration year a $1 surcharge
shall be collected for vehicles registered in the 8,000 lbs.
and less flat weight plate category above to be deposited into
the State Police Vehicle Fund.
    Beginning with the 2014 registration year, a $2 surcharge
shall be collected in addition to the above fees for vehicles
registered in the 8,000 lb. and less flat weight plate category
as described in this subsection (a) to be deposited into the
Park and Conservation Fund for the Department of Natural
Resources to use for conservation efforts. The monies deposited
into the Park and Conservation Fund under this Section shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
    All of the proceeds of the additional fees imposed by
Public Act 96-34 this amendatory Act of the 96th General
Assembly shall be deposited into the Capital Projects Fund.
    (a-1) A Special Hauling Vehicle is a vehicle or combination
of vehicles of the second division registered under Section
3-813 transporting asphalt or concrete in the plastic state or
a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (a) of Section 15-111
for which the owner of the vehicle or combination of vehicles
has elected to pay, in addition to the registration fee in
subsection (a), $125 to the Secretary of State for each
registration year. The Secretary shall designate this class of
vehicle as a Special Hauling Vehicle.
    (a-5) Beginning January 1, 2015, upon the request of the
vehicle owner, a $10 surcharge shall be collected in addition
to the above fees for vehicles in the 12,000 lbs. and less flat
weight plate categories as described in subsection (a) to be
deposited into the Secretary of State Special License Plate
Fund. The $10 surcharge is to identify vehicles in the 12,000
lbs. and less flat weight plate categories as a covered farm
vehicle. The $10 surcharge is an annual, flat fee that shall be
based on an applicant's new or existing registration year for
each vehicle in the 12,000 lbs. and less flat weight plate
categories. A designation as a covered farm vehicle under this
subsection (a-5) shall not alter a vehicle's registration as a
registration in the 12,000 lbs. or less flat weight category.
The Secretary shall adopt any rules necessary to implement this
subsection (a-5).
    (a-10) Beginning January 1, 2019, upon the request of the
vehicle owner, the Secretary of State shall collect a $10
surcharge in addition to the fees for second division vehicles
in the 8,000 lbs. and less flat weight plate category described
in subsection (a) that are issued a registration plate under
Article VI of this Chapter. The $10 surcharge shall be
deposited into the Secretary of State Special License Plate
Fund. The $10 surcharge is to identify a vehicle in the 8,000
lbs. and less flat weight plate category as a covered farm
vehicle. The $10 surcharge is an annual, flat fee that shall be
based on an applicant's new or existing registration year for
each vehicle in the 8,000 lbs. and less flat weight plate
category. A designation as a covered farm vehicle under this
subsection (a-10) shall not alter a vehicle's registration in
the 8,000 lbs. or less flat weight category. The Secretary
shall adopt any rules necessary to implement this subsection
(a-10).
    (b) Except as provided in Section 3-806.3, every camping
trailer, motor home, mini motor home, travel trailer, truck
camper or van camper used primarily for recreational purposes,
and not used commercially, nor for hire, nor owned by a
commercial business, may be registered for each registration
year upon the filing of a proper application and the payment of
a registration fee and highway use tax, according to the
following table of fees:
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
Gross Weight in Lbs.Total Fees
Including Vehicle andEach
Maximum LoadCalendar Year
8,000 lbs and less$78
8,001 Lbs. to 10,000 Lbs90
10,001 Lbs. and Over102
CAMPING TRAILER OR TRAVEL TRAILER
Gross Weight in Lbs.Total Fees
Including Vehicle andEach
Maximum LoadCalendar Year
3,000 Lbs. and Less$18
3,001 Lbs. to 8,000 Lbs.30
8,001 Lbs. to 10,000 Lbs.38
10,001 Lbs. and Over50
    Every house trailer must be registered under Section 3-819.
    (c) Farm Truck. Any truck used exclusively for the owner's
own agricultural, horticultural or livestock raising
operations and not-for-hire only, or any truck used only in the
transportation for-hire of seasonal, fresh, perishable fruit
or vegetables from farm to the point of first processing, may
be registered by the owner under this paragraph in lieu of
registration under paragraph (a), upon filing of a proper
application and the payment of the $10 registration fee and the
highway use tax herein specified as follows:
SCHEDULE OF FEES AND TAXES
Gross Weight in Lbs.Total Amount for
Including Truck andeach
Maximum LoadClassFiscal Year
16,000 lbs. or lessVF$150
16,001 to 20,000 lbs.VG226
20,001 to 24,000 lbs.VH290
24,001 to 28,000 lbs.VJ378
28,001 to 32,000 lbs.VK506
32,001 to 36,000 lbs.VL610
36,001 to 45,000 lbs.VP810
45,001 to 54,999 lbs.VR1,026
55,000 to 64,000 lbs.VT1,202
64,001 to 73,280 lbs.VV1,290
73,281 to 77,000 lbs.VX1,350
77,001 to 80,000 lbs.VZ1,490
    In the event the Secretary of State revokes a farm truck
registration as authorized by law, the owner shall pay the flat
weight tax due hereunder before operating such truck.
    Any combination of vehicles having 5 axles, with a distance
of 42 feet or less between extreme axles, that are subject to
the weight limitations in subsection (a) of Section 15-111 for
which the owner of the combination of vehicles has elected to
pay, in addition to the registration fee in subsection (c),
$125 to the Secretary of State for each registration year shall
be designated by the Secretary as a Special Hauling Vehicle.
    (d) The number of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
    (e) An owner may only apply for and receive 5 farm truck
registrations, and only 2 of those 5 vehicles shall exceed
59,500 gross weight in pounds per vehicle.
    (f) Every person convicted of violating this Section by
failure to pay the appropriate flat weight tax to the Secretary
of State as set forth in the above tables shall be punished as
provided for in Section 3-401.
(Source: P.A. 100-734, eff. 1-1-19; 100-956, eff. 1-1-19;
revised 10-15-18.)
 
    (625 ILCS 5/6-109)
    Sec. 6-109. Examination of Applicants.
    (a) The Secretary of State shall examine every applicant
for a driver's license or permit who has not been previously
licensed as a driver under the laws of this State or any other
state or country, or any applicant for renewal of such driver's
license or permit when such license or permit has been expired
for more than one year. The Secretary of State shall, subject
to the provisions of paragraph (c), examine every licensed
driver at least every 8 years, and may examine or re-examine
any other applicant or licensed driver, provided that during
the years 1984 through 1991 those drivers issued a license for
3 years may be re-examined not less than every 7 years or more
than every 10 years.
    The Secretary of State shall require the testing of the
eyesight of any driver's license or permit applicant who has
not been previously licensed as a driver under the laws of this
State and shall promulgate rules and regulations to provide for
the orderly administration of all the provisions of this
Section.
    The Secretary of State shall include at least one test
question that concerns the provisions of the Pedestrians with
Disabilities Safety Act in the question pool used for the
written portion of the driver's drivers license examination
within one year after July 22, 2010 (the effective date of
Public Act 96-1167).
    The Secretary of State shall include, in the question pool
used for the written portion of the driver's license
examination, test questions concerning safe driving in the
presence of bicycles, of which one may be concerning the Dutch
Reach method as described in Section 2-112.
    (b) Except as provided for those applicants in paragraph
(c), such examination shall include a test of the applicant's
eyesight, his or her ability to read and understand official
traffic control devices, his or her knowledge of safe driving
practices and the traffic laws of this State, and may include
an actual demonstration of the applicant's ability to exercise
ordinary and reasonable control of the operation of a motor
vehicle, and such further physical and mental examination as
the Secretary of State finds necessary to determine the
applicant's fitness to operate a motor vehicle safely on the
highways, except the examination of an applicant 75 years of
age or older shall include an actual demonstration of the
applicant's ability to exercise ordinary and reasonable
control of the operation of a motor vehicle. All portions of
written and verbal examinations under this Section, excepting
where the English language appears on facsimiles of road signs,
may be given in the Spanish language and, at the discretion of
the Secretary of State, in any other language as well as in
English upon request of the examinee. Deaf persons who are
otherwise qualified are not prohibited from being issued a
license, other than a commercial driver's license, under this
Code.
    (c) Re-examination for those applicants who at the time of
renewing their driver's license possess a driving record devoid
of any convictions of traffic violations or evidence of
committing an offense for which mandatory revocation would be
required upon conviction pursuant to Section 6-205 at the time
of renewal shall be in a manner prescribed by the Secretary in
order to determine an applicant's ability to safely operate a
motor vehicle, except that every applicant for the renewal of a
driver's license who is 75 years of age or older must prove, by
an actual demonstration, the applicant's ability to exercise
reasonable care in the safe operation of a motor vehicle.
    (d) In the event the applicant is not ineligible under the
provisions of Section 6-103 to receive a driver's license, the
Secretary of State shall make provision for giving an
examination, either in the county where the applicant resides
or at a place adjacent thereto reasonably convenient to the
applicant, within not more than 30 days from the date said
application is received.
    (e) The Secretary of State may adopt rules regarding the
use of foreign language interpreters during the application and
examination process.
(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19;
revised 10-3-18.)
 
    (625 ILCS 5/6-118)
    Sec. 6-118. Fees.
    (a) The fees fee for licenses and permits under this
Article are is as follows:
    Original driver's license.............................$30
    Original or renewal driver's license
        issued to 18, 19 and 20 year olds.................. 5
    All driver's licenses for persons
        age 69 through age 80.............................. 5
    All driver's licenses for persons
        age 81 through age 86.............................. 2
    All driver's licenses for persons
        age 87 or older.....................................0
    Renewal driver's license (except for
        applicants ages 18, 19 and 20 or
        age 69 and older)..................................30
    Original instruction permit issued to
        persons (except those age 69 and older)
        who do not hold or have not previously
        held an Illinois instruction permit or
        driver's license.................................. 20
    Instruction permit issued to any person
        holding an Illinois driver's license
        who wishes a change in classifications,
        other than at the time of renewal.................. 5
    Any instruction permit issued to a person
        age 69 and older................................... 5
    Instruction permit issued to any person,
        under age 69, not currently holding a
        valid Illinois driver's license or
        instruction permit but who has
        previously been issued either document
        in Illinois....................................... 10
    Restricted driving permit.............................. 8
    Monitoring device driving permit...................... 8
    Duplicate or corrected driver's license
        or permit.......................................... 5
    Duplicate or corrected restricted
        driving permit..................................... 5
    Duplicate or corrected monitoring
    device driving permit.................................. 5
    Duplicate driver's license or permit issued to
        an active-duty member of the
        United States Armed Forces,
        the member's spouse, or
        the dependent children living
        with the member................................... 0
    Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
        The fees for commercial driver licenses and permits
    under Article V shall be as follows:
    Commercial driver's license:
        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
        (Commercial Driver's License Information
        System/American Association of Motor Vehicle
        Administrators network/National Motor Vehicle
        Title Information Service Trust Fund);
        $20 for the Motor Carrier Safety Inspection Fund;
        $10 for the driver's license;
        and $24 for the CDL:............................. $60
    Renewal commercial driver's license:
        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
        $20 for the Motor Carrier Safety Inspection Fund;
        $10 for the driver's license; and
        $24 for the CDL:................................. $60
    Commercial learner's permit
        issued to any person holding a valid
        Illinois driver's license for the
        purpose of changing to a
        CDL classification: $6 for the
        CDLIS/AAMVAnet/NMVTIS Trust Fund;
        $20 for the Motor Carrier
        Safety Inspection Fund; and
        $24 for the CDL classification................... $50
    Commercial learner's permit
        issued to any person holding a valid
        Illinois CDL for the purpose of
        making a change in a classification,
        endorsement or restriction........................ $5
    CDL duplicate or corrected license.................... $5
    In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to prorate pro-rate the $24 fee
for the commercial driver's license proportionate to the
expiration date of the applicant's Illinois driver's license.
    The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
    The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
    No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
    The fee for a restricted driving permit under this
subsection (a) shall be imposed annually until the expiration
of the permit.
    (a-5) The fee for a driver's record or data contained
therein is $12.
    (b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
    Suspension under Section 3-707..................... $100
    Suspension under Section 11-1431....................$100
    Summary suspension under Section 11-501.1...........$250
    Suspension under Section 11-501.9...................$250
    Summary revocation under Section 11-501.1............$500
    Other suspension......................................$70
    Revocation...........................................$500
    However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of
Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
provision of a local ordinance or a similar out-of-state
offense or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
    Summary suspension under Section 11-501.1............$500
    Suspension under Section 11-501.9...................$500
    Summary revocation under Section 11-501.1............$500
    Revocation...........................................$500
    (c) All fees collected under the provisions of this Chapter
6 shall be disbursed under subsection (g) of Section 2-119 of
this Code, except as follows:
        1. The following amounts shall be paid into the Drivers
    Education Fund:
            (A) $16 of the $20 fee for an original driver's
        instruction permit;
            (B) $5 of the $30 fee for an original driver's
        license;
            (C) $5 of the $30 fee for a 4 year renewal driver's
        license;
            (D) $4 of the $8 fee for a restricted driving
        permit; and
            (E) $4 of the $8 fee for a monitoring device
        driving permit.
        2. $30 of the $250 fee for reinstatement of a license
    summarily suspended under Section 11-501.1 or suspended
    under Section 11-501.9 shall be deposited into the Drunk
    and Drugged Driving Prevention Fund. However, for a person
    whose license or privilege to operate a motor vehicle in
    this State has been suspended or revoked for a second or
    subsequent time for a violation of Section 11-501,
    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
    the $500 fee for reinstatement of a license summarily
    suspended under Section 11-501.1 or suspended under
    Section 11-501.9, and $190 of the $500 fee for
    reinstatement of a revoked license shall be deposited into
    the Drunk and Drugged Driving Prevention Fund. $190 of the
    $500 fee for reinstatement of a license summarily revoked
    pursuant to Section 11-501.1 shall be deposited into the
    Drunk and Drugged Driving Prevention Fund.
        3. $6 of the original or renewal fee for a commercial
    driver's license and $6 of the commercial learner's permit
    fee when the permit is issued to any person holding a valid
    Illinois driver's license, shall be paid into the
    CDLIS/AAMVAnet/NMVTIS Trust Fund.
        4. $30 of the $70 fee for reinstatement of a license
    suspended under the Family Financial Responsibility Law
    shall be paid into the Family Responsibility Fund.
        5. The $5 fee for each original or renewal M or L
    endorsement shall be deposited into the Cycle Rider Safety
    Training Fund.
        6. $20 of any original or renewal fee for a commercial
    driver's license or commercial learner's permit shall be
    paid into the Motor Carrier Safety Inspection Fund.
        7. The following amounts shall be paid into the General
    Revenue Fund:
            (A) $190 of the $250 reinstatement fee for a
        summary suspension under Section 11-501.1 or a
        suspension under Section 11-501.9;
            (B) $40 of the $70 reinstatement fee for any other
        suspension provided in subsection (b) of this Section;
        and
            (C) $440 of the $500 reinstatement fee for a first
        offense revocation and $310 of the $500 reinstatement
        fee for a second or subsequent revocation.
        8. Fees collected under paragraph (4) of subsection (d)
    and subsection (h) of Section 6-205 of this Code;
    subparagraph (C) of paragraph 3 of subsection (c) of
    Section 6-206 of this Code; and paragraph (4) of subsection
    (a) of Section 6-206.1 of this Code, shall be paid into the
    funds set forth in those Sections.
    (d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
    (e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
    (f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642,
eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18;
100-803, eff. 1-1-19; revised 10-24-18.)
 
    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
    Sec. 6-303. Driving while driver's license, permit, or
privilege to operate a motor vehicle is suspended or revoked.
    (a) Except as otherwise provided in subsection (a-5) or
(a-7), any person who drives or is in actual physical control
of a motor vehicle on any highway of this State at a time when
such person's driver's license, permit, or privilege to do so
or the privilege to obtain a driver's license or permit is
revoked or suspended as provided by this Code or the law of
another state, except as may be specifically allowed by a
judicial driving permit issued prior to January 1, 2009,
monitoring device driving permit, family financial
responsibility driving permit, probationary license to drive,
or a restricted driving permit issued pursuant to this Code or
under the law of another state, shall be guilty of a Class A
misdemeanor.
    (a-3) A second or subsequent violation of subsection (a) of
this Section is a Class 4 felony if committed by a person whose
driving or operation of a motor vehicle is the proximate cause
of a motor vehicle accident that causes personal injury or
death to another. For purposes of this subsection, a personal
injury includes any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
    (a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit, or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of this Code, relating to the offense of aggravated
driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
when the violation was a proximate cause of a death, or a
similar provision of a law of another state, is guilty of a
Class 4 felony. The person shall be required to undergo a
professional evaluation, as provided in Section 11-501 of this
Code, to determine if an alcohol, drug, or intoxicating
compound problem exists and the extent of the problem, and to
undergo the imposition of treatment as appropriate.
    (a-7) Any person who violates this Section as provided in
subsection (a) while his or her driver's license or privilege
to drive is suspended under Section 6-306.5 or 7-702 of this
Code shall receive a Uniform Traffic Citation from the law
enforcement officer. A person who receives 3 or more Uniform
Traffic Citations under this subsection (a-7) without paying
any fees associated with the citations shall be guilty of a
Class A misdemeanor.
    (a-10) A person's driver's license, permit, or privilege to
obtain a driver's license or permit may be subject to multiple
revocations, multiple suspensions, or any combination of both
simultaneously. No revocation or suspension shall serve to
negate, invalidate, cancel, postpone, or in any way lessen the
effect of any other revocation or suspension entered prior or
subsequent to any other revocation or suspension.
    (b) (Blank).
    (b-1) Except for a person under subsection (a-7) of this
Section, upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit, or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit, or monitoring
device driving permit, the Secretary shall extend the
suspension for the same period of time as the originally
imposed suspension unless the suspension has already expired,
in which case the Secretary shall be authorized to suspend the
person's driving privileges for the same period of time as the
originally imposed suspension.
    (b-2) Except as provided in subsection (b-6) or (a-7), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit, or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of
another state, the Secretary shall not issue a driver's license
for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle
during such period of revocation.
    (b-3) (Blank).
    (b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
    (b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide, or
a violation of subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause of
a death, or a similar provision of a law of another state. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
    (b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit, or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide, or a violation of subparagraph (F) of paragraph (1)
of subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation was a
proximate cause of a death, or a similar out-of-state offense,
the Secretary shall not issue a driver's license for an
additional period of 3 three years from the date of such
conviction.
    (c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
        (1) a violation of Section 11-501 of this Code or a
    similar provision of a local ordinance relating to the
    offense of operating or being in physical control of a
    vehicle while under the influence of alcohol, any other
    drug or any combination thereof; or
        (2) a violation of paragraph (b) of Section 11-401 of
    this Code or a similar provision of a local ordinance
    relating to the offense of leaving the scene of a motor
    vehicle accident involving personal injury or death; or
        (3) a statutory summary suspension or revocation under
    Section 11-501.1 of this Code.
    Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
    (c-1) Except as provided in subsections (a-7), (c-5), and
(d), any person convicted of a second violation of this Section
shall be ordered by the court to serve a minimum of 100 hours
of community service. The court may give credit toward the
fulfillment of community service hours for participation in
activities and treatment as determined by court services.
    (c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
        (1) Seizure of the license plates of the person's
    vehicle.
        (2) Immobilization of the person's vehicle for a period
    of time to be determined by the court.
    (c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a monitoring
device driving permit MDDP shall be guilty of a Class 4 felony
and shall serve a minimum term of imprisonment of 30 days.
    (c-4) Any person who has been issued a monitoring device
driving permit MDDP or a restricted driving permit which
requires the person to operate only motor vehicles equipped
with an ignition interlock device and who is convicted of a
violation of this Section as a result of operating or being in
actual physical control of a motor vehicle not equipped with an
ignition interlock device at the time of the offense shall be
guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
    (c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if:
         (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, relating to the offense of reckless homicide,
    or a violation of subparagraph (F) of paragraph (1) of
    subsection (d) of Section 11-501 of this Code, relating to
    the offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof when the violation
    was a proximate cause of a death, or a similar out-of-state
    offense; and
        (2) the prior conviction under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012 relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense, or was
    suspended or revoked for a violation of Section 11-401 or
    11-501 of this Code, a similar out-of-state offense, a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code.
    (d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, a similar
    out-of-state offense, a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior conviction under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (3) The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
    (d-1) Except as provided in subsections (a-7), (d-2),
(d-2.5), and (d-3), any person convicted of a third or
subsequent violation of this Section shall serve a minimum term
of imprisonment of 30 days or 300 hours of community service,
as determined by the court. The court may give credit toward
the fulfillment of community service hours for participation in
activities and treatment as determined by court services.
    (d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, or a similar
    out-of-state offense, or a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
        (1) the current violation occurred while the person's
    driver's license was suspended or revoked for a violation
    of Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, relating to the offense of reckless homicide,
    or a violation of subparagraph (F) of paragraph (1) of
    subsection (d) of Section 11-501 of this Code, relating to
    the offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof when the violation
    was a proximate cause of a death, or a similar out-of-state
    offense. The person's driving privileges shall be revoked
    for the remainder of the person's life; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense, or was
    suspended or revoked for a violation of Section 11-401 or
    11-501 of this Code, a similar out-of-state offense, a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code.
    (d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, a similar
    out-of-state offense, a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an
extended term, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, relating to the offense of reckless homicide,
    or a violation of subparagraph (F) of paragraph (1) of
    subsection (d) of Section 11-501 of this Code, relating to
    the offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof when the violation
    was a proximate cause of a death, or a similar out-of-state
    offense; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense, or was
    suspended or revoked for a violation of Section 11-401 or
    11-501 of this Code, a similar out-of-state offense, a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code.
    (d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, or a similar
    out-of-state offense, or a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, or a similar
    out-of-state offense, or a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
    (f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
    (g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:
        (1) a violation of Section 11-501 of this Code, a
    similar provision of a local ordinance, or a similar
    provision of a law of another state;
        (2) a violation of paragraph (b) of Section 11-401 of
    this Code, a similar provision of a local ordinance, or a
    similar provision of a law of another state;
        (3) a statutory summary suspension or revocation under
    Section 11-501.1 of this Code or a similar provision of a
    law of another state; or
        (4) a violation of Section 9-3 of the Criminal Code of
    1961 or the Criminal Code of 2012 relating to the offense
    of reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar provision of a law of another state.
(Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18;
100-575, eff. 1-8-18; 100-1004, eff. 1-1-19; revised
10-22-18.)
 
    (625 ILCS 5/6-525)  (from Ch. 95 1/2, par. 6-525)
    Sec. 6-525. Severability. The provisions of this UCDLA
UCLDA shall be severable and if any phrase, clause, sentence or
provision of this UCDLA UCLDA is declared to be contrary to the
Constitutions of this State, or of the United States, such
unconstitutionality shall not affect the validity of the
remainder of this UCDLA.
(Source: P.A. 86-845; revised 10-3-18.)
 
    (625 ILCS 5/8-101)  (from Ch. 95 1/2, par. 8-101)
    Sec. 8-101. Proof of financial responsibility; persons
responsibility - Persons who operate motor vehicles in
transportation of passengers for hire.
    (a) It is unlawful for any person, firm, or corporation to
operate any motor vehicle along or upon any public street or
highway in any incorporated city, town, or village in this
State for the carriage of passengers for hire, accepting and
discharging all such persons as may offer themselves for
transportation unless such person, firm, or corporation has
given, and there is in full force and effect and on file with
the Secretary of State of Illinois, proof of financial
responsibility provided in this Act.
    (b) In addition this Section shall also apply to persons,
firms, or corporations who are in the business of providing
transportation services for minors to or from educational or
recreational facilities, except that this Section shall not
apply to public utilities subject to regulation under the
Public Utilities Act "An Act concerning public utilities,"
approved June 29, 1921, as amended, or to school buses which
are operated by public or parochial schools and are engaged
solely in the transportation of the pupils who attend such
schools.
    (c) This Section also applies to a contract carrier
transporting employees in the course of their employment on a
highway of this State in a vehicle designed to carry 15 or
fewer passengers. As part of proof of financial responsibility,
a contract carrier transporting employees, including, but not
limited to, railroad employees, in the course of their
employment is required to verify hit and run and uninsured
motor vehicle coverage, as provided in Section 143a of the
Illinois Insurance Code, and underinsured motor vehicle
coverage, as provided in Section 143a-2 of the Illinois
Insurance Code, in a total amount of not less than $250,000 per
passenger, except that beginning on January 1, 2017 the total
amount shall be not less than $500,000 per passenger. Each rail
carrier that contracts with a contract carrier for the
transportation of its employees in the course of their
employment shall verify that the contract carrier has the
minimum insurance coverage required under this subsection (c).
    (d) This Section shall not apply to any person
participating in a ridesharing arrangement or operating a
commuter van, but only during the performance of activities
authorized by the Ridesharing Arrangements Act.
    (e) If the person operating such motor vehicle is not the
owner, then proof of financial responsibility filed hereunder
must provide that the owner is primarily liable.
(Source: P.A. 99-799, eff. 8-12-16; 100-458, eff. 1-1-18;
revised 10-19-18.)
 
    (625 ILCS 5/11-501.01)
    (Text of Section before amendment by P.A. 100-987)
    Sec. 11-501.01. Additional administrative sanctions.
    (a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
    (b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
    (c) Every person found guilty of violating Section 11-501,
whose operation of a motor vehicle while in violation of that
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of this
Section.
    (d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
    (e) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense of Section 11-501 or a similar
provision of a local ordinance. The person must pay to the
Secretary of State DUI Administration Fund an amount not to
exceed $30 for each month that he or she uses the device. The
Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system, the amount
of the fee, and the procedures, terms, and conditions relating
to these fees. During the time period in which a person is
required to install an ignition interlock device under this
subsection (e), that person shall only operate vehicles in
which ignition interlock devices have been installed, except as
allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
this Code.
    (f) In addition to any other penalties and liabilities, a
person who is found guilty of or pleads guilty to violating
Section 11-501, including any person placed on court
supervision for violating Section 11-501, shall be assessed
$750, payable to the circuit clerk, who shall distribute the
money as follows: $350 to the law enforcement agency that made
the arrest, and $400 shall be forwarded to the State Treasurer
for deposit into the General Revenue Fund. If the person has
been previously convicted of violating Section 11-501 or a
similar provision of a local ordinance, the fine shall be
$1,000, and the circuit clerk shall distribute $200 to the law
enforcement agency that made the arrest and $800 to the State
Treasurer for deposit into the General Revenue Fund. In the
event that more than one agency is responsible for the arrest,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this subsection (f) shall be used for enforcement and
prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations. Any moneys received
by the Department of State Police under this subsection (f)
shall be deposited into the State Police DUI Fund and shall be
used to purchase law enforcement equipment that will assist in
the prevention of alcohol related criminal violence throughout
the State.
    (g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used for enforcement
and prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including, but not limited to, the purchase of law enforcement
equipment and commodities to assist in the prevention of
alcohol-related alcohol related criminal violence throughout
the State; police officer training and education in areas
related to alcohol-related alcohol related crime, including,
but not limited to, DUI training; and police officer salaries,
including, but not limited to, salaries for hire back funding
for safety checkpoints, saturation patrols, and liquor store
sting operations.
    (h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
    (i) In addition to any other fine or penalty required by
law, an individual convicted of a violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision, whose operation of a motor vehicle,
snowmobile, or watercraft while in violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(i), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance. With respect to funds designated for the Department
of State Police, the moneys shall be remitted by the circuit
court clerk to the State Police within one month after receipt
for deposit into the State Police DUI Fund. With respect to
funds designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys into
the Conservation Police Operations Assistance Fund.
    (j) A person that is subject to a chemical test or tests of
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice registered nurse, a registered nurse, a
trained phlebotomist, a licensed paramedic, or a qualified
person other than a police officer approved by the Department
of State Police to withdraw blood, who responds, whether at a
law enforcement facility or a health care facility, to a police
department request for the drawing of blood based upon refusal
of the person to submit to a lawfully requested breath test or
probable cause exists to believe the test would disclose the
ingestion, consumption, or use of drugs or intoxicating
compounds if:
        (1) the person is found guilty of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance; or
        (2) the person pleads guilty to or stipulates to facts
    supporting a violation of Section 11-503 of this Code or a
    similar provision of a local ordinance when the plea or
    stipulation was the result of a plea agreement in which the
    person was originally charged with violating Section
    11-501 of this Code or a similar local ordinance.
(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-513, eff. 1-1-18; revised 10-19-18.)
 
    (Text of Section after amendment by P.A. 100-987)
    Sec. 11-501.01. Additional administrative sanctions.
    (a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
    (b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
    (c) (Blank).
    (d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
    (e) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense of Section 11-501 or a similar
provision of a local ordinance. The person must pay to the
Secretary of State DUI Administration Fund an amount not to
exceed $30 for each month that he or she uses the device. The
Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system, the amount
of the fee, and the procedures, terms, and conditions relating
to these fees. During the time period in which a person is
required to install an ignition interlock device under this
subsection (e), that person shall only operate vehicles in
which ignition interlock devices have been installed, except as
allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
this Code.
    (f) (Blank).
    (g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury and, subject to
appropriation, shall be used for enforcement and prevention of
driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination
thereof, as defined by Section 11-501 of this Code, including,
but not limited to, the purchase of law enforcement equipment
and commodities to assist in the prevention of alcohol-related
alcohol related criminal violence throughout the State; police
officer training and education in areas related to
alcohol-related alcohol related crime, including, but not
limited to, DUI training; and police officer salaries,
including, but not limited to, salaries for hire back funding
for safety checkpoints, saturation patrols, and liquor store
sting operations.
    (h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
    (i) (Blank).
    (j) A person that is subject to a chemical test or tests of
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice registered nurse, a registered nurse, a
trained phlebotomist, a licensed paramedic, or a qualified
person other than a police officer approved by the Department
of State Police to withdraw blood, who responds, whether at a
law enforcement facility or a health care facility, to a police
department request for the drawing of blood based upon refusal
of the person to submit to a lawfully requested breath test or
probable cause exists to believe the test would disclose the
ingestion, consumption, or use of drugs or intoxicating
compounds if:
        (1) the person is found guilty of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance; or
        (2) the person pleads guilty to or stipulates to facts
    supporting a violation of Section 11-503 of this Code or a
    similar provision of a local ordinance when the plea or
    stipulation was the result of a plea agreement in which the
    person was originally charged with violating Section
    11-501 of this Code or a similar local ordinance.
(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-513, eff. 1-1-18; 100-987, eff. 7-1-19;
revised 10-19-18.)
 
    (625 ILCS 5/11-501.7)  (from Ch. 95 1/2, par. 11-501.7)
    Sec. 11-501.7. (a) As a condition of probation or discharge
of a person convicted of a violation of Section 11-501 of this
Code, who was less than 21 years of age at the time of the
offense, or a person adjudicated delinquent pursuant to the
Juvenile Court Act of 1987, for violation of Section 11-501 of
this Code, the Court may order the offender to participate in
the Youthful Intoxicated Drivers' Visitation Program. The
Program shall consist of a supervised visitation as provided by
this Section by the person to at least one of the following, to
the extent that personnel and facilities are available:
        (1) A State or private rehabilitation facility that
    cares for victims of motor vehicle accidents involving
    persons under the influence of alcohol.
        (2) A facility which cares for advanced alcoholics to
    observe persons in the terminal stages of alcoholism, under
    the supervision of appropriately licensed medical
    personnel.
        (3) If approved by the coroner of the county where the
    person resides, the county coroner's office or the county
    morgue to observe appropriate victims of motor vehicle
    accidents involving persons under the influence of
    alcohol, under the supervision of the coroner or deputy
    coroner.
    (b) The Program shall be operated by the appropriate
probation authorities of the courts of the various circuits.
The youthful offender ordered to participate in the Program
shall bear all costs associated with participation in the
Program. A parent or guardian of the offender may assume the
obligation of the offender to pay the costs of the Program. The
court may waive the requirement that the offender pay the costs
of participation in the Program upon a finding of indigency.
    (c) As used in this Section, "appropriate victims" means
victims whose condition is determined by the visit supervisor
to demonstrate the results of motor vehicle accidents involving
persons under the influence of alcohol without being
excessively gruesome or traumatic to the observer.
    (d) Any visitation shall include, before any observation of
victims or persons with disabilities, a comprehensive
counseling session with the visitation supervisor at which the
supervisor shall explain and discuss the experiences which may
be encountered during the visitation in order to ascertain
whether the visitation is appropriate.
(Source: P.A. 99-143, eff. 7-27-15; revised 10-3-18.)
 
    (625 ILCS 5/12-610.2)
    (Text of Section before amendment by P.A. 100-858)
    Sec. 12-610.2. Electronic communication devices.
    (a) As used in this Section:
    "Electronic communication device" means an electronic
device, including, but not limited to, a hand-held wireless
telephone, hand-held personal digital assistant, or a portable
or mobile computer, but does not include a global positioning
system or navigation system or a device that is physically or
electronically integrated into the motor vehicle.
    (b) A person may not operate a motor vehicle on a roadway
while using an electronic communication device.
    (b-5) A person commits aggravated use of an electronic
communication device when he or she violates subsection (b) and
in committing the violation he or she is was involved in a
motor vehicle accident that results in great bodily harm,
permanent disability, disfigurement, or death to another and
the violation is was a proximate cause of the injury or death.
    (c) A second or subsequent violation of this Section is an
offense against traffic regulations governing the movement of
vehicles. A person who violates this Section shall be fined a
maximum of $75 for a first offense, $100 for a second offense,
$125 for a third offense, and $150 for a fourth or subsequent
offense.
    (d) This Section does not apply to:
        (1) a law enforcement officer or operator of an
    emergency vehicle while performing his or her official
    duties;
        (1.5) a first responder, including a volunteer first
    responder responders, while operating his or her own
    personal motor vehicle using an electronic communication
    device for the sole purpose of receiving information about
    an emergency situation while en route to performing his or
    her official duties;
        (2) a driver using an electronic communication device
    for the sole purpose of reporting an emergency situation
    and continued communication with emergency personnel
    during the emergency situation;
        (3) a driver using an electronic communication device
    in hands-free or voice-operated mode, which may include the
    use of a headset;
        (4) a driver of a commercial motor vehicle reading a
    message displayed on a permanently installed communication
    device designed for a commercial motor vehicle with a
    screen that does not exceed 10 inches tall by 10 inches
    wide in size;
        (5) a driver using an electronic communication device
    while parked on the shoulder of a roadway;
        (6) a driver using an electronic communication device
    when the vehicle is stopped due to normal traffic being
    obstructed and the driver has the motor vehicle
    transmission in neutral or park;
        (7) a driver using two-way or citizens band radio
    services;
        (8) a driver using two-way mobile radio transmitters or
    receivers for licensees of the Federal Communications
    Commission in the amateur radio service;
        (9) a driver using an electronic communication device
    by pressing a single button to initiate or terminate a
    voice communication; or
        (10) a driver using an electronic communication device
    capable of performing multiple functions, other than a
    hand-held wireless telephone or hand-held personal digital
    assistant (for example, a fleet management system,
    dispatching device, citizens band radio, or music player)
    for a purpose that is not otherwise prohibited by this
    Section.
    (e) A person convicted of violating subsection (b-5)
commits a Class A misdemeanor if the violation resulted in
great bodily harm, permanent disability, or disfigurement to
another. A person convicted of violating subsection (b-5)
commits a Class 4 felony if the violation resulted in the death
of another person.
(Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.)
 
    (Text of Section after amendment by P.A. 100-858)
    Sec. 12-610.2. Electronic communication devices.
    (a) As used in this Section:
    "Electronic communication device" means an electronic
device, including, but not limited to, a hand-held wireless
telephone, hand-held personal digital assistant, or a portable
or mobile computer, but does not include a global positioning
system or navigation system or a device that is physically or
electronically integrated into the motor vehicle.
    (b) A person may not operate a motor vehicle on a roadway
while using an electronic communication device.
    (b-5) A person commits aggravated use of an electronic
communication device when he or she violates subsection (b) and
in committing the violation he or she is was involved in a
motor vehicle accident that results in great bodily harm,
permanent disability, disfigurement, or death to another and
the violation is was a proximate cause of the injury or death.
    (c) A violation of this Section is an offense against
traffic regulations governing the movement of vehicles. A
person who violates this Section shall be fined a maximum of
$75 for a first offense, $100 for a second offense, $125 for a
third offense, and $150 for a fourth or subsequent offense.
    (d) This Section does not apply to:
        (1) a law enforcement officer or operator of an
    emergency vehicle while performing his or her official
    duties;
        (1.5) a first responder, including a volunteer first
    responder responders, while operating his or her own
    personal motor vehicle using an electronic communication
    device for the sole purpose of receiving information about
    an emergency situation while en route to performing his or
    her official duties;
        (2) a driver using an electronic communication device
    for the sole purpose of reporting an emergency situation
    and continued communication with emergency personnel
    during the emergency situation;
        (3) a driver using an electronic communication device
    in hands-free or voice-operated mode, which may include the
    use of a headset;
        (4) a driver of a commercial motor vehicle reading a
    message displayed on a permanently installed communication
    device designed for a commercial motor vehicle with a
    screen that does not exceed 10 inches tall by 10 inches
    wide in size;
        (5) a driver using an electronic communication device
    while parked on the shoulder of a roadway;
        (6) a driver using an electronic communication device
    when the vehicle is stopped due to normal traffic being
    obstructed and the driver has the motor vehicle
    transmission in neutral or park;
        (7) a driver using two-way or citizens band radio
    services;
        (8) a driver using two-way mobile radio transmitters or
    receivers for licensees of the Federal Communications
    Commission in the amateur radio service;
        (9) a driver using an electronic communication device
    by pressing a single button to initiate or terminate a
    voice communication; or
        (10) a driver using an electronic communication device
    capable of performing multiple functions, other than a
    hand-held wireless telephone or hand-held personal digital
    assistant (for example, a fleet management system,
    dispatching device, citizens band radio, or music player)
    for a purpose that is not otherwise prohibited by this
    Section.
    (e) A person convicted of violating subsection (b-5)
commits a Class A misdemeanor if the violation resulted in
great bodily harm, permanent disability, or disfigurement to
another. A person convicted of violating subsection (b-5)
commits a Class 4 felony if the violation resulted in the death
of another person.
(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19;
revised 10-15-18.)
 
    (625 ILCS 5/12-806a)  (from Ch. 95 1/2, par. 12-806a)
    Sec. 12-806a. Identification, stop signal arms, and
special lighting on school buses used to transport children
outside of a school activity or persons in connection with a
community based rehabilitation facility.
    (a) Subject to the conditions in Subsection (c), a bus
which meets any of the special requirements for school buses in
Sections Section 12-801, 12-802, 12-803, and 12-805 of this
Code may be used for the purpose of transporting persons 18
years of age or less.
    (b) Subject to the conditions in subsection (c), a bus
which meets any of the special requirements for school buses in
Sections 12-801, 12-802, 12-803, and 12-805 of this Code may be
used for the purpose of transporting persons recognized as
clients of a community based rehabilitation facility which is
accredited by the Commission on Accreditation of
Rehabilitation Facilities of Tucson, Arizona, and which is
under a contractual agreement with the Department of Human
Services.
    (c) A bus used for transportation as provided in subsection
(a) or (b) shall meet all of the special requirements for
school buses in Sections Section 12-801, 12-802, 12-803, and
12-805. A bus which meets all of the special requirements for
school buses in Sections Section 12-801, 12-802, 12-803, and
12-805 shall be operated by a person who has a valid and
properly classified driver's license issued by the Secretary of
State and who possesses a valid school bus driver permit or is
accompanied and supervised, for the specific purpose of
training prior to routine operation of a school bus, by a
person who has held a valid school bus driver permit for at
least one year.
(Source: P.A. 100-791, eff. 1-1-19; revised 10-3-18.)
 
    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
    Sec. 15-301. Permits for excess size and weight.
    (a) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction may, in their discretion, upon
application and good cause being shown therefor, issue a
special permit authorizing the applicant to operate or move a
vehicle or combination of vehicles of a size or weight of
vehicle or load exceeding the maximum specified in this Code
Act or otherwise not in conformity with this Code Act upon any
highway under the jurisdiction of the party granting such
permit and for the maintenance of which the party is
responsible. Applications and permits other than those in
written or printed form may only be accepted from and issued to
the company or individual making the movement. Except for an
application to move directly across a highway, it shall be the
duty of the applicant to establish in the application that the
load to be moved by such vehicle or combination cannot
reasonably be dismantled or disassembled, the reasonableness
of which shall be determined by the Secretary of the
Department. For the purpose of over length movements, more than
one object may be carried side by side as long as the height,
width, and weight laws are not exceeded and the cause for the
over length is not due to multiple objects. For the purpose of
over height movements, more than one object may be carried as
long as the cause for the over height is not due to multiple
objects and the length, width, and weight laws are not
exceeded. For the purpose of an over width movement, more than
one object may be carried as long as the cause for the over
width is not due to multiple objects and length, height, and
weight laws are not exceeded. Except for transporting fluid
milk products, no State or local agency shall authorize the
issuance of excess size or weight permits for vehicles and
loads that are divisible and that can be carried, when divided,
within the existing size or weight maximums specified in this
Chapter. Any excess size or weight permit issued in violation
of the provisions of this Section shall be void at issue and
any movement made thereunder shall not be authorized under the
terms of the void permit. In any prosecution for a violation of
this Chapter when the authorization of an excess size or weight
permit is at issue, it is the burden of the defendant to
establish that the permit was valid because the load to be
moved could not reasonably be dismantled or disassembled, or
was otherwise nondivisible.
    (b) The application for any such permit shall: (1) state
whether such permit is requested for a single trip or for
limited continuous operation; (2) state if the applicant is an
authorized carrier under the Illinois Motor Carrier of Property
Law, if so, his certificate, registration, or permit number
issued by the Illinois Commerce Commission; (3) specifically
describe and identify the vehicle or vehicles and load to be
operated or moved; (4) state the routing requested, including
the points of origin and destination, and may identify and
include a request for routing to the nearest certified scale in
accordance with the Department's rules and regulations,
provided the applicant has approval to travel on local roads;
and (5) state if the vehicles or loads are being transported
for hire. No permits for the movement of a vehicle or load for
hire shall be issued to any applicant who is required under the
Illinois Motor Carrier of Property Law to have a certificate,
registration, or permit and does not have such certificate,
registration, or permit.
    (c) The Department or local authority when not inconsistent
with traffic safety is authorized to issue or withhold such
permit at its discretion; or, if such permit is issued at its
discretion to prescribe the route or routes to be traveled, to
limit the number of trips, to establish seasonal or other time
limitations within which the vehicles described may be operated
on the highways indicated, or otherwise to limit or prescribe
conditions of operations of such vehicle or vehicles, when
necessary to assure against undue damage to the road
foundations, surfaces or structures, and may require such
undertaking or other security as may be deemed necessary to
compensate for any injury to any roadway or road structure. The
Department shall maintain a daily record of each permit issued
along with the fee and the stipulated dimensions, weights,
conditions, and restrictions authorized and this record shall
be presumed correct in any case of questions or dispute. The
Department shall install an automatic device for recording
applications received and permits issued by telephone. In
making application by telephone, the Department and applicant
waive all objections to the recording of the conversation.
    (d) The Department shall, upon application in writing from
any local authority, issue an annual permit authorizing the
local authority to move oversize highway construction,
transportation, utility, and maintenance equipment over roads
under the jurisdiction of the Department. The permit shall be
applicable only to equipment and vehicles owned by or
registered in the name of the local authority, and no fee shall
be charged for the issuance of such permits.
    (e) As an exception to subsection (a) of this Section, the
Department and local authorities, with respect to highways
under their respective jurisdictions, in their discretion and
upon application in writing, may issue a special permit for
limited continuous operation, authorizing the applicant to
move loads of agricultural commodities on a 2-axle single
vehicle registered by the Secretary of State with axle loads
not to exceed 35%, on a 3-axle or 4-axle vehicle registered by
the Secretary of State with axle loads not to exceed 20%, and
on a 5-axle vehicle registered by the Secretary of State not to
exceed 10% above those provided in Section 15-111. The total
gross weight of the vehicle, however, may not exceed the
maximum gross weight of the registration class of the vehicle
allowed under Section 3-815 or 3-818 of this Code.
    As used in this Section, "agricultural commodities" means:
        (1) cultivated plants or agricultural produce grown,
    including, but not limited to, corn, soybeans, wheat, oats,
    grain sorghum, canola, and rice;
        (2) livestock, including, but not limited to, hogs,
    equine, sheep, and poultry;
        (3) ensilage; and
        (4) fruits and vegetables.
    Permits may be issued for a period not to exceed 40 days
and moves may be made of a distance not to exceed 50 miles from
a field, an on-farm grain storage facility, a warehouse as
defined in the Grain Code, or a livestock management facility
as defined in the Livestock Management Facilities Act over any
highway except the National System of Interstate and Defense
Highways. The operator of the vehicle, however, must abide by
posted bridge and posted highway weight limits. All implements
of husbandry operating under this Section between sunset and
sunrise shall be equipped as prescribed in Section 12-205.1.
    (e-1) A special permit shall be issued by the Department
under this Section and shall be required from September 1
through December 31 for a vehicle that exceeds the maximum axle
weight and gross weight limits under Section 15-111 of this
Code or exceeds the vehicle's registered gross weight, provided
that the vehicle's axle weight and gross weight do not exceed
10% above the maximum limits under Section 15-111 of this Code
and does not exceed the vehicle's registered gross weight by
10%. All other restrictions that apply to permits issued under
this Section shall apply during the declared time period and no
fee shall be charged for the issuance of those permits. Permits
issued by the Department under this subsection (e-1) are only
valid on federal and State highways under the jurisdiction of
the Department, except interstate highways. With respect to
highways under the jurisdiction of local authorities, the local
authorities may, at their discretion, waive special permit
requirements, and set a divisible load weight limit not to
exceed 10% above a vehicle's registered gross weight, provided
that the vehicle's axle weight and gross weight do not exceed
10% above the maximum limits specified in Section 15-111.
Permits issued under this subsection (e-1) shall apply to all
registered vehicles eligible to obtain permits under this
Section, including vehicles used in private or for-hire
movement of divisible load agricultural commodities during the
declared time period.
    (f) The form and content of the permit shall be determined
by the Department with respect to highways under its
jurisdiction and by local authorities with respect to highways
under their jurisdiction. Every permit shall be in written form
and carried in the vehicle or combination of vehicles to which
it refers and shall be open to inspection by any police officer
or authorized agent of any authority granting the permit and no
person shall violate any of the terms or conditions of such
special permit. Violation of the terms and conditions of the
permit shall not be deemed a revocation of the permit; however,
any vehicle and load found to be off the route prescribed in
the permit shall be held to be operating without a permit. Any
off-route off route vehicle and load shall be required to
obtain a new permit or permits, as necessary, to authorize the
movement back onto the original permit routing. No rule or
regulation, nor anything herein, shall be construed to
authorize any police officer, court, or authorized agent of any
authority granting the permit to remove the permit from the
possession of the permittee unless the permittee is charged
with a fraudulent permit violation as provided in subsection
(i). However, upon arrest for an offense of violation of
permit, operating without a permit when the vehicle is off
route, or any size or weight offense under this Chapter when
the permittee plans to raise the issuance of the permit as a
defense, the permittee, or his agent, must produce the permit
at any court hearing concerning the alleged offense.
    If the permit designates and includes a routing to a
certified scale, the permittee, while en route enroute to the
designated scale, shall be deemed in compliance with the weight
provisions of the permit provided the axle or gross weights do
not exceed any of the permitted limits by more than the
following amounts:
        Single axle               2000 pounds
        Tandem axle               3000 pounds
        Gross                     5000 pounds
    (g) The Department is authorized to adopt, amend, and to
make available to interested persons a policy concerning
reasonable rules, limitations and conditions or provisions of
operation upon highways under its jurisdiction in addition to
those contained in this Section for the movement by special
permit of vehicles, combinations, or loads which cannot
reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof.
All rules, limitations and conditions or provisions adopted in
the policy shall have due regard for the safety of the
traveling public and the protection of the highway system and
shall have been promulgated in conformity with the provisions
of the Illinois Administrative Procedure Act. The requirements
of the policy for flagmen and escort vehicles shall be the same
for all moves of comparable size and weight. When escort
vehicles are required, they shall meet the following
requirements:
        (1) All operators shall be 18 years of age or over and
    properly licensed to operate the vehicle.
        (2) Vehicles escorting oversized loads more than 12
    feet 12-feet wide must be equipped with a rotating or
    flashing amber light mounted on top as specified under
    Section 12-215.
    The Department shall establish reasonable rules and
regulations regarding liability insurance or self insurance
for vehicles with oversized loads promulgated under the
Illinois Administrative Procedure Act. Police vehicles may be
required for escort under circumstances as required by rules
and regulations of the Department.
    (h) Violation of any rule, limitation or condition or
provision of any permit issued in accordance with the
provisions of this Section shall not render the entire permit
null and void but the violator shall be deemed guilty of
violation of permit and guilty of exceeding any size, weight,
or load limitations in excess of those authorized by the
permit. The prescribed route or routes on the permit are not
mere rules, limitations, conditions, or provisions of the
permit, but are also the sole extent of the authorization
granted by the permit. If a vehicle and load are found to be
off the route or routes prescribed by any permit authorizing
movement, the vehicle and load are operating without a permit.
Any off-route movement shall be subject to the size and weight
maximums, under the applicable provisions of this Chapter, as
determined by the type or class highway upon which the vehicle
and load are being operated.
    (i) Whenever any vehicle is operated or movement made under
a fraudulent permit, the permit shall be void, and the person,
firm, or corporation to whom such permit was granted, the
driver of such vehicle in addition to the person who issued
such permit and any accessory, shall be guilty of fraud and
either one or all persons may be prosecuted for such violation.
Any person, firm, or corporation committing such violation
shall be guilty of a Class 4 felony and the Department shall
not issue permits to the person, firm, or corporation convicted
of such violation for a period of one year after the date of
conviction. Penalties for violations of this Section shall be
in addition to any penalties imposed for violation of other
Sections of this Code.
    (j) Whenever any vehicle is operated or movement made in
violation of a permit issued in accordance with this Section,
the person to whom such permit was granted, or the driver of
such vehicle, is guilty of such violation and either, but not
both, persons may be prosecuted for such violation as stated in
this subsection (j). Any person, firm, or corporation convicted
of such violation shall be guilty of a petty offense and shall
be fined, for the first offense, not less than $50 nor more
than $200 and, for the second offense by the same person, firm,
or corporation within a period of one year, not less than $200
nor more than $300 and, for the third offense by the same
person, firm, or corporation within a period of one year after
the date of the first offense, not less than $300 nor more than
$500 and the Department may, in its discretion descretion, not
issue permits to the person, firm, or corporation convicted of
a third offense during a period of one year after the date of
conviction or supervision for such third offense. If any
violation is the cause or contributing cause in a motor vehicle
accident causing damage to property, injury, or death to a
person, the Department may, in its discretion, not issue a
permit to the person, firm, or corporation for a period of one
year after the date of conviction or supervision for the
offense.
    (k) Whenever any vehicle is operated on local roads under
permits for excess width or length issued by local authorities,
such vehicle may be moved upon a State highway for a distance
not to exceed one-half mile without a permit for the purpose of
crossing the State highway.
    (l) Notwithstanding any other provision of this Section,
the Department, with respect to highways under its
jurisdiction, and local authorities, with respect to highways
under their jurisdiction, may at their discretion authorize the
movement of a vehicle in violation of any size or weight
requirement, or both, that would not ordinarily be eligible for
a permit, when there is a showing of extreme necessity that the
vehicle and load should be moved without unnecessary delay.
    For the purpose of this subsection, showing of extreme
necessity shall be limited to the following: shipments of
livestock, hazardous materials, liquid concrete being hauled
in a mobile cement mixer, or hot asphalt.
    (m) Penalties for violations of this Section shall be in
addition to any penalties imposed for violating any other
Section of this Code.
    (n) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction, in their discretion and upon
application in writing, may issue a special permit for
continuous limited operation, authorizing the applicant to
operate a tow truck that exceeds the weight limits provided for
in subsection (a) of Section 15-111, provided:
        (1) no rear single axle of the tow truck exceeds 26,000
    pounds;
        (2) no rear tandem axle of the tow truck exceeds 50,000
    pounds;
        (2.1) no triple rear axle on a manufactured recovery
    unit exceeds 60,000 pounds;
        (3) neither the disabled vehicle nor the disabled
    combination of vehicles exceed the weight restrictions
    imposed by this Chapter 15, or the weight limits imposed
    under a permit issued by the Department prior to hookup;
        (4) the tow truck prior to hookup does not exceed the
    weight restrictions imposed by this Chapter 15;
        (5) during the tow operation the tow truck does not
    violate any weight restriction sign;
        (6) the tow truck is equipped with flashing, rotating,
    or oscillating amber lights, visible for at least 500 feet
    in all directions;
        (7) the tow truck is specifically designed and licensed
    as a tow truck;
        (8) the tow truck has a gross vehicle weight rating of
    sufficient capacity to safely handle the load;
        (9) the tow truck is equipped with air brakes;
        (10) the tow truck is capable of utilizing the lighting
    and braking systems of the disabled vehicle or combination
    of vehicles;
        (11) the tow commences at the initial point of wreck or
    disablement and terminates at a point where the repairs are
    actually to occur;
        (12) the permit issued to the tow truck is carried in
    the tow truck and exhibited on demand by a police officer;
    and
        (13) the movement shall be valid only on State routes
    approved by the Department.
    (o) (Blank).
    (p) In determining whether a load may be reasonably
dismantled or disassembled for the purpose of subsection (a),
the Department shall consider whether there is a significant
negative impact on the condition of the pavement and structures
along the proposed route, whether the load or vehicle as
proposed causes a safety hazard to the traveling public,
whether dismantling or disassembling the load promotes or
stifles economic development, and whether the proposed route
travels less than 5 miles. A load is not required to be
dismantled or disassembled for the purposes of subsection (a)
if the Secretary of the Department determines there will be no
significant negative impact to pavement or structures along the
proposed route, the proposed load or vehicle causes no safety
hazard to the traveling public, dismantling or disassembling
the load does not promote economic development, and the
proposed route travels less than 5 miles. The Department may
promulgate rules for the purpose of establishing the
divisibility of a load pursuant to subsection (a). Any load
determined by the Secretary to be nondivisible shall otherwise
comply with the existing size or weight maximums specified in
this Chapter.
(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
100-728, eff. 1-1-19; 100-830, eff. 1-1-19; 100-863, eff.
8-14-18; 100-1090, eff. 1-1-19; revised 10-9-18.)
 
    (625 ILCS 5/18c-1304)  (from Ch. 95 1/2, par. 18c-1304)
    Sec. 18c-1304. Orders of Employee Boards. Employee Board
orders shall be served, in writing, on all parties to the
proceeding in which the order is entered. Such orders shall
contain, in addition to the decision of the Board, a statement
of findings, conclusions, or other reasons therefor therefore.
Employee Board decisions and orders shall have the same force
and effect, and may be made, issued, and evidenced in the same
manner, as if the decision had been made and the order issued
by the Commission itself. The filing of a timely motion for
reconsideration shall, unless otherwise provided by the
Commission, stay the effect of an Employee Board order pending
reconsideration.
(Source: P.A. 84-796; revised 10-2-18.)
 
    (625 ILCS 5/18c-4502)  (from Ch. 95 1/2, par. 18c-4502)
    Sec. 18c-4502. Collective ratemaking.
    (1) Application for approval. Any carrier party to an
agreement between or among 2 or more carriers relating to
rates, fares, classifications, divisions, allowances, or
charges (including charges between carriers and compensation
paid or received for the use of facilities and equipment), or
rules and regulations pertaining thereto, or procedures for the
joint consideration, initiation, or establishment thereof,
whether such conference, bureau, committee, or other
organization be a "for-profit" or "not-for-profit" corporate
entity or whether or not such conference, bureau, committee or
other organization is or will be controlled by other businesses
may, under such rules and regulations as the Commission may
prescribe, apply to the Commission for approval of the
agreement, and the Commission shall by order approve any such
agreement, if approval thereof is not prohibited by subsection
(3), (4), or (5) of this Section, if it finds that, by reason
of furtherance of the State transportation policy declared in
Section 18c-1103 of this Chapter, the relief provided in
subsection (8) should apply with respect to the making and
carrying out of such agreement; otherwise the application shall
be denied. The approval of the Commission shall be granted only
upon such terms and conditions as the Commission may prescribe
as necessary to enable it to grant its approval in accordance
with the standard above set forth in this paragraph.
    (2) Accounts, reporting, and internal procedures. Each
conference, bureau, committee, or other organization
established or continued pursuant to any agreement approved by
the Commission under the provisions of this Section shall
maintain such accounts, records, files and memoranda and shall
submit to the Commission such reports, as may be prescribed by
the Commission, and all such accounts, records, files, and
memoranda shall be subject to inspection by the Commission or
its duly authorized representatives. Any conference, bureau
committee, or other organization described in subsection (1) of
this Section shall cause to be published notice of the final
disposition of any action taken by such entity together with a
concise statement of the reasons therefor therefore. The
Commission shall withhold approval of any agreement under this
Section unless the agreement specifies a reasonable period of
time within which proposals by parties to the agreement will be
finally acted upon by the conference, bureau, committee, or
other organization.
    (3) Matters which may be the subject of agreements approved
by the Commission. The Commission shall not approve under this
Section any agreement between or among carriers of different
classes unless it finds that such agreement is of the character
described in subsection (1) of this Section and is limited to
matters relating to transportation under joint rates or over
through routes. For purposes of this paragraph carriers by
railroad and express companies are carriers of one class;
carriers by motor vehicle are carriers of one class and
carriers by water are carriers of one class.
    (4) Non-applicability of Section to transfers. The
Commission shall not approve under this Section any agreement
which it finds is an agreement with respect to a pooling,
division, or other matter or transaction, to which Section
18c-4302 of this Chapter is applicable.
    (5) Independent action. The Commission shall not approve
under this Section any agreement which establishes a procedure
for the determination of any matter through joint consideration
unless it finds that under the agreement there is accorded to
each party the free and unrestrained right to take independent
action either before or after any determination arrived at
through such procedures. The Commission shall not find that
each party has a free and unrestrained right to take
independent action if the conference, bureau, committee, or
other organization is granted by the agreement any right to
engage in proceedings before the Commission or before any court
regarding any action taken by a party to an agreement
authorized by this Section, or by any other party providing or
seeking authority to provide transportation services.
    (6) Investigation of activities. The Commission is
authorized, upon complaint or upon its own initiative without
complaint, to investigate and determine whether any agreement
previously approved by it under this Section or terms and
conditions upon which such approval was granted, is not or are
not in conformity with the standard, set forth in subsection
(1), or whether any such terms and conditions are not necessary
for purposes of conformity with such standard, and, after such
investigation, the Commission shall by order terminate or
modify its approval of such agreement if it finds such action
necessary to insure conformity with such standard, and shall
modify the terms and conditions upon which such approval was
granted to the extent it finds necessary to insure conformity
with such standard or to the extent to which it finds such
terms and conditions not necessary to insure such conformity.
The effective date of any order terminating or modifying
approval, or modifying terms and conditions, shall be postponed
for such period as the Commission determines to be reasonably
necessary to avoid undue hardship.
    (7) Hearings and orders. No order shall be entered under
this Section except after interested parties have been afforded
reasonable opportunity for hearing.
    (8) Exemption from State antitrust laws. Parties to any
agreement approved by the Commission under this Section and
other persons are, if the approval of such agreement is not
prohibited by subsection (3), (4), or (5), hereby relieved from
the operation of the antitrust laws with respect to the making
of such agreement, and with respect to the carrying out of such
agreement in conformity with its provisions and in conformity
with the terms and conditions prescribed by the Commission.
    (9) Other laws not affected. Any action of the Commission
under this Section in approving an agreement, or in denying an
application for such approval, or in terminating or modifying
its approval of an agreement, or in prescribing the terms and
conditions upon which its approval is to be granted, or in
modifying such terms and conditions, shall be construed as
having effect solely with reference to the applicability of the
relief provisions of paragraph subsection (8) of this Section.
(Source: P.A. 84-796; revised 10-2-18.)
 
    (625 ILCS 5/18c-7401)  (from Ch. 95 1/2, par. 18c-7401)
    Sec. 18c-7401. Safety Requirements for Track, Facilities,
and Equipment.
    (1) General Requirements. Each rail carrier shall,
consistent with rules, orders, and regulations of the Federal
Railroad Administration, construct, maintain, and operate all
of its equipment, track, and other property in this State in
such a manner as to pose no undue risk to its employees or the
person or property of any member of the public.
    (2) Adoption of Federal Standards. The track safety
standards and accident/incident standards promulgated by the
Federal Railroad Administration shall be safety standards of
the Commission. The Commission may, in addition, adopt by
reference in its regulations other federal railroad safety
standards, whether contained in federal statutes or in
regulations adopted pursuant to such statutes.
    (3) Railroad Crossings. No public road, highway, or street
shall hereafter be constructed across the track of any rail
carrier at grade, nor shall the track of any rail carrier be
constructed across a public road, highway or street at grade,
without having first secured the permission of the Commission;
provided, that this Section shall not apply to the replacement
of lawfully existing roads, highways, and tracks. No public
pedestrian bridge or subway shall be constructed across the
track of any rail carrier without having first secured the
permission of the Commission. The Commission shall have the
right to refuse its permission or to grant it upon such terms
and conditions as it may prescribe. The Commission shall have
power to determine and prescribe the manner, including the
particular point of crossing, and the terms of installation,
operation, maintenance, use, and protection of each such
crossing.
    The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages, and incorporated towns of 1,000,000
or more inhabitants, to vacate and close that part of the
highway on such crossing altered or abolished and cause
barricades to be erected across such highway in such manner as
to prevent the use of such crossing as a highway, when, in the
opinion of the Commission, the public convenience served by the
crossing in question is not such as to justify the further
retention thereof; or to require a separation of grades, at
railroad-highway grade crossings; or to require a separation of
grades at any proposed crossing where a proposed public highway
may cross the tracks of any rail carrier or carriers; and to
prescribe, after a hearing of the parties, the terms upon which
such separations shall be made and the proportion in which the
expense of the alteration or abolition of such crossings or the
separation of such grades, having regard to the benefits, if
any, accruing to the rail carrier or any party in interest,
shall be divided between the rail carrier or carriers affected,
or between such carrier or carriers and the State, county,
municipality or other public authority in interest. However, a
public hearing by the Commission to abolish a crossing shall
not be required when the public highway authority in interest
vacates the highway. In such instance the rail carrier,
following notification to the Commission and the highway
authority, shall remove any grade crossing warning devices and
the grade crossing surface.
    The Commission shall also have power by its order to
require the reconstruction, minor alteration, minor
relocation, or improvement of any crossing (including the
necessary highway approaches thereto) of any railroad across
any highway or public road, pedestrian bridge, or pedestrian
subway, whether such crossing be at grade or by overhead
structure or by subway, whenever the Commission finds after a
hearing or without a hearing as otherwise provided in this
paragraph that such reconstruction, alteration, relocation, or
improvement is necessary to preserve or promote the safety or
convenience of the public or of the employees or passengers of
such rail carrier or carriers. By its original order or
supplemental orders in such case, the Commission may direct
such reconstruction, alteration, relocation, or improvement to
be made in such manner and upon such terms and conditions as
may be reasonable and necessary and may apportion the cost of
such reconstruction, alteration, relocation, or improvement
and the subsequent maintenance thereof, having regard to the
benefits, if any, accruing to the railroad or any party in
interest, between the rail carrier or carriers and public
utilities affected, or between such carrier or carriers and
public utilities and the State, county, municipality or other
public authority in interest. The cost to be so apportioned
shall include the cost of changes or alterations in the
equipment of public utilities affected as well as the cost of
the relocation, diversion or establishment of any public
highway, made necessary by such reconstruction, alteration,
relocation, or improvement of said crossing. A hearing shall
not be required in those instances when the Commission enters
an order confirming a written stipulation in which the
Commission, the public highway authority or other public
authority in interest, the rail carrier or carriers affected,
and in instances involving the use of the Grade Crossing
Protection Fund, the Illinois Department of Transportation,
agree on the reconstruction, alteration, relocation, or
improvement and the subsequent maintenance thereof and the
division of costs of such changes of any grade crossing
(including the necessary highway approaches thereto) of any
railroad across any highway, pedestrian bridge, or pedestrian
subway.
    Every rail carrier operating in the State of Illinois shall
construct and maintain every highway crossing over its tracks
within the State so that the roadway at the intersection shall
be as flush with the rails as superelevated curves will allow,
and, unless otherwise ordered by the Commission, shall
construct and maintain the approaches thereto at a grade of not
more than 5% within the right of way for a distance of not less
the 6 feet on each side of the centerline of such tracks;
provided, that the grades at the approaches may be maintained
in excess of 5% only when authorized by the Commission.
    Every rail carrier operating within this State shall remove
from its right of way at all railroad-highway grade crossings
within the State, such brush, shrubbery, and trees as is
reasonably practical for a distance of not less than 500 feet
in either direction from each grade crossing. The Commission
shall have power, upon its own motion, or upon complaint, and
after having made proper investigation, to require the
installation of adequate and appropriate luminous reflective
warning signs, luminous flashing signals, crossing gates
illuminated at night, or other protective devices in order to
promote and safeguard the health and safety of the public.
Luminous flashing signal or crossing gate devices installed at
grade crossings, which have been approved by the Commission,
shall be deemed adequate and appropriate. The Commission shall
have authority to determine the number, type, and location of
such signs, signals, gates, or other protective devices which,
however, shall conform as near as may be with generally
recognized national standards, and the Commission shall have
authority to prescribe the division of the cost of the
installation and subsequent maintenance of such signs,
signals, gates, or other protective devices between the rail
carrier or carriers, the public highway authority or other
public authority in interest, and in instances involving the
use of the Grade Crossing Protection Fund, the Illinois
Department of Transportation. Except where train crews provide
flagging of the crossing to road users, yield signs shall be
installed at all highway intersections with every grade
crossing in this State that is not equipped with automatic
warning devices, such as luminous flashing signals or crossing
gate devices. A stop sign may be used in lieu of the yield sign
when an engineering study conducted in cooperation with the
highway authority and the Illinois Department of
Transportation has determined that a stop sign is warranted. If
the Commission has ordered the installation of luminous
flashing signal or crossing gate devices at a grade crossing
not equipped with active warning devices, the Commission shall
order the installation of temporary stop signs at the highway
intersection with the grade crossing unless an engineering
study has determined that a stop sign is not appropriate. If a
stop sign is not appropriate, the Commission may order the
installation of other appropriate supplemental signing as
determined by an engineering study. The temporary signs shall
remain in place until the luminous flashing signal or crossing
gate devices have been installed. The rail carrier is
responsible for the installation and subsequent maintenance of
any required signs. The permanent signs shall be in place by
July 1, 2011.
    No railroad may change or modify the warning device system
at a railroad-highway grade crossing, including warning
systems interconnected with highway traffic control signals,
without having first received the approval of the Commission.
The Commission shall have the further power, upon application,
upon its own motion, or upon complaint and after having made
proper investigation, to require the interconnection of grade
crossing warning devices with traffic control signals at
highway intersections located at or near railroad crossings
within the distances described by the State Manual on Uniform
Traffic Control Devices adopted pursuant to Section 11-301 of
this Code. In addition, State and local authorities may not
install, remove, modernize, or otherwise modify traffic
control signals at a highway intersection that is
interconnected or proposed to be interconnected with grade
crossing warning devices when the change affects the number,
type, or location of traffic control devices on the track
approach leg or legs of the intersection or the timing of the
railroad preemption sequence of operation until the Commission
has approved the installation, removal, modernization, or
modification. Commission approval shall be limited to
consideration of issues directly affecting the public safety at
the railroad-highway grade crossing. The electrical circuit
devices, alternate warning devices, and preemption sequences
shall conform as nearly as possible, considering the particular
characteristics of the crossing and intersection area, to the
State manual adopted by the Illinois Department of
Transportation pursuant to Section 11-301 of this Code and such
federal standards as are made applicable by subsection (2) of
this Section. In order to carry out this authority, the
Commission shall have the authority to determine the number,
type, and location of traffic control devices on the track
approach leg or legs of the intersection and the timing of the
railroad preemption sequence of operation. The Commission
shall prescribe the division of costs for installation and
maintenance of all devices required by this paragraph between
the railroad or railroads and the highway authority in interest
and in instances involving the use of the Grade Crossing
Protection Fund or a State highway, the Illinois Department of
Transportation.
    Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate, or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not less
than $50 nor more than $200 for each offense. In addition to
fines levied under the provisions of this Section a person
adjudged guilty hereunder may also be directed to make
restitution for the costs of repair or replacement, or both,
necessitated by his misconduct.
    It is the public policy of the State of Illinois to enhance
public safety by establishing safe grade crossings. In order to
implement this policy, the Illinois Commerce Commission is
directed to conduct public hearings and to adopt specific
criteria by July 1, 1994, that shall be adhered to by the
Illinois Commerce Commission in determining if a grade crossing
should be opened or abolished. The following factors shall be
considered by the Illinois Commerce Commission in developing
the specific criteria for opening and abolishing grade
crossings:
        (a) timetable speed of passenger trains;
        (b) distance to an alternate crossing;
        (c) accident history for the last 5 years;
        (d) number of vehicular traffic and posted speed
    limits;
        (e) number of freight trains and their timetable
    speeds;
        (f) the type of warning device present at the grade
    crossing;
        (g) alignments of the roadway and railroad, and the
    angle of intersection of those alignments;
        (h) use of the grade crossing by trucks carrying
    hazardous materials, vehicles carrying passengers for
    hire, and school buses; and
        (i) use of the grade crossing by emergency vehicles.
    The Illinois Commerce Commission, upon petition to open or
abolish a grade crossing, shall enter an order opening or
abolishing the crossing if it meets the specific criteria
adopted by the Commission.
    Except as otherwise provided in this subsection (3), in no
instance shall a grade crossing be permanently closed without
public hearing first being held and notice of such hearing
being published in an area newspaper of local general
circulation.
    (4) Freight Trains; Radio Trains - Radio Communications.
The Commission shall after hearing and order require that every
main line railroad freight train operating on main tracks
outside of yard limits within this State shall be equipped with
a radio communication system. The Commission after notice and
hearing may grant exemptions from the requirements of this
Section as to secondary and branch lines.
    (5) Railroad Bridges and Trestles; Walkway Trestles -
Walkway and Handrail. In cases in which the Commission finds
the same to be practical and necessary for safety of railroad
employees, bridges and trestles, over and upon which railroad
trains are operated, shall include as a part thereof, a safe
and suitable walkway and handrail on one side only of such
bridge or trestle, and such handrail shall be located at the
outer edge of the walkway and shall provide a clearance of not
less than 8 feet, 6 inches, from the center line of the nearest
track, measured at right angles thereto.
    (6) Packages Containing Articles for First Aid to Injured
on Trains.
        (a) All rail carriers shall provide a first aid kit
    that contains, at a minimum, those articles prescribed by
    the Commission, on each train or engine, for first aid to
    persons who may be injured in the course of the operation
    of such trains.
        (b) A vehicle, excluding a taxi cab used in an
    emergency situation, operated by a contract carrier
    transporting railroad employees in the course of their
    employment shall be equipped with a readily available first
    aid kit that contains, as a minimum, the same articles that
    are required on each train or engine.
    (7) Abandoned Bridges, Crossings, and Other Rail Plant. The
Commission shall have authority, after notice and hearing, to
order:
        (a) the The removal of any abandoned railroad tracks
    from roads, streets or other thoroughfares in this State;
    and
        (b) the The removal of abandoned overhead railroad
    structures crossing highways, waterways, or railroads.
    The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public utilities,
and the State, county, municipality, township, road district,
or other public authority in interest.
    (8) Railroad-Highway Bridge Clearance. A vertical
clearance of not less than 23 feet above the top of rail shall
be provided for all new or reconstructed highway bridges
constructed over a railroad track. The Commission may permit a
lesser clearance if it determines that the 23-foot 23 foot
clearance standard cannot be justified based on engineering,
operational, and economic conditions.
    (9) Right of Access To Railroad Property.
        (a) A community antenna television company franchised
    by a municipality or county pursuant to the Illinois
    Municipal Code or the Counties Code, respectively, shall
    not enter upon any real estate or rights-of-way in the
    possession or control of a railroad subject to the
    jurisdiction of the Illinois Commerce Commission unless
    the community antenna television company first complies
    with the applicable provisions of subparagraph (f) of
    Section 11-42-11.1 of the Illinois Municipal Code or
    subparagraph (f) of Section 5-1096 of the Counties Code.
        (b) Notwithstanding any provision of law to the
    contrary, this subsection (9) applies to all entries of
    railroad rights-of-way involving a railroad subject to the
    jurisdiction of the Illinois Commerce Commission by a
    community antenna television company and shall govern in
    the event of any conflict with any other provision of law.
        (c) This subsection (9) applies to any entry upon any
    real estate or right-of-way in the possession or control of
    a railroad subject to the jurisdiction of the Illinois
    Commerce Commission for the purpose of or in connection
    with the construction, or installation of a community
    antenna television company's system or facilities
    commenced or renewed on or after August 22, 2017 (the
    effective date of Public Act 100-251) this amendatory Act
    of the 100th General Assembly.
        (d) Nothing in Public Act 100-251 this amendatory Act
    of the 100th General Assembly shall be construed to prevent
    a railroad from negotiating other terms and conditions or
    the resolution of any dispute in relation to an entry upon
    or right of access as set forth in this subsection (9).
        (e) For purposes of this subsection (9):
        "Broadband service", "cable operator", and "holder"
    have the meanings given to those terms under Section 21-201
    of the Public Utilities Act.
        "Community antenna television company" includes, in
    the case of real estate or rights-of-way in possession of
    or in control of a railroad, a holder, cable operator, or
    broadband service provider.
        (f) Beginning on August 22, 2017 (the effective date of
    Public Act 100-251) this amendatory Act of the 100th
    General Assembly, the Transportation Division of the
    Illinois Commerce Commission shall include in its annual
    Crossing Safety Improvement Program report a brief
    description of the number of cases decided by the Illinois
    Commerce Commission and the number of cases that remain
    pending before the Illinois Commerce Commission under this
    subsection (9) for the period covered by the report.
(Source: P.A. 100-251, eff. 8-22-17; revised 10-3-18.)
 
    Section 680. The Juvenile Court Act of 1987 is amended by
changing Sections 2-4b, 2-17, 5-410, and 6-1 as follows:
 
    (705 ILCS 405/2-4b)
    Sec. 2-4b. Family Support Program services; hearing.
    (a) Any minor who is placed in the custody or guardianship
of the Department of Children and Family Services under Article
II of this Act on the basis of a petition alleging that the
minor is dependent because the minor was left at a psychiatric
hospital beyond medical necessity, and for whom an application
for the Family Support Program was pending with the Department
of Healthcare and Family Services or an active application was
being reviewed by the Department of Healthcare and Family
Services at the time the petition was filed, shall continue to
be considered eligible for services if all other eligibility
criteria are met.
    (b) The court shall conduct a hearing within 14 days upon
notification to all parties that an application for the Family
Support Program services has been approved and services are
available. At the hearing, the court shall determine whether to
vacate the custody or guardianship of the Department of
Children and Family Services and return the minor to the
custody of the respondent with Family Support Program services
or whether the minor shall continue to be in the custody or
guardianship of the Department of Children and Family Services
and decline the Family Support Program services. In making its
determination, the court shall consider the minor's best
interest, the involvement of the respondent in proceedings
under this Act, the involvement of the respondent in the
minor's treatment, the relationship between the minor and the
respondent, and any other factor the court deems relevant. If
the court vacates the custody or guardianship of the Department
of Children and Family Services and returns the minor to the
custody of the respondent with Family Support Services, the
Department of Healthcare and Family Services shall become
fiscally responsible for providing services to the minor. If
the court determines that the minor shall continue in the
custody of the Department of Children and Family Services, the
Department of Children and Family Services shall remain
fiscally responsible for providing services to the minor, the
Family Support Services shall be declined, and the minor shall
no longer be eligible for Family Support Services.
    (c) This Section does not apply to a minor:
        (1) for whom a petition has been filed under this Act
    alleging that he or she is an abused or neglected minor;
        (2) for whom the court has made a finding that he or
    she is an abused or neglected minor under this Act; or
        (3) who is in the temporary custody of the Department
    of Children and Family Services and the minor has been the
    subject of an indicated allegation of abuse or neglect,
    other than for psychiatric lockout lock-out, where a
    respondent was the perpetrator within 5 years of the filing
    of the pending petition.
(Source: P.A. 100-978, eff. 8-19-18; revised 10-3-18.)
 
    (705 ILCS 405/2-17)  (from Ch. 37, par. 802-17)
    Sec. 2-17. Guardian ad litem.
    (1) Immediately upon the filing of a petition alleging that
the minor is a person described in Sections 2-3 or 2-4 of this
Article, the court shall appoint a guardian ad litem for the
minor if:
        (a) such petition alleges that the minor is an abused
    or neglected child; or
        (b) such petition alleges that charges alleging the
    commission of any of the sex offenses defined in Article 11
    or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
    Criminal Code of 1961 or the Criminal Code of 2012, have
    been filed against a defendant in any court and that such
    minor is the alleged victim of the acts of defendant in the
    commission of such offense.
    Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law, he shall be represented in
the performance of his duties by counsel. The guardian ad litem
shall represent the best interests of the minor and shall
present recommendations to the court consistent with that duty.
    (2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if:
        (a) no parent, guardian, custodian or relative of the
    minor appears at the first or any subsequent hearing of the
    case;
        (b) the petition prays for the appointment of a
    guardian with power to consent to adoption; or
        (c) the petition for which the minor is before the
    court resulted from a report made pursuant to the Abused
    and Neglected Child Reporting Act.
    (3) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest
between the minor and his parents or other custodian or that it
is otherwise in the minor's best interest to do so.
    (4) Unless the guardian ad litem is an attorney, he shall
be represented by counsel.
    (5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be paid
from the general fund of the county.
    (6) A guardian ad litem appointed under this Section, shall
receive copies of any and all classified reports of child abuse
and neglect made under the Abused and Neglected Child Reporting
Act in which the minor who is the subject of a report under the
Abused and Neglected Child Reporting Act, is also the minor for
whom the guardian ad litem is appointed under this Section.
    (6.5) A guardian ad litem appointed under this Section or
attorney appointed under this Act, shall receive a copy of each
significant event report that involves the minor no later than
3 days after the Department learns of an event requiring a
significant event report to be written, or earlier as required
by Department rule.
    (7) The appointed guardian ad litem shall remain the
child's guardian ad litem throughout the entire juvenile trial
court proceedings, including permanency hearings and
termination of parental rights proceedings, unless there is a
substitution entered by order of the court.
    (8) The guardian ad litem or an agent of the guardian ad
litem shall have a minimum of one in-person contact with the
minor and one contact with one of the current foster parents or
caregivers prior to the adjudicatory hearing, and at least one
additional in-person contact with the child and one contact
with one of the current foster parents or caregivers after the
adjudicatory hearing but prior to the first permanency hearing
and one additional in-person contact with the child and one
contact with one of the current foster parents or caregivers
each subsequent year. For good cause shown, the judge may
excuse face-to-face interviews required in this subsection.
    (9) In counties with a population of 100,000 or more but
less than 3,000,000, each guardian ad litem must successfully
complete a training program approved by the Department of
Children and Family Services. The Department of Children and
Family Services shall provide training materials and documents
to guardians ad litem who are not mandated to attend the
training program. The Department of Children and Family
Services shall develop and distribute to all guardians ad litem
a bibliography containing information including but not
limited to the juvenile court process, termination of parental
rights, child development, medical aspects of child abuse, and
the child's need for safety and permanence.
(Source: P.A. 100-689, eff. 1-1-19; revised 10-3-18.)
 
    (705 ILCS 405/5-410)
    Sec. 5-410. Non-secure custody or detention.
    (1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
    (2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secure
secured custody is a matter of immediate and urgent necessity
for the protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. A minor under 13 years of age shall not be admitted,
kept, or detained in a detention facility unless a local youth
service provider, including a provider through the
Comprehensive Community Based Youth Services network, has been
contacted and has not been able to accept the minor. No minor
under 12 years of age shall be detained in a county jail or a
municipal lockup for more than 6 hours.
    (a-5) For a minor arrested or taken into custody for
vehicular hijacking or aggravated vehicular hijacking, a
previous finding of delinquency for vehicular hijacking or
aggravated vehicular hijacking shall be given greater weight in
determining whether secured custody of a minor is a matter of
immediate and urgent necessity for the protection of the minor
or of the person or property of another.
    (b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays, and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
    (b-4) The consultation required by paragraph subsection
(b-5) shall not be applicable if the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
utilizes a scorable detention screening instrument, which has
been developed with input by the State's Attorney, to determine
whether a minor should be detained, however, paragraph
subsection (b-5) shall still be applicable where no such
screening instrument is used or where the probation officer,
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
deviates from the screening instrument.
    (b-5) Subject to the provisions of paragraph subsection
(b-4), if a probation officer or detention officer (or other
public officer designated by the court in a county having
3,000,000 or more inhabitants) does not intend to detain a
minor for an offense which constitutes one of the following
offenses he or she shall consult with the State's Attorney's
Office prior to the release of the minor: first degree murder,
second degree murder, involuntary manslaughter, criminal
sexual assault, aggravated criminal sexual assault, aggravated
battery with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
12-3.05, aggravated or heinous battery involving permanent
disability or disfigurement or great bodily harm, robbery,
aggravated robbery, armed robbery, vehicular hijacking,
aggravated vehicular hijacking, vehicular invasion, arson,
aggravated arson, kidnapping, aggravated kidnapping, home
invasion, burglary, or residential burglary.
    (c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
        (i) The period of detention is deemed to have begun
    once the minor has been placed in a locked room or cell or
    handcuffed to a stationary object in a building housing a
    county jail or municipal lockup. Time spent transporting a
    minor is not considered to be time in detention or secure
    custody.
        (ii) Any minor so confined shall be under periodic
    supervision and shall not be permitted to come into or
    remain in contact with adults in custody in the building.
        (iii) Upon placement in secure custody in a jail or
    lockup, the minor shall be informed of the purpose of the
    detention, the time it is expected to last and the fact
    that it cannot exceed the time specified under this Act.
        (iv) A log shall be kept which shows the offense which
    is the basis for the detention, the reasons and
    circumstances for the decision to detain, and the length of
    time the minor was in detention.
        (v) Violation of the time limit on detention in a
    county jail or municipal lockup shall not, in and of
    itself, render inadmissible evidence obtained as a result
    of the violation of this time limit. Minors under 18 years
    of age shall be kept separate from confined adults and may
    not at any time be kept in the same cell, room, or yard
    with adults confined pursuant to criminal law. Persons 18
    years of age and older who have a petition of delinquency
    filed against them may be confined in an adult detention
    facility. In making a determination whether to confine a
    person 18 years of age or older who has a petition of
    delinquency filed against the person, these factors, among
    other matters, shall be considered:
            (A) the The age of the person;
            (B) any Any previous delinquent or criminal
        history of the person;
            (C) any Any previous abuse or neglect history of
        the person; and
            (D) any Any mental health or educational history of
        the person, or both.
    (d) (i) If a minor 12 years of age or older is confined in a
county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound,
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays, and
court-designated court designated holidays. To accept or hold
minors during this time period, county jails shall comply with
all monitoring standards adopted by the Department of
Corrections and training standards approved by the Illinois Law
Enforcement Training Standards Board.
    (ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays, and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards adopted by the Department of
Corrections and training standards approved by the Illinois Law
Enforcement Training Standards Board.
    (iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all county juvenile detention standards
adopted by the Department of Juvenile Justice.
    (e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court may
enter an order directing that the juvenile be confined in the
county jail. However, any juvenile confined in the county jail
under this provision shall be separated from adults who are
confined in the county jail in such a manner that there will be
no contact by sight, sound or otherwise between the juvenile
and adult prisoners.
    (f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
    (g) For purposes of processing a minor, the minor may be
taken to a county jail County Jail or municipal lockup under
the direct and constant supervision of a law enforcement
officer or correctional officer. During such time as is
necessary to process the minor, and while supervised by a law
enforcement officer or correctional officer, the sight and
sound separation provisions shall not apply.
    (3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county having
3,000,000 or more inhabitants) determines that the minor may be
a delinquent minor as described in subsection (3) of Section
5-105, and should be retained in custody but does not require
physical restriction, the minor may be placed in non-secure
custody for up to 40 hours pending a detention hearing.
    (4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
    (5) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18;
revised 10-3-18.)
 
    (705 ILCS 405/6-1)  (from Ch. 37, par. 806-1)
    Sec. 6-1. Probation departments; functions and duties.
    (1) The chief judge of each circuit shall make provision
for probation services for each county in his or her circuit.
The appointment of officers to probation or court services
departments and the administration of such departments shall be
governed by the provisions of the Probation and Probation
Officers Act.
    (2) Every county or every group of counties constituting a
probation district shall maintain a court services or probation
department subject to the provisions of the Probation and
Probation Officers Act. For the purposes of this Act, such a
court services or probation department has, but is not limited
to, the following powers and duties:
        (a) When authorized or directed by the court, to
    receive, investigate and evaluate complaints indicating
    dependency, requirement of authoritative intervention,
    addiction or delinquency within the meaning of Sections
    2-3, 2-4, 3-3, 4-3, or 5-105, respectively; to determine or
    assist the complainant in determining whether a petition
    should be filed under Sections 2-13, 3-15, 4-12, or 5-520
    or whether referral should be made to an agency,
    association or other person or whether some other action is
    advisable; and to see that the indicating filing, referral
    or other action is accomplished. However, no such
    investigation, evaluation or supervision by such court
    services or probation department is to occur with regard to
    complaints indicating only that a minor may be a chronic or
    habitual truant.
        (a-1) To confer in a preliminary conference, with a
    view to adjusting suitable cases without the filing of a
    petition as provided for in Section 2-12 or Section 5-305.
        (b) When a petition is filed under Section 2-13, 3-15,
    4-15, or 5-520, to make pre-adjudicatory investigations
    and formulate recommendations to the court when the court
    has authorized or directed the department to do so.
        (b-1) When authorized or directed by the court, and
    with the consent of the party respondents and the State's
    Attorney, to confer in a pre-adjudicatory conference, with
    a view to adjusting suitable cases as provided for in
    Section 2-12 or Section 5-305.
        (c) To counsel and, by order of the court, to supervise
    minors referred to the court; to conduct indicated programs
    of casework, including referrals for medical and mental
    health service, organized recreation and job placement for
    wards of the court and, when appropriate, for members of
    the family of a ward; to act as liaison officer between the
    court and agencies or associations to which minors are
    referred or through which they are placed; when so
    appointed, to serve as guardian of the person of a ward of
    the court; to provide probation supervision and protective
    supervision ordered by the court; and to provide like
    services to wards and probationers of courts in other
    counties or jurisdictions who have lawfully become local
    residents.
        (d) To arrange for placements pursuant to court order.
        (e) To assume administrative responsibility for such
    detention, shelter care and other institutions for minors
    as the court may operate.
        (f) To maintain an adequate system of case records,
    statistical records, and financial records related to
    juvenile detention and shelter care and to make reports to
    the court and other authorized persons, and to the Supreme
    Court pursuant to the Probation and Probation Officers Act.
        (g) To perform such other services as may be
    appropriate to effectuate the purposes of this Act or as
    may be directed by any order of court made under this Act.
    (3) The court services or probation department in any
probation district or county having less than 1,000,000
inhabitants, or any personnel of the department, may be
required by the circuit court to render services to the court
in other matters as well as proceedings under this Act.
    (4) In any county or probation district, a probation
department may be established as a separate division of a more
inclusive department of court services, with any appropriate
divisional designation. The organization of any such
department of court services and the appointment of officers
and other personnel must comply with the Probation and
Probation Probations Officers Act.
    (5) For purposes of this Act only, probation officers
appointed to probation or court services departments shall be
considered peace officers. In the exercise of their official
duties, probation officers, sheriffs, and police officers may,
anywhere within the State, arrest any minor who is in violation
of any of the conditions of his or her probation, continuance
under supervision, or informal supervision, and it shall be the
duty of the officer making the arrest to take the minor before
the court having jurisdiction over the minor for further
action.
(Source: P.A. 98-892, eff. 1-1-15; revised 10-3-18.)
 
    Section 685. The Criminal Code of 2012 is amended by
changing Sections 3-6, 11-9.2, and 33G-6 as follows:
 
    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
    Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
    (a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
        (1) If the aggrieved person is a minor or a person
    under legal disability, then during the minority or legal
    disability or within one year after the termination
    thereof.
        (2) In any other instance, within one year after the
    discovery of the offense by an aggrieved person, or by a
    person who has legal capacity to represent an aggrieved
    person or has a legal duty to report the offense, and is
    not himself or herself a party to the offense; or in the
    absence of such discovery, within one year after the proper
    prosecuting officer becomes aware of the offense. However,
    in no such case is the period of limitation so extended
    more than 3 years beyond the expiration of the period
    otherwise applicable.
    (b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
    (b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years of the victim attaining the
age of 18 years.
    (c) (Blank).
    (d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for a
juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one year
of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense.
    (e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
    (f) A prosecution for any offense set forth in Section 44
of the Environmental Protection Act may be commenced within 5
years after the discovery of such an offense by a person or
agency having the legal duty to report the offense or in the
absence of such discovery, within 5 years after the proper
prosecuting officer becomes aware of the offense.
    (f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
    (g) (Blank).
    (h) (Blank).
    (i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense. If the
victim consented to the collection of evidence using an
Illinois State Police Sexual Assault Evidence Collection Kit
under the Sexual Assault Survivors Emergency Treatment Act, it
shall constitute reporting for purposes of this Section.
    Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (i-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced within 10
years of the commission of the offense if it arises out of the
same course of conduct and meets the criteria under one of the
offenses in subsection (i) of this Section.
    (j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse may be commenced at any time.
    (2) When the victim is under 18 years of age at the time of
the offense, a prosecution for failure of a person who is
required to report an alleged or suspected commission of
criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse, or felony criminal sexual abuse under
the Abused and Neglected Child Reporting Act may be commenced
within 20 years after the child victim attains 18 years of age.
    (3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
    (4) Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (j-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced at any
time if it arises out of the same course of conduct and meets
the criteria under one of the offenses in subsection (j) of
this Section.
    (k) (Blank).
    (l) A prosecution for any offense set forth in Section 26-4
of this Code may be commenced within one year after the
discovery of the offense by the victim of that offense.
    (l-5) A prosecution for any offense involving sexual
conduct or sexual penetration, as defined in Section 11-0.1 of
this Code, in which the victim was 18 years of age or older at
the time of the offense, may be commenced within one year after
the discovery of the offense by the victim when corroborating
physical evidence is available. The charging document shall
state that the statute of limitations is extended under this
subsection (l-5) and shall state the circumstances justifying
the extension. Nothing in this subsection (l-5) shall be
construed to shorten a period within which a prosecution must
be commenced under any other provision of this Section or
Section 3-5 of this Code.
    (m) The prosecution shall not be required to prove at trial
facts which extend the general limitations in Section 3-5 of
this Code when the facts supporting extension of the period of
general limitations are properly pled in the charging document.
Any challenge relating to the extension of the general
limitations period as defined in this Section shall be
exclusively conducted under Section 114-1 of the Code of
Criminal Procedure of 1963.
    (n) A prosecution for any offense set forth in subsection
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
Illinois Public Aid Code, in which the total amount of money
involved is $5,000 or more, including the monetary value of
food stamps and the value of commodities under Section 16-1 of
this Code may be commenced within 5 years of the last act
committed in furtherance of the offense.
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
 
    (720 ILCS 5/11-9.2)
    Sec. 11-9.2. Custodial sexual misconduct.
    (a) A person commits custodial sexual misconduct when: (1)
he or she is an employee of a penal system and engages in
sexual conduct or sexual penetration with a person who is in
the custody of that penal system; (2) he or she is an employee
of a treatment and detention facility and engages in sexual
conduct or sexual penetration with a person who is in the
custody of that treatment and detention facility; or (3) he or
she is an employee of a law enforcement agency and engages in
sexual conduct or sexual penetration with a person who is in
the custody of a law enforcement agency or employee.
    (b) A probation or supervising officer, surveillance
agent, or aftercare specialist commits custodial sexual
misconduct when the probation or supervising officer,
surveillance agent, or aftercare specialist engages in sexual
conduct or sexual penetration with a probationer, parolee, or
releasee or person serving a term of conditional release who is
under the supervisory, disciplinary, or custodial authority of
the officer or agent or employee so engaging in the sexual
conduct or sexual penetration.
    (c) Custodial sexual misconduct is a Class 3 felony.
    (d) Any person convicted of violating this Section
immediately shall forfeit his or her employment with a law
enforcement agency, a penal system, a treatment and detention
facility, or a conditional release program.
    (e) In this Section, the consent of the probationer,
parolee, releasee, inmate in custody of the penal system or
person detained or civilly committed under the Sexually Violent
Persons Commitment Act, or a person in the custody of a law
enforcement agency or employee shall not be a defense to a
prosecution under this Section. A person is deemed incapable of
consent, for purposes of this Section, when he or she is a
probationer, parolee, releasee, inmate in custody of a penal
system or person detained or civilly committed under the
Sexually Violent Persons Commitment Act, or a person in the
custody of a law enforcement agency or employee.
    (f) This Section does not apply to:
        (1) Any employee, probation or supervising officer,
    surveillance agent, or aftercare specialist who is
    lawfully married to a person in custody if the marriage
    occurred before the date of custody.
        (2) Any employee, probation or supervising officer,
    surveillance agent, or aftercare specialist who has no
    knowledge, and would have no reason to believe, that the
    person with whom he or she engaged in custodial sexual
    misconduct was a person in custody.
    (g) In this Section:
        (0.5) "Aftercare specialist" means any person employed
    by the Department of Juvenile Justice to supervise and
    facilitate services for persons placed on aftercare
    release.
        (1) "Custody" means:
            (i) pretrial incarceration or detention;
            (ii) incarceration or detention under a sentence
        or commitment to a State or local penal institution;
            (iii) parole, aftercare release, or mandatory
        supervised release;
            (iv) electronic monitoring or home detention;
            (v) probation;
            (vi) detention or civil commitment either in
        secure care or in the community under the Sexually
        Violent Persons Commitment Act; or
            (vii) detention detained or under arrest by a law
        enforcement agency or employee.
        (2) "Penal system" means any system which includes
    institutions as defined in Section 2-14 of this Code or a
    county shelter care or detention home established under
    Section 1 of the County Shelter Care and Detention Home
    Act.
        (2.1) "Treatment and detention facility" means any
    Department of Human Services facility established for the
    detention or civil commitment of persons under the Sexually
    Violent Persons Commitment Act.
        (2.2) "Conditional release" means a program of
    treatment and services, vocational services, and alcohol
    or other drug abuse treatment provided to any person
    civilly committed and conditionally released to the
    community under the Sexually Violent Persons Commitment
    Act;
        (3) "Employee" means:
            (i) an employee of any governmental agency of this
        State or any county or municipal corporation that has
        by statute, ordinance, or court order the
        responsibility for the care, control, or supervision
        of pretrial or sentenced persons in a penal system or
        persons detained or civilly committed under the
        Sexually Violent Persons Commitment Act;
            (ii) a contractual employee of a penal system as
        defined in paragraph (g)(2) of this Section who works
        in a penal institution as defined in Section 2-14 of
        this Code;
            (iii) a contractual employee of a "treatment and
        detention facility" as defined in paragraph (g)(2.1)
        of this Code or a contractual employee of the
        Department of Human Services who provides supervision
        of persons serving a term of conditional release as
        defined in paragraph (g)(2.2) of this Code; or
            (iv) an employee of a law enforcement agency.
        (3.5) "Law enforcement agency" means an agency of the
    State or of a unit of local government charged with
    enforcement of State, county, or municipal laws or with
    managing custody of detained persons in the State, but not
    including a State's Attorney.
        (4) "Sexual conduct" or "sexual penetration" means any
    act of sexual conduct or sexual penetration as defined in
    Section 11-0.1 of this Code.
        (5) "Probation officer" means any person employed in a
    probation or court services department as defined in
    Section 9b of the Probation and Probation Officers Act.
        (6) "Supervising officer" means any person employed to
    supervise persons placed on parole or mandatory supervised
    release with the duties described in Section 3-14-2 of the
    Unified Code of Corrections.
        (7) "Surveillance agent" means any person employed or
    contracted to supervise persons placed on conditional
    release in the community under the Sexually Violent Persons
    Commitment Act.
(Source: P.A. 100-431, eff. 8-25-17; 100-693, eff. 8-3-18;
revised 10-9-18.)
 
    (720 ILCS 5/33G-6)
    (Section scheduled to be repealed on June 11, 2022)
    Sec. 33G-6. Remedial proceedings, procedures, and
forfeiture. Under this Article:
    (a) Under this Article, the The circuit court shall have
jurisdiction to prevent and restrain violations of this Article
by issuing appropriate orders, including:
        (1) ordering any person to disgorge illicit proceeds
    obtained by a violation of this Article or divest himself
    or herself of any interest, direct or indirect, in any
    enterprise or real or personal property of any character,
    including money, obtained, directly or indirectly, by a
    violation of this Article;
        (2) imposing reasonable restrictions on the future
    activities or investments of any person or enterprise,
    including prohibiting any person or enterprise from
    engaging in the same type of endeavor as the person or
    enterprise engaged in, that violated this Article; or
        (3) ordering dissolution or reorganization of any
    enterprise, making due provision for the rights of innocent
    persons.
    (b) Any violation of this Article is subject to the
remedies, procedures, and forfeiture as set forth in Article
29B of this Code.
    (c) Property seized or forfeited under this Article is
subject to reporting under the Seizure and Forfeiture Reporting
Act.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
revised 10-3-18.)
 
    Section 690. The Illinois Controlled Substances Act is
amended by changing Sections 316, 320, and 411.2 as follows:
 
    (720 ILCS 570/316)
    Sec. 316. Prescription Monitoring Program.
    (a) The Department must provide for a Prescription
Monitoring Program for Schedule II, III, IV, and V controlled
substances that includes the following components and
requirements:
        (1) The dispenser must transmit to the central
    repository, in a form and manner specified by the
    Department, the following information:
            (A) The recipient's name and address.
            (B) The recipient's date of birth and gender.
            (C) The national drug code number of the controlled
        substance dispensed.
            (D) The date the controlled substance is
        dispensed.
            (E) The quantity of the controlled substance
        dispensed and days supply.
            (F) The dispenser's United States Drug Enforcement
        Administration registration number.
            (G) The prescriber's United States Drug
        Enforcement Administration registration number.
            (H) The dates the controlled substance
        prescription is filled.
            (I) The payment type used to purchase the
        controlled substance (i.e. Medicaid, cash, third party
        insurance).
            (J) The patient location code (i.e. home, nursing
        home, outpatient, etc.) for the controlled substances
        other than those filled at a retail pharmacy.
            (K) Any additional information that may be
        required by the department by administrative rule,
        including but not limited to information required for
        compliance with the criteria for electronic reporting
        of the American Society for Automation and Pharmacy or
        its successor.
        (2) The information required to be transmitted under
    this Section must be transmitted not later than the end of
    the next business day after the date on which a controlled
    substance is dispensed, or at such other time as may be
    required by the Department by administrative rule.
        (3) A dispenser must transmit the information required
    under this Section by:
            (A) an electronic device compatible with the
        receiving device of the central repository;
            (B) a computer diskette;
            (C) a magnetic tape; or
            (D) a pharmacy universal claim form or Pharmacy
        Inventory Control form. ;
        (4) The Department may impose a civil fine of up to
    $100 per day for willful failure to report controlled
    substance dispensing to the Prescription Monitoring
    Program. The fine shall be calculated on no more than the
    number of days from the time the report was required to be
    made until the time the problem was resolved, and shall be
    payable to the Prescription Monitoring Program.
    (b) The Department, by rule, may include in the
Prescription Monitoring Program certain other select drugs
that are not included in Schedule II, III, IV, or V. The
Prescription Monitoring Program does not apply to controlled
substance prescriptions as exempted under Section 313.
    (c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372. Long-term
care pharmacies shall transmit patient medication profiles to
the Prescription Monitoring Program monthly or more frequently
as established by administrative rule.
    (d) The Department of Human Services shall appoint a
full-time Clinical Director of the Prescription Monitoring
Program.
    (e) (Blank).
    (f) Within one year of January 1, 2008 (the effective date
of 100-564) this amendatory Act of the 100th General Assembly,
the Department shall adopt rules requiring all Electronic
Health Records Systems to interface with the Prescription
Monitoring Program application program on or before January 1,
2021 to ensure that all providers have access to specific
patient records during the treatment of their patients. These
rules shall also address the electronic integration of pharmacy
records with the Prescription Monitoring Program to allow for
faster transmission of the information required under this
Section. The Department shall establish actions to be taken if
a prescriber's Electronic Health Records System does not
effectively interface with the Prescription Monitoring Program
within the required timeline.
    (g) The Department, in consultation with the Advisory
Committee, shall adopt rules allowing licensed prescribers or
pharmacists who have registered to access the Prescription
Monitoring Program to authorize a licensed or non-licensed
designee employed in that licensed prescriber's office or a
licensed designee in a licensed pharmacist's pharmacy, and who
has received training in the federal Health Insurance
Portability and Accountability Act to consult the Prescription
Monitoring Program on their behalf. The rules shall include
reasonable parameters concerning a practitioner's authority to
authorize a designee, and the eligibility of a person to be
selected as a designee. In this subsection (g), "pharmacist"
shall include a clinical pharmacist employed by and designated
by a Medicaid Managed Care Organization providing services
under Article V of the Illinois Public Aid Code under a
contract with the Department of Healthcare Health and Family
Services for the sole purpose of clinical review of services
provided to persons covered by the entity under the contract to
determine compliance with subsections (a) and (b) of Section
314.5 of this Act. A managed care entity pharmacist shall
notify prescribers of review activities.
(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18;
100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff.
8-26-18; revised 10-9-18.)
 
    (720 ILCS 570/320)
    Sec. 320. Advisory committee.
    (a) There is created a Prescription Monitoring Program
Advisory Committee to assist the Department of Human Services
in implementing the Prescription Monitoring Program created by
this Article and to advise the Department on the professional
performance of prescribers and dispensers and other matters
germane to the advisory committee's field of competence.
    (b) The Prescription Monitoring Program Advisory Committee
shall consist of 16 members appointed by the Clinical Director
of the Prescription Monitoring Program composed of prescribers
and dispensers licensed to practice medicine in his or her
respective profession as follows: one family or primary care
physician; one pain specialist physician; 4 other physicians,
one of whom may be an ophthalmologist; 2 advanced practice
registered nurses; one physician assistant; one optometrist;
one dentist; one veterinarian; one clinical representative
from a statewide organization representing hospitals; and 3
pharmacists. The Advisory Committee members serving on August
26, 2018 (the effective date of Public Act 100-1093) this
amendatory Act of the 100th General Assembly shall continue to
serve until January 1, 2019. Prescriber and dispenser
nominations for membership on the Committee shall be submitted
by their respective professional associations. If there are
more nominees than membership positions for a prescriber or
dispenser category, as provided in this subsection (b), the
Clinical Director of the Prescription Monitoring Program shall
appoint a member or members for each profession as provided in
this subsection (b), from the nominations to serve on the
advisory committee. At the first meeting of the Committee in
2019 members shall draw lots for initial terms and 6 members
shall serve 3 years, 5 members shall serve 2 years, and 5
members shall serve one year. Thereafter, members shall serve
3-year 3 year terms. Members may serve more than one term but
no more than 3 terms. The Clinical Director of the Prescription
Monitoring Program may appoint a representative of an
organization representing a profession required to be
appointed. The Clinical Director of the Prescription
Monitoring Program shall serve as the Secretary of the
committee.
    (c) The advisory committee may appoint a chairperson and
other officers as it deems appropriate.
    (d) The members of the advisory committee shall receive no
compensation for their services as members of the advisory
committee, unless appropriated by the General Assembly, but may
be reimbursed for their actual expenses incurred in serving on
the advisory committee.
    (e) The advisory committee shall:
        (1) provide a uniform approach to reviewing this Act in
    order to determine whether changes should be recommended to
    the General Assembly;
        (2) review current drug schedules in order to manage
    changes to the administrative rules pertaining to the
    utilization of this Act;
        (3) review the following: current clinical guidelines
    developed by health care professional organizations on the
    prescribing of opioids or other controlled substances;
    accredited continuing education programs related to
    prescribing and dispensing; programs or information
    developed by health care professional organizations that
    may be used to assess patients or help ensure compliance
    with prescriptions; updates from the Food and Drug
    Administration, the Centers for Disease Control and
    Prevention, and other public and private organizations
    which are relevant to prescribing and dispensing; relevant
    medical studies; and other publications which involve the
    prescription of controlled substances;
        (4) make recommendations for inclusion of these
    materials or other studies which may be effective resources
    for prescribers and dispensers on the Internet website of
    the inquiry system established under Section 318;
        (5) semi-annually review the content of the Internet
    website of the inquiry system established pursuant to
    Section 318 to ensure this Internet website has the most
    current available information;
        (6) semi-annually review opportunities for federal
    grants and other forms of funding to support projects which
    will increase the number of pilot programs which integrate
    the inquiry system with electronic health records; and
        (7) semi-annually review communication to be sent to
    all registered users of the inquiry system established
    pursuant to Section 318, including recommendations for
    relevant accredited continuing education and information
    regarding prescribing and dispensing.
    (f) The Advisory Committee shall select from its members 11
members of the Peer Review Committee composed of: 6, and one
dentist,
        (1) 3 physicians;
        (2) 3 pharmacists;
        (3) one dentist;
        (4) one advanced practice registered nurse;
        (4.5) one veterinarian;
        (5) one physician assistant; and
        (6) one optometrist.
    The purpose of the Peer Review Committee is to establish a
formal peer review of professional performance of prescribers
and dispensers. The deliberations, information, and
communications of the Peer Review Committee are privileged and
confidential and shall not be disclosed in any manner except in
accordance with current law.
        (1) The Peer Review Committee shall periodically
    review the data contained within the prescription
    monitoring program to identify those prescribers or
    dispensers who may be prescribing or dispensing outside the
    currently accepted standard and practice of their
    profession. The Peer Review Committee member, whose
    profession is the same as the prescriber or dispenser being
    reviewed, shall prepare a preliminary report and
    recommendation for any non-action or action. The
    Prescription Monitoring Program Clinical Director and
    staff shall provide the necessary assistance and data as
    required.
        (2) The Peer Review Committee may identify prescribers
    or dispensers who may be prescribing outside the currently
    accepted medical standards in the course of their
    professional practice and send the identified prescriber
    or dispenser a request for information regarding their
    prescribing or dispensing practices. This request for
    information shall be sent via certified mail, return
    receipt requested. A prescriber or dispenser shall have 30
    days to respond to the request for information.
        (3) The Peer Review Committee shall refer a prescriber
    or a dispenser to the Department of Financial and
    Professional Regulation in the following situations:
            (i) if a prescriber or dispenser does not respond
        to three successive requests for information;
            (ii) in the opinion of a majority of members of the
        Peer Review Committee, the prescriber or dispenser
        does not have a satisfactory explanation for the
        practices identified by the Peer Review Committee in
        its request for information; or
            (iii) following communications with the Peer
        Review Committee, the prescriber or dispenser does not
        sufficiently rectify the practices identified in the
        request for information in the opinion of a majority of
        the members of the Peer Review Committee.
        (4) The Department of Financial and Professional
    Regulation may initiate an investigation and discipline in
    accordance with current laws and rules for any prescriber
    or dispenser referred by the Peer Review Committee peer
    review subcommittee.
        (5) The Peer Review Committee shall prepare an annual
    report starting on July 1, 2017. This report shall contain
    the following information: the number of times the Peer
    Review Committee was convened; the number of prescribers or
    dispensers who were reviewed by the Peer Review Committee;
    the number of requests for information sent out by the Peer
    Review Committee; and the number of prescribers or
    dispensers referred to the Department of Financial and
    Professional Regulation. The annual report shall be
    delivered electronically to the Department and to the
    General Assembly. The report to the General Assembly shall
    be filed with the Clerk of the House of Representatives and
    the Secretary of the Senate in electronic form only, in the
    manner that the Clerk and the Secretary shall direct. The
    report prepared by the Peer Review Committee shall not
    identify any prescriber, dispenser, or patient.
(Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18;
100-861, eff. 8-14-18; 100-1093, eff. 8-26-18; revised
10-3-18.)
 
    (720 ILCS 570/411.2)
    (Text of Section before amendment by P.A. 100-987)
    Sec. 411.2. (a) Every person convicted of a violation of
this Act, and every person placed on probation, conditional
discharge, supervision or probation under Section 410 of this
Act, shall be assessed for each offense a sum fixed at:
        (1) $3,000 for a Class X felony;
        (2) $2,000 for a Class 1 felony;
        (3) $1,000 for a Class 2 felony;
        (4) $500 for a Class 3 or Class 4 felony;
        (5) $300 for a Class A misdemeanor;
        (6) $200 for a Class B or Class C misdemeanor.
    (b) The assessment under this Section is in addition to and
not in lieu of any fines, restitution costs, forfeitures or
other assessments authorized or required by law.
    (c) As a condition of the assessment, the court may require
that payment be made in specified installments or within a
specified period of time. If the assessment is not paid within
the period of probation, conditional discharge or supervision
to which the defendant was originally sentenced, the court may
extend the period of probation, conditional discharge or
supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
Code of Corrections, as applicable, until the assessment is
paid or until successful completion of public or community
service set forth in subsection (e) or the successful
completion of the substance abuse intervention or treatment
program set forth in subsection (f). If a term of probation,
conditional discharge or supervision is not imposed, the
assessment shall be payable upon judgment or as directed by the
court.
    (d) If an assessment for a violation of this Act is imposed
on an organization, it is the duty of each individual
authorized to make disbursements of the assets of the
organization to pay the assessment from assets of the
organization.
    (e) A defendant who has been ordered to pay an assessment
may petition the court to convert all or part of the assessment
into court-approved public or community service. One hour of
public or community service shall be equivalent to $4 of
assessment. The performance of this public or community service
shall be a condition of the probation, conditional discharge or
supervision and shall be in addition to the performance of any
other period of public or community service ordered by the
court or required by law.
    (f) The court may suspend the collection of the assessment
imposed under this Section; provided the defendant agrees to
enter a substance abuse intervention or treatment program
approved by the court; and further provided that the defendant
agrees to pay for all or some portion of the costs associated
with the intervention or treatment program. In this case, the
collection of the assessment imposed under this Section shall
be suspended during the defendant's participation in the
approved intervention or treatment program. Upon successful
completion of the program, the defendant may apply to the court
to reduce the assessment imposed under this Section by any
amount actually paid by the defendant for his or her
participation in the program. The court shall not reduce the
penalty under this subsection unless the defendant establishes
to the satisfaction of the court that he or she has
successfully completed the intervention or treatment program.
If the defendant's participation is for any reason terminated
before his or her successful completion of the intervention or
treatment program, collection of the entire assessment imposed
under this Section shall be enforced. Nothing in this Section
shall be deemed to affect or suspend any other fines,
restitution costs, forfeitures or assessments imposed under
this or any other Act.
    (g) The court shall not impose more than one assessment per
complaint, indictment or information. If the person is
convicted of more than one offense in a complaint, indictment
or information, the assessment shall be based on the highest
class offense for which the person is convicted.
    (h) In counties under 3,000,000, all moneys collected under
this Section shall be forwarded by the clerk of the circuit
court to the State Treasurer for deposit in the Drug Treatment
Fund, which is hereby established as a special fund within the
State Treasury. The Department of Human Services may make
grants to persons licensed under Section 15-10 of the Substance
Use Disorder Act or to municipalities or counties from funds
appropriated to the Department from the Drug Treatment Fund for
the treatment of pregnant women who are addicted to alcohol,
cannabis or controlled substances and for the needed care of
minor, unemancipated children of women undergoing residential
drug treatment. If the Department of Human Services grants
funds to a municipality or a county that the Department
determines is not experiencing a problem with pregnant women
addicted to alcohol, cannabis or controlled substances, or with
care for minor, unemancipated children of women undergoing
residential drug treatment, or intervention, the funds shall be
used for the treatment of any person addicted to alcohol,
cannabis or controlled substances. The Department may adopt
such rules as it deems appropriate for the administration of
such grants.
    (i) In counties over 3,000,000, all moneys collected under
this Section shall be forwarded to the County Treasurer for
deposit into the County Health Fund. The County Treasurer
shall, no later than the 15th day of each month, forward to the
State Treasurer 30 percent of all moneys collected under this
Act and received into the County Health Fund since the prior
remittance to the State Treasurer. Funds retained by the County
shall be used for community-based treatment of pregnant women
who are addicted to alcohol, cannabis, or controlled substances
or for the needed care of minor, unemancipated children of
these women. Funds forwarded to the State Treasurer shall be
deposited into the State Drug Treatment Fund maintained by the
State Treasurer from which the Department of Human Services may
make grants to persons licensed under Section 15-10 of the
Substance Use Disorder Act or to municipalities or counties
from funds appropriated to the Department from the Drug
Treatment Fund, provided that the moneys collected from each
county be returned proportionately to the counties through
grants to licensees located within the county from which the
assessment was received and moneys in the State Drug Treatment
Fund shall not supplant other local, State or federal funds. If
the Department of Human Services grants funds to a municipality
or county that the Department determines is not experiencing a
problem with pregnant women addicted to alcohol, cannabis or
controlled substances, or with care for minor, unemancipated
children or women undergoing residential drug treatment, the
funds shall be used for the treatment of any person addicted to
alcohol, cannabis or controlled substances. The Department may
adopt such rules as it deems appropriate for the administration
of such grants.
(Source: P.A. 100-759, eff. 1-1-19.)
 
    (Text of Section after amendment by P.A. 100-987)
    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
    (a) (Blank).
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) The Drug Treatment Fund is hereby established as a
special fund within the State Treasury. The Department of Human
Services may make grants to persons licensed under Section
15-10 of the Substance Use Disorder Act or to municipalities or
counties from funds appropriated to the Department from the
Drug Treatment Fund for the treatment of pregnant women who are
addicted to alcohol, cannabis, or controlled substances and for
the needed care of minor, unemancipated children of women
undergoing residential drug treatment. If the Department of
Human Services grants funds to a municipality or a county that
the Department determines is not experiencing a problem with
pregnant women addicted to alcohol, cannabis, or controlled
substances, or with care for minor, unemancipated children of
women undergoing residential drug treatment, or intervention,
the funds shall be used for the treatment of any person
addicted to alcohol, cannabis, or controlled substances. The
Department may adopt such rules as it deems appropriate for the
administration of such grants.
    (i) (Blank). Substance Use Disorder Act
(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
revised 10-22-18.)
 
    Section 695. The Methamphetamine Control and Community
Protection Act is amended by changing Section 80 as follows:
 
    (720 ILCS 646/80)
    (Text of Section before amendment by P.A. 100-987)
    Sec. 80. Assessment.
    (a) Every person convicted of a violation of this Act, and
every person placed on probation, conditional discharge,
supervision, or probation under this Act, shall be assessed for
each offense a sum fixed at:
        (1) $3,000 for a Class X felony;
        (2) $2,000 for a Class 1 felony;
        (3) $1,000 for a Class 2 felony;
        (4) $500 for a Class 3 or Class 4 felony.
    (b) The assessment under this Section is in addition to and
not in lieu of any fines, restitution, costs, forfeitures, or
other assessments authorized or required by law.
    (c) As a condition of the assessment, the court may require
that payment be made in specified installments or within a
specified period of time. If the assessment is not paid within
the period of probation, conditional discharge, or supervision
to which the defendant was originally sentenced, the court may
extend the period of probation, conditional discharge, or
supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
Code of Corrections, as applicable, until the assessment is
paid or until successful completion of public or community
service set forth in subsection (e) or the successful
completion of the substance abuse intervention or treatment
program set forth in subsection (f). If a term of probation,
conditional discharge, or supervision is not imposed, the
assessment shall be payable upon judgment or as directed by the
court.
    (d) If an assessment for a violation of this Act is imposed
on an organization, it is the duty of each individual
authorized to make disbursements of the assets of the
organization to pay the assessment from assets of the
organization.
    (e) A defendant who has been ordered to pay an assessment
may petition the court to convert all or part of the assessment
into court-approved public or community service. One hour of
public or community service shall be equivalent to $4 of
assessment. The performance of this public or community service
shall be a condition of the probation, conditional discharge,
or supervision and shall be in addition to the performance of
any other period of public or community service ordered by the
court or required by law.
    (f) The court may suspend the collection of the assessment
imposed under this Section if the defendant agrees to enter a
substance abuse intervention or treatment program approved by
the court and the defendant agrees to pay for all or some
portion of the costs associated with the intervention or
treatment program. In this case, the collection of the
assessment imposed under this Section shall be suspended during
the defendant's participation in the approved intervention or
treatment program. Upon successful completion of the program,
the defendant may apply to the court to reduce the assessment
imposed under this Section by any amount actually paid by the
defendant for his or her participation in the program. The
court shall not reduce the penalty under this subsection unless
the defendant establishes to the satisfaction of the court that
he or she has successfully completed the intervention or
treatment program. If the defendant's participation is for any
reason terminated before his or her successful completion of
the intervention or treatment program, collection of the entire
assessment imposed under this Section shall be enforced.
Nothing in this Section shall be deemed to affect or suspend
any other fines, restitution costs, forfeitures, or
assessments imposed under this or any other Act.
    (g) The court shall not impose more than one assessment per
complaint, indictment, or information. If the person is
convicted of more than one offense in a complaint, indictment,
or information, the assessment shall be based on the highest
class offense for which the person is convicted.
    (h) In counties with a population under 3,000,000, all
moneys collected under this Section shall be forwarded by the
clerk of the circuit court to the State Treasurer for deposit
in the Drug Treatment Fund. The Department of Human Services
may make grants to persons licensed under Section 15-10 of the
Substance Use Disorder Act or to municipalities or counties
from funds appropriated to the Department from the Drug
Treatment Fund for the treatment of pregnant women who are
addicted to alcohol, cannabis or controlled substances and for
the needed care of minor, unemancipated children of women
undergoing residential drug treatment. If the Department of
Human Services grants funds to a municipality or a county that
the Department determines is not experiencing a problem with
pregnant women addicted to alcohol, cannabis or controlled
substances, or with care for minor, unemancipated children of
women undergoing residential drug treatment, or intervention,
the funds shall be used for the treatment of any person
addicted to alcohol, cannabis, or controlled substances. The
Department may adopt such rules as it deems appropriate for the
administration of such grants.
    (i) In counties with a population of 3,000,000 or more, all
moneys collected under this Section shall be forwarded to the
County Treasurer for deposit into the County Health Fund. The
County Treasurer shall, no later than the 15th day of each
month, forward to the State Treasurer 30 percent of all moneys
collected under this Act and received into the County Health
Fund since the prior remittance to the State Treasurer. Funds
retained by the County shall be used for community-based
treatment of pregnant women who are addicted to alcohol,
cannabis, or controlled substances or for the needed care of
minor, unemancipated children of these women. Funds forwarded
to the State Treasurer shall be deposited into the State Drug
Treatment Fund maintained by the State Treasurer from which the
Department of Human Services may make grants to persons
licensed under Section 15-10 of the Alcoholism and Other Drug
Abuse and Dependency Act or to municipalities or counties from
funds appropriated to the Department from the Drug Treatment
Fund, provided that the moneys collected from each county be
returned proportionately to the counties through grants to
licensees located within the county from which the assessment
was received and moneys in the State Drug Treatment Fund shall
not supplant other local, State or federal funds. If the
Department of Human Services grants funds to a municipality or
county that the Department determines is not experiencing a
problem with pregnant women addicted to alcohol, cannabis or
controlled substances, or with care for minor, unemancipated
children or women undergoing residential drug treatment, the
funds shall be used for the treatment of any person addicted to
alcohol, cannabis or controlled substances. The Department may
adopt such rules as it deems appropriate for the administration
of such grants.
(Source: P.A. 100-759, eff. 1-1-19.)
 
    (Text of Section after amendment by P.A. 100-987)
    Sec. 80. Drug treatment grants.
    (a) (Blank).
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) The Department of Human Services may make grants to
persons licensed under Section 15-10 of the Substance Use
Disorder Act or to municipalities or counties from funds
appropriated to the Department from the Drug Treatment Fund for
the treatment of pregnant women who are addicted to alcohol,
cannabis, or controlled substances and for the needed care of
minor, unemancipated children of women undergoing residential
drug treatment. If the Department of Human Services grants
funds to a municipality or a county that the Department
determines is not experiencing a problem with pregnant women
addicted to alcohol, cannabis, or controlled substances, or
with care for minor, unemancipated children of women undergoing
residential drug treatment, or intervention, the funds shall be
used for the treatment of any person addicted to alcohol,
cannabis, or controlled substances. The Department may adopt
such rules as it deems appropriate for the administration of
such grants.
    (i) (Blank).
(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
revised 10-12-18.)
 
    Section 700. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-17, 112A-4.5, and 112A-14 as
follows:
 
    (725 ILCS 5/110-17)  (from Ch. 38, par. 110-17)
    Sec. 110-17. Unclaimed bail deposits. Any sum of money
deposited by any person to secure his or her release from
custody which remains unclaimed by the person entitled to its
return for 3 years after the conditions of the bail bond have
been performed and the accused has been discharged from all
obligations in the cause shall be presumed to be abandoned and
subject to disposition under the Revised Uniform Unclaimed
Property Act.
    (a) (Blank).
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
(Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;
revised 10-3-18.)
 
    (725 ILCS 5/112A-4.5)
    Sec. 112A-4.5. Who may file petition.
    (a) A petition for a domestic violence order of protection
may be filed:
        (1) by a named victim who has been abused by a family
    or household member;
        (2) by any person or by the State's Attorney on behalf
    of a named victim who is a minor child or an adult who has
    been abused by a family or household member and who,
    because of age, health, disability, or inaccessibility,
    cannot file the petition; or
        (3) by a State's Attorney on behalf of any minor child
    or dependent adult in the care of the named victim, if the
    named victim does not file a petition or request the
    State's Attorney file the petition; or
        (4) (3) any of the following persons if the person is
    abused by a family or household member of a child:
            (i) a foster parent of that child if the child has
        been placed in the foster parent's home by the
        Department of Children and Family Services or by
        another state's public child welfare agency;
            (ii) a legally appointed guardian or legally
        appointed custodian of that child;
            (iii) an adoptive parent of that child;
            (iv) a prospective adoptive parent of that child if
        the child has been placed in the prospective adoptive
        parent's home pursuant to the Adoption Act or pursuant
        to another state's law.
    For purposes of this paragraph (a)(4) (3), individuals who
would have been considered "family or household members" of the
child under paragraph (3) of subsection (b) of Section 112A-3
before a termination of the parental rights with respect to the
child continue to meet the definition of "family or household
members" of the child.
    (b) A petition for a civil no contact order may be filed:
        (1) by any person who is a named victim of
    non-consensual sexual conduct or non-consensual sexual
    penetration, including a single incident of non-consensual
    sexual conduct or non-consensual sexual penetration;
        (2) by a person or by the State's Attorney on behalf of
    a named victim who is a minor child or an adult who is a
    victim of non-consensual sexual conduct or non-consensual
    sexual penetration but, because of age, disability,
    health, or inaccessibility, cannot file the petition; or
        (3) by a State's Attorney on behalf of any minor child
    who is a family or household member of the named victim, if
    the named victim does not file a petition or request the
    State's Attorney file the petition.
    (c) A petition for a stalking no contact order may be
filed:
        (1) by any person who is a named victim of stalking;
        (2) by a person or by the State's Attorney on behalf of
    a named victim who is a minor child or an adult who is a
    victim of stalking but, because of age, disability, health,
    or inaccessibility, cannot file the petition; or
        (3) by a State's Attorney on behalf of any minor child
    who is a family or household member of the named victim, if
    the named victim does not file a petition or request the
    State's Attorney file the petition.
    (d) The State's Attorney shall file a petition on behalf of
any person who may file a petition under subsections (a), (b),
or (c) of this Section if the person requests the State's
Attorney to file a petition on the person's behalf, unless the
State's Attorney has a good faith basis to delay filing the
petition. The State's Attorney shall inform the person that the
State's Attorney will not be filing the petition at that time
and that the person may file a petition or may retain an
attorney to file the petition. The State's Attorney may file
the petition at a later date.
    (d-5) (1) A person eligible to file a petition under
subsection (a), (b), or (c) of this Section may retain an
attorney to represent the petitioner on the petitioner's
request for a protective order. The attorney's representation
is limited to matters related to the petition and relief
authorized under this Article.
    (2) Advocates shall be allowed to accompany the petitioner
and confer with the victim, unless otherwise directed by the
court. Advocates are not engaged in the unauthorized practice
of law when providing assistance to the petitioner.
    (e) Any petition properly filed under this Article may seek
protection for any additional persons protected by this
Article.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18;
100-639, eff. 1-1-19; revised 8-20-18.)
 
    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
    Sec. 112A-14. Domestic violence order of protection;
remedies.
    (a) (Blank).
    (b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
shall be in addition to other civil or criminal remedies
available to petitioner.
        (1) Prohibition of abuse. Prohibit respondent's
    harassment, interference with personal liberty,
    intimidation of a dependent, physical abuse, or willful
    deprivation, as defined in this Article, if such abuse has
    occurred or otherwise appears likely to occur if not
    prohibited.
        (2) Grant of exclusive possession of residence.
    Prohibit respondent from entering or remaining in any
    residence, household, or premises of the petitioner,
    including one owned or leased by respondent, if petitioner
    has a right to occupancy thereof. The grant of exclusive
    possession of the residence, household, or premises shall
    not affect title to real property, nor shall the court be
    limited by the standard set forth in subsection (c-2) of
    Section 501 of the Illinois Marriage and Dissolution of
    Marriage Act.
            (A) Right to occupancy. A party has a right to
        occupancy of a residence or household if it is solely
        or jointly owned or leased by that party, that party's
        spouse, a person with a legal duty to support that
        party or a minor child in that party's care, or by any
        person or entity other than the opposing party that
        authorizes that party's occupancy (e.g., a domestic
        violence shelter). Standards set forth in subparagraph
        (B) shall not preclude equitable relief.
            (B) Presumption of hardships. If petitioner and
        respondent each has the right to occupancy of a
        residence or household, the court shall balance (i) the
        hardships to respondent and any minor child or
        dependent adult in respondent's care resulting from
        entry of this remedy with (ii) the hardships to
        petitioner and any minor child or dependent adult in
        petitioner's care resulting from continued exposure to
        the risk of abuse (should petitioner remain at the
        residence or household) or from loss of possession of
        the residence or household (should petitioner leave to
        avoid the risk of abuse). When determining the balance
        of hardships, the court shall also take into account
        the accessibility of the residence or household.
        Hardships need not be balanced if respondent does not
        have a right to occupancy.
            The balance of hardships is presumed to favor
        possession by petitioner unless the presumption is
        rebutted by a preponderance of the evidence, showing
        that the hardships to respondent substantially
        outweigh the hardships to petitioner and any minor
        child or dependent adult in petitioner's care. The
        court, on the request of petitioner or on its own
        motion, may order respondent to provide suitable,
        accessible, alternate housing for petitioner instead
        of excluding respondent from a mutual residence or
        household.
        (3) Stay away order and additional prohibitions. Order
    respondent to stay away from petitioner or any other person
    protected by the domestic violence order of protection, or
    prohibit respondent from entering or remaining present at
    petitioner's school, place of employment, or other
    specified places at times when petitioner is present, or
    both, if reasonable, given the balance of hardships.
    Hardships need not be balanced for the court to enter a
    stay away order or prohibit entry if respondent has no
    right to enter the premises.
            (A) If a domestic violence order of protection
        grants petitioner exclusive possession of the
        residence, prohibits respondent from entering the
        residence, or orders respondent to stay away from
        petitioner or other protected persons, then the court
        may allow respondent access to the residence to remove
        items of clothing and personal adornment used
        exclusively by respondent, medications, and other
        items as the court directs. The right to access shall
        be exercised on only one occasion as the court directs
        and in the presence of an agreed-upon adult third party
        or law enforcement officer.
            (B) When the petitioner and the respondent attend
        the same public, private, or non-public elementary,
        middle, or high school, the court when issuing a
        domestic violence order of protection and providing
        relief shall consider the severity of the act, any
        continuing physical danger or emotional distress to
        the petitioner, the educational rights guaranteed to
        the petitioner and respondent under federal and State
        law, the availability of a transfer of the respondent
        to another school, a change of placement or a change of
        program of the respondent, the expense, difficulty,
        and educational disruption that would be caused by a
        transfer of the respondent to another school, and any
        other relevant facts of the case. The court may order
        that the respondent not attend the public, private, or
        non-public elementary, middle, or high school attended
        by the petitioner, order that the respondent accept a
        change of placement or change of program, as determined
        by the school district or private or non-public school,
        or place restrictions on the respondent's movements
        within the school attended by the petitioner. The
        respondent bears the burden of proving by a
        preponderance of the evidence that a transfer, change
        of placement, or change of program of the respondent is
        not available. The respondent also bears the burden of
        production with respect to the expense, difficulty,
        and educational disruption that would be caused by a
        transfer of the respondent to another school. A
        transfer, change of placement, or change of program is
        not unavailable to the respondent solely on the ground
        that the respondent does not agree with the school
        district's or private or non-public school's transfer,
        change of placement, or change of program or solely on
        the ground that the respondent fails or refuses to
        consent or otherwise does not take an action required
        to effectuate a transfer, change of placement, or
        change of program. When a court orders a respondent to
        stay away from the public, private, or non-public
        school attended by the petitioner and the respondent
        requests a transfer to another attendance center
        within the respondent's school district or private or
        non-public school, the school district or private or
        non-public school shall have sole discretion to
        determine the attendance center to which the
        respondent is transferred. If the court order results
        in a transfer of the minor respondent to another
        attendance center, a change in the respondent's
        placement, or a change of the respondent's program, the
        parents, guardian, or legal custodian of the
        respondent is responsible for transportation and other
        costs associated with the transfer or change.
            (C) The court may order the parents, guardian, or
        legal custodian of a minor respondent to take certain
        actions or to refrain from taking certain actions to
        ensure that the respondent complies with the order. If
        the court orders a transfer of the respondent to
        another school, the parents, guardian, or legal
        custodian of the respondent is responsible for
        transportation and other costs associated with the
        change of school by the respondent.
        (4) Counseling. Require or recommend the respondent to
    undergo counseling for a specified duration with a social
    worker, psychologist, clinical psychologist, psychiatrist,
    family service agency, alcohol or substance abuse program,
    mental health center guidance counselor, agency providing
    services to elders, program designed for domestic violence
    abusers, or any other guidance service the court deems
    appropriate. The court may order the respondent in any
    intimate partner relationship to report to an Illinois
    Department of Human Services protocol approved partner
    abuse intervention program for an assessment and to follow
    all recommended treatment.
        (5) Physical care and possession of the minor child. In
    order to protect the minor child from abuse, neglect, or
    unwarranted separation from the person who has been the
    minor child's primary caretaker, or to otherwise protect
    the well-being of the minor child, the court may do either
    or both of the following: (i) grant petitioner physical
    care or possession of the minor child, or both, or (ii)
    order respondent to return a minor child to, or not remove
    a minor child from, the physical care of a parent or person
    in loco parentis.
        If the respondent is charged with abuse (as defined in
    Section 112A-3 of this Code) of a minor child, there shall
    be a rebuttable presumption that awarding physical care to
    respondent would not be in the minor child's best interest.
        (6) Temporary allocation of parental responsibilities
    and significant decision-making responsibilities. Award
    temporary significant decision-making responsibility to
    petitioner in accordance with this Section, the Illinois
    Marriage and Dissolution of Marriage Act, the Illinois
    Parentage Act of 2015, and this State's Uniform
    Child-Custody Jurisdiction and Enforcement Act.
        If the respondent is charged with abuse (as defined in
    Section 112A-3 of this Code) of a minor child, there shall
    be a rebuttable presumption that awarding temporary
    significant decision-making responsibility to respondent
    would not be in the child's best interest.
        (7) Parenting time. Determine the parenting time, if
    any, of respondent in any case in which the court awards
    physical care or temporary significant decision-making
    responsibility of a minor child to petitioner. The court
    shall restrict or deny respondent's parenting time with a
    minor child if the court finds that respondent has done or
    is likely to do any of the following:
            (i) abuse or endanger the minor child during
        parenting time;
            (ii) use the parenting time as an opportunity to
        abuse or harass petitioner or petitioner's family or
        household members;
            (iii) improperly conceal or detain the minor
        child; or
            (iv) otherwise act in a manner that is not in the
        best interests of the minor child.
        The court shall not be limited by the standards set
    forth in Section 603.10 of the Illinois Marriage and
    Dissolution of Marriage Act. If the court grants parenting
    time, the order shall specify dates and times for the
    parenting time to take place or other specific parameters
    or conditions that are appropriate. No order for parenting
    time shall refer merely to the term "reasonable parenting
    time". Petitioner may deny respondent access to the minor
    child if, when respondent arrives for parenting time,
    respondent is under the influence of drugs or alcohol and
    constitutes a threat to the safety and well-being of
    petitioner or petitioner's minor children or is behaving in
    a violent or abusive manner. If necessary to protect any
    member of petitioner's family or household from future
    abuse, respondent shall be prohibited from coming to
    petitioner's residence to meet the minor child for
    parenting time, and the petitioner and respondent shall
    submit to the court their recommendations for reasonable
    alternative arrangements for parenting time. A person may
    be approved to supervise parenting time only after filing
    an affidavit accepting that responsibility and
    acknowledging accountability to the court.
        (8) Removal or concealment of minor child. Prohibit
    respondent from removing a minor child from the State or
    concealing the child within the State.
        (9) Order to appear. Order the respondent to appear in
    court, alone or with a minor child, to prevent abuse,
    neglect, removal or concealment of the child, to return the
    child to the custody or care of the petitioner, or to
    permit any court-ordered interview or examination of the
    child or the respondent.
        (10) Possession of personal property. Grant petitioner
    exclusive possession of personal property and, if
    respondent has possession or control, direct respondent to
    promptly make it available to petitioner, if:
            (i) petitioner, but not respondent, owns the
        property; or
            (ii) the petitioner and respondent own the
        property jointly; sharing it would risk abuse of
        petitioner by respondent or is impracticable; and the
        balance of hardships favors temporary possession by
        petitioner.
        If petitioner's sole claim to ownership of the property
    is that it is marital property, the court may award
    petitioner temporary possession thereof under the
    standards of subparagraph (ii) of this paragraph only if a
    proper proceeding has been filed under the Illinois
    Marriage and Dissolution of Marriage Act, as now or
    hereafter amended.
        No order under this provision shall affect title to
    property.
        (11) Protection of property. Forbid the respondent
    from taking, transferring, encumbering, concealing,
    damaging, or otherwise disposing of any real or personal
    property, except as explicitly authorized by the court, if:
            (i) petitioner, but not respondent, owns the
        property; or
            (ii) the petitioner and respondent own the
        property jointly, and the balance of hardships favors
        granting this remedy.
        If petitioner's sole claim to ownership of the property
    is that it is marital property, the court may grant
    petitioner relief under subparagraph (ii) of this
    paragraph only if a proper proceeding has been filed under
    the Illinois Marriage and Dissolution of Marriage Act, as
    now or hereafter amended.
        The court may further prohibit respondent from
    improperly using the financial or other resources of an
    aged member of the family or household for the profit or
    advantage of respondent or of any other person.
        (11.5) Protection of animals. Grant the petitioner the
    exclusive care, custody, or control of any animal owned,
    possessed, leased, kept, or held by either the petitioner
    or the respondent or a minor child residing in the
    residence or household of either the petitioner or the
    respondent and order the respondent to stay away from the
    animal and forbid the respondent from taking,
    transferring, encumbering, concealing, harming, or
    otherwise disposing of the animal.
        (12) Order for payment of support. Order respondent to
    pay temporary support for the petitioner or any child in
    the petitioner's care or over whom the petitioner has been
    allocated parental responsibility, when the respondent has
    a legal obligation to support that person, in accordance
    with the Illinois Marriage and Dissolution of Marriage Act,
    which shall govern, among other matters, the amount of
    support, payment through the clerk and withholding of
    income to secure payment. An order for child support may be
    granted to a petitioner with lawful physical care of a
    child, or an order or agreement for physical care of a
    child, prior to entry of an order allocating significant
    decision-making responsibility. Such a support order shall
    expire upon entry of a valid order allocating parental
    responsibility differently and vacating petitioner's
    significant decision-making responsibility unless
    otherwise provided in the order.
        (13) Order for payment of losses. Order respondent to
    pay petitioner for losses suffered as a direct result of
    the abuse. Such losses shall include, but not be limited
    to, medical expenses, lost earnings or other support,
    repair or replacement of property damaged or taken,
    reasonable attorney's fees, court costs, and moving or
    other travel expenses, including additional reasonable
    expenses for temporary shelter and restaurant meals.
            (i) Losses affecting family needs. If a party is
        entitled to seek maintenance, child support, or
        property distribution from the other party under the
        Illinois Marriage and Dissolution of Marriage Act, as
        now or hereafter amended, the court may order
        respondent to reimburse petitioner's actual losses, to
        the extent that such reimbursement would be
        "appropriate temporary relief", as authorized by
        subsection (a)(3) of Section 501 of that Act.
            (ii) Recovery of expenses. In the case of an
        improper concealment or removal of a minor child, the
        court may order respondent to pay the reasonable
        expenses incurred or to be incurred in the search for
        and recovery of the minor child, including, but not
        limited to, legal fees, court costs, private
        investigator fees, and travel costs.
        (14) Prohibition of entry. Prohibit the respondent
    from entering or remaining in the residence or household
    while the respondent is under the influence of alcohol or
    drugs and constitutes a threat to the safety and well-being
    of the petitioner or the petitioner's children.
        (14.5) Prohibition of firearm possession.
            (A) A person who is subject to an existing domestic
        violence order of protection issued under this Code may
        not lawfully possess weapons under Section 8.2 of the
        Firearm Owners Identification Card Act.
            (B) Any firearms in the possession of the
        respondent, except as provided in subparagraph (C) of
        this paragraph (14.5), shall be ordered by the court to
        be turned over to a person with a valid Firearm Owner's
        Identification Card for safekeeping. The court shall
        issue an order that the respondent's Firearm Owner's
        Identification Card be turned over to the local law
        enforcement agency, which in turn shall immediately
        mail the card to the Department of State Police Firearm
        Owner's Identification Card Office for safekeeping.
        The period of safekeeping shall be for the duration of
        the domestic violence order of protection. The firearm
        or firearms and Firearm Owner's Identification Card,
        if unexpired, shall at the respondent's request be
        returned to the respondent at expiration of the
        domestic violence order of protection.
            (C) If the respondent is a peace officer as defined
        in Section 2-13 of the Criminal Code of 2012, the court
        shall order that any firearms used by the respondent in
        the performance of his or her duties as a peace officer
        be surrendered to the chief law enforcement executive
        of the agency in which the respondent is employed, who
        shall retain the firearms for safekeeping for the
        duration of the domestic violence order of protection.
            (D) Upon expiration of the period of safekeeping,
        if the firearms or Firearm Owner's Identification Card
        cannot be returned to respondent because respondent
        cannot be located, fails to respond to requests to
        retrieve the firearms, or is not lawfully eligible to
        possess a firearm, upon petition from the local law
        enforcement agency, the court may order the local law
        enforcement agency to destroy the firearms, use the
        firearms for training purposes, or for any other
        application as deemed appropriate by the local law
        enforcement agency; or that the firearms be turned over
        to a third party who is lawfully eligible to possess
        firearms, and who does not reside with respondent.
        (15) Prohibition of access to records. If a domestic
    violence order of protection prohibits respondent from
    having contact with the minor child, or if petitioner's
    address is omitted under subsection (b) of Section 112A-5
    of this Code, or if necessary to prevent abuse or wrongful
    removal or concealment of a minor child, the order shall
    deny respondent access to, and prohibit respondent from
    inspecting, obtaining, or attempting to inspect or obtain,
    school or any other records of the minor child who is in
    the care of petitioner.
        (16) Order for payment of shelter services. Order
    respondent to reimburse a shelter providing temporary
    housing and counseling services to the petitioner for the
    cost of the services, as certified by the shelter and
    deemed reasonable by the court.
        (17) Order for injunctive relief. Enter injunctive
    relief necessary or appropriate to prevent further abuse of
    a family or household member or to effectuate one of the
    granted remedies, if supported by the balance of hardships.
    If the harm to be prevented by the injunction is abuse or
    any other harm that one of the remedies listed in
    paragraphs (1) through (16) of this subsection is designed
    to prevent, no further evidence is necessary to establish
    that the harm is an irreparable injury.
        (18) Telephone services.
            (A) Unless a condition described in subparagraph
        (B) of this paragraph exists, the court may, upon
        request by the petitioner, order a wireless telephone
        service provider to transfer to the petitioner the
        right to continue to use a telephone number or numbers
        indicated by the petitioner and the financial
        responsibility associated with the number or numbers,
        as set forth in subparagraph (C) of this paragraph. In
        this paragraph (18), the term "wireless telephone
        service provider" means a provider of commercial
        mobile service as defined in 47 U.S.C. 332. The
        petitioner may request the transfer of each telephone
        number that the petitioner, or a minor child in his or
        her custody, uses. The clerk of the court shall serve
        the order on the wireless telephone service provider's
        agent for service of process provided to the Illinois
        Commerce Commission. The order shall contain all of the
        following:
                (i) The name and billing telephone number of
            the account holder including the name of the
            wireless telephone service provider that serves
            the account.
                (ii) Each telephone number that will be
            transferred.
                (iii) A statement that the provider transfers
            to the petitioner all financial responsibility for
            and right to the use of any telephone number
            transferred under this paragraph.
            (B) A wireless telephone service provider shall
        terminate the respondent's use of, and shall transfer
        to the petitioner use of, the telephone number or
        numbers indicated in subparagraph (A) of this
        paragraph unless it notifies the petitioner, within 72
        hours after it receives the order, that one of the
        following applies:
                (i) The account holder named in the order has
            terminated the account.
                (ii) A difference in network technology would
            prevent or impair the functionality of a device on
            a network if the transfer occurs.
                (iii) The transfer would cause a geographic or
            other limitation on network or service provision
            to the petitioner.
                (iv) Another technological or operational
            issue would prevent or impair the use of the
            telephone number if the transfer occurs.
            (C) The petitioner assumes all financial
        responsibility for and right to the use of any
        telephone number transferred under this paragraph. In
        this paragraph, "financial responsibility" includes
        monthly service costs and costs associated with any
        mobile device associated with the number.
            (D) A wireless telephone service provider may
        apply to the petitioner its routine and customary
        requirements for establishing an account or
        transferring a number, including requiring the
        petitioner to provide proof of identification,
        financial information, and customer preferences.
            (E) Except for willful or wanton misconduct, a
        wireless telephone service provider is immune from
        civil liability for its actions taken in compliance
        with a court order issued under this paragraph.
            (F) All wireless service providers that provide
        services to residential customers shall provide to the
        Illinois Commerce Commission the name and address of an
        agent for service of orders entered under this
        paragraph (18). Any change in status of the registered
        agent must be reported to the Illinois Commerce
        Commission within 30 days of such change.
            (G) The Illinois Commerce Commission shall
        maintain the list of registered agents for service for
        each wireless telephone service provider on the
        Commission's website. The Commission may consult with
        wireless telephone service providers and the Circuit
        Court Clerks on the manner in which this information is
        provided and displayed.
    (c) Relevant factors; findings.
        (1) In determining whether to grant a specific remedy,
    other than payment of support, the court shall consider
    relevant factors, including, but not limited to, the
    following:
            (i) the nature, frequency, severity, pattern, and
        consequences of the respondent's past abuse of the
        petitioner or any family or household member,
        including the concealment of his or her location in
        order to evade service of process or notice, and the
        likelihood of danger of future abuse to petitioner or
        any member of petitioner's or respondent's family or
        household; and
            (ii) the danger that any minor child will be abused
        or neglected or improperly relocated from the
        jurisdiction, improperly concealed within the State,
        or improperly separated from the child's primary
        caretaker.
        (2) In comparing relative hardships resulting to the
    parties from loss of possession of the family home, the
    court shall consider relevant factors, including, but not
    limited to, the following:
            (i) availability, accessibility, cost, safety,
        adequacy, location, and other characteristics of
        alternate housing for each party and any minor child or
        dependent adult in the party's care;
            (ii) the effect on the party's employment; and
            (iii) the effect on the relationship of the party,
        and any minor child or dependent adult in the party's
        care, to family, school, church, and community.
        (3) Subject to the exceptions set forth in paragraph
    (4) of this subsection (c), the court shall make its
    findings in an official record or in writing, and shall at
    a minimum set forth the following:
            (i) That the court has considered the applicable
        relevant factors described in paragraphs (1) and (2) of
        this subsection (c).
            (ii) Whether the conduct or actions of respondent,
        unless prohibited, will likely cause irreparable harm
        or continued abuse.
            (iii) Whether it is necessary to grant the
        requested relief in order to protect petitioner or
        other alleged abused persons.
        (4) (Blank).
        (5) Never married parties. No rights or
    responsibilities for a minor child born outside of marriage
    attach to a putative father until a father and child
    relationship has been established under the Illinois
    Parentage Act of 1984, the Illinois Parentage Act of 2015,
    the Illinois Public Aid Code, Section 12 of the Vital
    Records Act, the Juvenile Court Act of 1987, the Probate
    Act of 1975, the Uniform Interstate Family Support Act, the
    Expedited Child Support Act of 1990, any judicial,
    administrative, or other act of another state or territory,
    any other statute of this State, or by any foreign nation
    establishing the father and child relationship, any other
    proceeding substantially in conformity with the federal
    Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996, or when both parties appeared
    in open court or at an administrative hearing acknowledging
    under oath or admitting by affirmation the existence of a
    father and child relationship. Absent such an
    adjudication, no putative father shall be granted
    temporary allocation of parental responsibilities,
    including parenting time with the minor child, or physical
    care and possession of the minor child, nor shall an order
    of payment for support of the minor child be entered.
    (d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
    (e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
        (1) respondent has cause for any use of force, unless
    that cause satisfies the standards for justifiable use of
    force provided by Article 7 of the Criminal Code of 2012;
        (2) respondent was voluntarily intoxicated;
        (3) petitioner acted in self-defense or defense of
    another, provided that, if petitioner utilized force, such
    force was justifiable under Article 7 of the Criminal Code
    of 2012;
        (4) petitioner did not act in self-defense or defense
    of another;
        (5) petitioner left the residence or household to avoid
    further abuse by respondent;
        (6) petitioner did not leave the residence or household
    to avoid further abuse by respondent; or
        (7) conduct by any family or household member excused
    the abuse by respondent, unless that same conduct would
    have excused such abuse if the parties had not been family
    or household members.
(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;
100-388, eff. 1-1-18; 100-597, eff. 6-29-18; 100-863, eff.
8-14-18; 100-923, eff. 1-1-19; revised 10-18-18.)
 
    Section 705. The Rights of Crime Victims and Witnesses Act
is amended by changing Sections 4.5 and 6 as follows:
 
    (725 ILCS 120/4.5)
    Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges, and corrections will provide information,
as appropriate, of the following procedures:
    (a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
    (a-5) When law enforcement authorities reopen re-open a
closed case to resume investigating, they shall provide notice
of the reopening re-opening of the case, except where the
State's Attorney determines that disclosure of such
information would unreasonably interfere with the
investigation.
    (b) The office of the State's Attorney:
        (1) shall provide notice of the filing of an
    information, the return of an indictment, or the filing of
    a petition to adjudicate a minor as a delinquent for a
    violent crime;
        (2) shall provide timely notice of the date, time, and
    place of court proceedings; of any change in the date,
    time, and place of court proceedings; and of any
    cancellation of court proceedings. Notice shall be
    provided in sufficient time, wherever possible, for the
    victim to make arrangements to attend or to prevent an
    unnecessary appearance at court proceedings;
        (3) or victim advocate personnel shall provide
    information of social services and financial assistance
    available for victims of crime, including information of
    how to apply for these services and assistance;
        (3.5) or victim advocate personnel shall provide
    information about available victim services, including
    referrals to programs, counselors, and agencies that
    assist a victim to deal with trauma, loss, and grief;
        (4) shall assist in having any stolen or other personal
    property held by law enforcement authorities for
    evidentiary or other purposes returned as expeditiously as
    possible, pursuant to the procedures set out in Section
    115-9 of the Code of Criminal Procedure of 1963;
        (5) or victim advocate personnel shall provide
    appropriate employer intercession services to ensure that
    employers of victims will cooperate with the criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
        (6) shall provide, whenever possible, a secure waiting
    area during court proceedings that does not require victims
    to be in close proximity to defendants or juveniles accused
    of a violent crime, and their families and friends;
        (7) shall provide notice to the crime victim of the
    right to have a translator present at all court proceedings
    and, in compliance with the federal Americans with
    Disabilities Act of 1990, the right to communications
    access through a sign language interpreter or by other
    means;
        (8) (blank);
        (8.5) shall inform the victim of the right to be
    present at all court proceedings, unless the victim is to
    testify and the court determines that the victim's
    testimony would be materially affected if the victim hears
    other testimony at trial;
        (9) shall inform the victim of the right to have
    present at all court proceedings, subject to the rules of
    evidence and confidentiality, an advocate and other
    support person of the victim's choice;
        (9.3) shall inform the victim of the right to retain an
    attorney, at the victim's own expense, who, upon written
    notice filed with the clerk of the court and State's
    Attorney, is to receive copies of all notices, motions, and
    court orders filed thereafter in the case, in the same
    manner as if the victim were a named party in the case;
        (9.5) shall inform the victim of (A) the victim's right
    under Section 6 of this Act to make a statement at the
    sentencing hearing; (B) the right of the victim's spouse,
    guardian, parent, grandparent, and other immediate family
    and household members under Section 6 of this Act to
    present a statement at sentencing; and (C) if a presentence
    report is to be prepared, the right of the victim's spouse,
    guardian, parent, grandparent, and other immediate family
    and household members to submit information to the preparer
    of the presentence report about the effect the offense has
    had on the victim and the person;
        (10) at the sentencing shall make a good faith attempt
    to explain the minimum amount of time during which the
    defendant may actually be physically imprisoned. The
    Office of the State's Attorney shall further notify the
    crime victim of the right to request from the Prisoner
    Review Board or Department of Juvenile Justice information
    concerning the release of the defendant;
        (11) shall request restitution at sentencing and as
    part of a plea agreement if the victim requests
    restitution;
        (12) shall, upon the court entering a verdict of not
    guilty by reason of insanity, inform the victim of the
    notification services available from the Department of
    Human Services, including the statewide telephone number,
    under subparagraph (d)(2) of this Section;
        (13) shall provide notice within a reasonable time
    after receipt of notice from the custodian, of the release
    of the defendant on bail or personal recognizance or the
    release from detention of a minor who has been detained;
        (14) shall explain in nontechnical language the
    details of any plea or verdict of a defendant, or any
    adjudication of a juvenile as a delinquent;
        (15) shall make all reasonable efforts to consult with
    the crime victim before the Office of the State's Attorney
    makes an offer of a plea bargain to the defendant or enters
    into negotiations with the defendant concerning a possible
    plea agreement, and shall consider the written statement,
    if prepared prior to entering into a plea agreement. The
    right to consult with the prosecutor does not include the
    right to veto a plea agreement or to insist the case go to
    trial. If the State's Attorney has not consulted with the
    victim prior to making an offer or entering into plea
    negotiations with the defendant, the Office of the State's
    Attorney shall notify the victim of the offer or the
    negotiations within 2 business days and confer with the
    victim;
        (16) shall provide notice of the ultimate disposition
    of the cases arising from an indictment or an information,
    or a petition to have a juvenile adjudicated as a
    delinquent for a violent crime;
        (17) shall provide notice of any appeal taken by the
    defendant and information on how to contact the appropriate
    agency handling the appeal, and how to request notice of
    any hearing, oral argument, or decision of an appellate
    court;
        (18) shall provide timely notice of any request for
    post-conviction review filed by the defendant under
    Article 122 of the Code of Criminal Procedure of 1963, and
    of the date, time and place of any hearing concerning the
    petition. Whenever possible, notice of the hearing shall be
    given within 48 hours of the court's scheduling of the
    hearing; and
        (19) shall forward a copy of any statement presented
    under Section 6 to the Prisoner Review Board or Department
    of Juvenile Justice to be considered in making a
    determination under Section 3-2.5-85 or subsection (b) of
    Section 3-3-8 of the Unified Code of Corrections.
    (c) The court shall ensure that the rights of the victim
are afforded.
    (c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
        (1) Written notice. A victim may complete a written
    notice of intent to assert rights on a form prepared by the
    Office of the Attorney General and provided to the victim
    by the State's Attorney. The victim may at any time provide
    a revised written notice to the State's Attorney. The
    State's Attorney shall file the written notice with the
    court. At the beginning of any court proceeding in which
    the right of a victim may be at issue, the court and
    prosecutor shall review the written notice to determine
    whether the victim has asserted the right that may be at
    issue.
        (2) Victim's retained attorney. A victim's attorney
    shall file an entry of appearance limited to assertion of
    the victim's rights. Upon the filing of the entry of
    appearance and service on the State's Attorney and the
    defendant, the attorney is to receive copies of all
    notices, motions and court orders filed thereafter in the
    case.
        (3) Standing. The victim has standing to assert the
    rights enumerated in subsection (a) of Article I, Section
    8.1 of the Illinois Constitution and the statutory rights
    under Section 4 of this Act in any court exercising
    jurisdiction over the criminal case. The prosecuting
    attorney, a victim, or the victim's retained attorney may
    assert the victim's rights. The defendant in the criminal
    case has no standing to assert a right of the victim in any
    court proceeding, including on appeal.
        (4) Assertion of and enforcement of rights.
            (A) The prosecuting attorney shall assert a
        victim's right or request enforcement of a right by
        filing a motion or by orally asserting the right or
        requesting enforcement in open court in the criminal
        case outside the presence of the jury. The prosecuting
        attorney shall consult with the victim and the victim's
        attorney regarding the assertion or enforcement of a
        right. If the prosecuting attorney decides not to
        assert or enforce a victim's right, the prosecuting
        attorney shall notify the victim or the victim's
        attorney in sufficient time to allow the victim or the
        victim's attorney to assert the right or to seek
        enforcement of a right.
            (B) If the prosecuting attorney elects not to
        assert a victim's right or to seek enforcement of a
        right, the victim or the victim's attorney may assert
        the victim's right or request enforcement of a right by
        filing a motion or by orally asserting the right or
        requesting enforcement in open court in the criminal
        case outside the presence of the jury.
            (C) If the prosecuting attorney asserts a victim's
        right or seeks enforcement of a right, and the court
        denies the assertion of the right or denies the request
        for enforcement of a right, the victim or victim's
        attorney may file a motion to assert the victim's right
        or to request enforcement of the right within 10 days
        of the court's ruling. The motion need not demonstrate
        the grounds for a motion for reconsideration. The court
        shall rule on the merits of the motion.
            (D) The court shall take up and decide any motion
        or request asserting or seeking enforcement of a
        victim's right without delay, unless a specific time
        period is specified by law or court rule. The reasons
        for any decision denying the motion or request shall be
        clearly stated on the record.
        (5) Violation of rights and remedies.
            (A) If the court determines that a victim's right
        has been violated, the court shall determine the
        appropriate remedy for the violation of the victim's
        right by hearing from the victim and the parties,
        considering all factors relevant to the issue, and then
        awarding appropriate relief to the victim.
            (A-5) Consideration of an issue of a substantive
        nature or an issue that implicates the constitutional
        or statutory right of a victim at a court proceeding
        labeled as a status hearing shall constitute a per se
        violation of a victim's right.
            (B) The appropriate remedy shall include only
        actions necessary to provide the victim the right to
        which the victim was entitled and may include reopening
        previously held proceedings; however, in no event
        shall the court vacate a conviction. Any remedy shall
        be tailored to provide the victim an appropriate remedy
        without violating any constitutional right of the
        defendant. In no event shall the appropriate remedy be
        a new trial, damages, or costs.
        (6) Right to be heard. Whenever a victim has the right
    to be heard, the court shall allow the victim to exercise
    the right in any reasonable manner the victim chooses.
        (7) Right to attend trial. A party must file a written
    motion to exclude a victim from trial at least 60 days
    prior to the date set for trial. The motion must state with
    specificity the reason exclusion is necessary to protect a
    constitutional right of the party, and must contain an
    offer of proof. The court shall rule on the motion within
    30 days. If the motion is granted, the court shall set
    forth on the record the facts that support its finding that
    the victim's testimony will be materially affected if the
    victim hears other testimony at trial.
        (8) Right to have advocate and support person present
    at court proceedings.
            (A) A party who intends to call an advocate as a
        witness at trial must seek permission of the court
        before the subpoena is issued. The party must file a
        written motion at least 90 days before trial that sets
        forth specifically the issues on which the advocate's
        testimony is sought and an offer of proof regarding (i)
        the content of the anticipated testimony of the
        advocate; and (ii) the relevance, admissibility, and
        materiality of the anticipated testimony. The court
        shall consider the motion and make findings within 30
        days of the filing of the motion. If the court finds by
        a preponderance of the evidence that: (i) the
        anticipated testimony is not protected by an absolute
        privilege; and (ii) the anticipated testimony contains
        relevant, admissible, and material evidence that is
        not available through other witnesses or evidence, the
        court shall issue a subpoena requiring the advocate to
        appear to testify at an in camera hearing. The
        prosecuting attorney and the victim shall have 15 days
        to seek appellate review before the advocate is
        required to testify at an ex parte in camera
        proceeding.
            The prosecuting attorney, the victim, and the
        advocate's attorney shall be allowed to be present at
        the ex parte in camera proceeding. If, after conducting
        the ex parte in camera hearing, the court determines
        that due process requires any testimony regarding
        confidential or privileged information or
        communications, the court shall provide to the
        prosecuting attorney, the victim, and the advocate's
        attorney a written memorandum on the substance of the
        advocate's testimony. The prosecuting attorney, the
        victim, and the advocate's attorney shall have 15 days
        to seek appellate review before a subpoena may be
        issued for the advocate to testify at trial. The
        presence of the prosecuting attorney at the ex parte in
        camera proceeding does not make the substance of the
        advocate's testimony that the court has ruled
        inadmissible subject to discovery.
            (B) If a victim has asserted the right to have a
        support person present at the court proceedings, the
        victim shall provide the name of the person the victim
        has chosen to be the victim's support person to the
        prosecuting attorney, within 60 days of trial. The
        prosecuting attorney shall provide the name to the
        defendant. If the defendant intends to call the support
        person as a witness at trial, the defendant must seek
        permission of the court before a subpoena is issued.
        The defendant must file a written motion at least 45
        days prior to trial that sets forth specifically the
        issues on which the support person will testify and an
        offer of proof regarding: (i) the content of the
        anticipated testimony of the support person; and (ii)
        the relevance, admissibility, and materiality of the
        anticipated testimony.
            If the prosecuting attorney intends to call the
        support person as a witness during the State's
        case-in-chief, the prosecuting attorney shall inform
        the court of this intent in the response to the
        defendant's written motion. The victim may choose a
        different person to be the victim's support person. The
        court may allow the defendant to inquire about matters
        outside the scope of the direct examination during
        cross-examination cross examination. If the court
        allows the defendant to do so, the support person shall
        be allowed to remain in the courtroom after the support
        person has testified. A defendant who fails to question
        the support person about matters outside the scope of
        direct examination during the State's case-in-chief
        waives the right to challenge the presence of the
        support person on appeal. The court shall allow the
        support person to testify if called as a witness in the
        defendant's case-in-chief or the State's rebuttal.
            If the court does not allow the defendant to
        inquire about matters outside the scope of the direct
        examination, the support person shall be allowed to
        remain in the courtroom after the support person has
        been called by the defendant or the defendant has
        rested. The court shall allow the support person to
        testify in the State's rebuttal.
            If the prosecuting attorney does not intend to call
        the support person in the State's case-in-chief, the
        court shall verify with the support person whether the
        support person, if called as a witness, would testify
        as set forth in the offer of proof. If the court finds
        that the support person would testify as set forth in
        the offer of proof, the court shall rule on the
        relevance, materiality, and admissibility of the
        anticipated testimony. If the court rules the
        anticipated testimony is admissible, the court shall
        issue the subpoena. The support person may remain in
        the courtroom after the support person testifies and
        shall be allowed to testify in rebuttal.
            If the court excludes the victim's support person
        during the State's case-in-chief, the victim shall be
        allowed to choose another support person to be present
        in court.
            If the victim fails to designate a support person
        within 60 days of trial and the defendant has
        subpoenaed the support person to testify at trial, the
        court may exclude the support person from the trial
        until the support person testifies. If the court
        excludes the support person the victim may choose
        another person as a support person.
        (9) Right to notice and hearing before disclosure of
    confidential or privileged information or records. A
    defendant who seeks to subpoena records of or concerning
    the victim that are confidential or privileged by law must
    seek permission of the court before the subpoena is issued.
    The defendant must file a written motion and an offer of
    proof regarding the relevance, admissibility and
    materiality of the records. If the court finds by a
    preponderance of the evidence that: (A) the records are not
    protected by an absolute privilege and (B) the records
    contain relevant, admissible, and material evidence that
    is not available through other witnesses or evidence, the
    court shall issue a subpoena requiring a sealed copy of the
    records be delivered to the court to be reviewed in camera.
    If, after conducting an in camera review of the records,
    the court determines that due process requires disclosure
    of any portion of the records, the court shall provide
    copies of what it intends to disclose to the prosecuting
    attorney and the victim. The prosecuting attorney and the
    victim shall have 30 days to seek appellate review before
    the records are disclosed to the defendant. The disclosure
    of copies of any portion of the records to the prosecuting
    attorney does not make the records subject to discovery.
        (10) Right to notice of court proceedings. If the
    victim is not present at a court proceeding in which a
    right of the victim is at issue, the court shall ask the
    prosecuting attorney whether the victim was notified of the
    time, place, and purpose of the court proceeding and that
    the victim had a right to be heard at the court proceeding.
    If the court determines that timely notice was not given or
    that the victim was not adequately informed of the nature
    of the court proceeding, the court shall not rule on any
    substantive issues, accept a plea, or impose a sentence and
    shall continue the hearing for the time necessary to notify
    the victim of the time, place and nature of the court
    proceeding. The time between court proceedings shall not be
    attributable to the State under Section 103-5 of the Code
    of Criminal Procedure of 1963.
        (11) Right to timely disposition of the case. A victim
    has the right to timely disposition of the case so as to
    minimize the stress, cost, and inconvenience resulting
    from the victim's involvement in the case. Before ruling on
    a motion to continue trial or other court proceeding, the
    court shall inquire into the circumstances for the request
    for the delay and, if the victim has provided written
    notice of the assertion of the right to a timely
    disposition, and whether the victim objects to the delay.
    If the victim objects, the prosecutor shall inform the
    court of the victim's objections. If the prosecutor has not
    conferred with the victim about the continuance, the
    prosecutor shall inform the court of the attempts to
    confer. If the court finds the attempts of the prosecutor
    to confer with the victim were inadequate to protect the
    victim's right to be heard, the court shall give the
    prosecutor at least 3 but not more than 5 business days to
    confer with the victim. In ruling on a motion to continue,
    the court shall consider the reasons for the requested
    continuance, the number and length of continuances that
    have been granted, the victim's objections and procedures
    to avoid further delays. If a continuance is granted over
    the victim's objection, the court shall specify on the
    record the reasons for the continuance and the procedures
    that have been or will be taken to avoid further delays.
        (12) Right to Restitution.
            (A) If the victim has asserted the right to
        restitution and the amount of restitution is known at
        the time of sentencing, the court shall enter the
        judgment of restitution at the time of sentencing.
            (B) If the victim has asserted the right to
        restitution and the amount of restitution is not known
        at the time of sentencing, the prosecutor shall, within
        5 days after sentencing, notify the victim what
        information and documentation related to restitution
        is needed and that the information and documentation
        must be provided to the prosecutor within 45 days after
        sentencing. Failure to timely provide information and
        documentation related to restitution shall be deemed a
        waiver of the right to restitution. The prosecutor
        shall file and serve within 60 days after sentencing a
        proposed judgment for restitution and a notice that
        includes information concerning the identity of any
        victims or other persons seeking restitution, whether
        any victim or other person expressly declines
        restitution, the nature and amount of any damages
        together with any supporting documentation, a
        restitution amount recommendation, and the names of
        any co-defendants and their case numbers. Within 30
        days after receipt of the proposed judgment for
        restitution, the defendant shall file any objection to
        the proposed judgment, a statement of grounds for the
        objection, and a financial statement. If the defendant
        does not file an objection, the court may enter the
        judgment for restitution without further proceedings.
        If the defendant files an objection and either party
        requests a hearing, the court shall schedule a hearing.
        (13) Access to presentence reports.
            (A) The victim may request a copy of the
        presentence report prepared under the Unified Code of
        Corrections from the State's Attorney. The State's
        Attorney shall redact the following information before
        providing a copy of the report:
                (i) the defendant's mental history and
            condition;
                (ii) any evaluation prepared under subsection
            (b) or (b-5) of Section 5-3-2; and
                (iii) the name, address, phone number, and
            other personal information about any other victim.
            (B) The State's Attorney or the defendant may
        request the court redact other information in the
        report that may endanger the safety of any person.
            (C) The State's Attorney may orally disclose to the
        victim any of the information that has been redacted if
        there is a reasonable likelihood that the information
        will be stated in court at the sentencing.
            (D) The State's Attorney must advise the victim
        that the victim must maintain the confidentiality of
        the report and other information. Any dissemination of
        the report or information that was not stated at a
        court proceeding constitutes indirect criminal
        contempt of court.
        (14) Appellate relief. If the trial court denies the
    relief requested, the victim, the victim's attorney, or the
    prosecuting attorney may file an appeal within 30 days of
    the trial court's ruling. The trial or appellate court may
    stay the court proceedings if the court finds that a stay
    would not violate a constitutional right of the defendant.
    If the appellate court denies the relief sought, the
    reasons for the denial shall be clearly stated in a written
    opinion. In any appeal in a criminal case, the State may
    assert as error the court's denial of any crime victim's
    right in the proceeding to which the appeal relates.
        (15) Limitation on appellate relief. In no case shall
    an appellate court provide a new trial to remedy the
    violation of a victim's right.
        (16) The right to be reasonably protected from the
    accused throughout the criminal justice process and the
    right to have the safety of the victim and the victim's
    family considered in denying or fixing the amount of bail,
    determining whether to release the defendant, and setting
    conditions of release after arrest and conviction. A victim
    of domestic violence, a sexual offense, or stalking may
    request the entry of a protective order under Article 112A
    of the Code of Criminal Procedure of 1963.
    (d)(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian, other than the Department of
Juvenile Justice, of the discharge of any individual who was
adjudicated a delinquent for a crime from State custody and by
the sheriff of the appropriate county of any such person's
final discharge from county custody. The Prisoner Review Board,
upon written request, shall provide to a victim or any other
concerned citizen a recent photograph of any person convicted
of a felony, upon his or her release from custody. The Prisoner
Review Board, upon written request, shall inform a victim or
any other concerned citizen when feasible at least 7 days prior
to the prisoner's release on furlough of the times and dates of
such furlough. Upon written request by the victim or any other
concerned citizen, the State's Attorney shall notify the person
once of the times and dates of release of a prisoner sentenced
to periodic imprisonment. Notification shall be based on the
most recent information as to victim's or other concerned
citizen's residence or other location available to the
notifying authority.
    (2) When the defendant has been committed to the Department
of Human Services pursuant to Section 5-2-4 or any other
provision of the Unified Code of Corrections, the victim may
request to be notified by the releasing authority of the
approval by the court of an on-grounds pass, a supervised
off-grounds pass, an unsupervised off-grounds pass, or
conditional release; the release on an off-grounds pass; the
return from an off-grounds pass; transfer to another facility;
conditional release; escape; death; or final discharge from
State custody. The Department of Human Services shall establish
and maintain a statewide telephone number to be used by victims
to make notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
    (3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile Justice
immediately shall notify the Prisoner Review Board of the
escape and the Prisoner Review Board shall notify the victim.
The notification shall be based upon the most recent
information as to the victim's residence or other location
available to the Board. When no such information is available,
the Board shall make all reasonable efforts to obtain the
information and make the notification. When the escapee is
apprehended, the Department of Corrections or the Department of
Juvenile Justice immediately shall notify the Prisoner Review
Board and the Board shall notify the victim.
    (4) The victim of the crime for which the prisoner has been
sentenced shall receive reasonable written notice not less than
30 days prior to the parole hearing or target aftercare release
date and may submit, in writing, on film, videotape, or other
electronic means or in the form of a recording prior to the
parole hearing or target aftercare release date or in person at
the parole hearing or aftercare release protest hearing or if a
victim of a violent crime, by calling the toll-free number
established in subsection (f) of this Section, information for
consideration by the Prisoner Review Board or Department of
Juvenile Justice. The victim shall be notified within 7 days
after the prisoner has been granted parole or aftercare release
and shall be informed of the right to inspect the registry of
parole decisions, established under subsection (g) of Section
3-3-5 of the Unified Code of Corrections. The provisions of
this paragraph (4) are subject to the Open Parole Hearings Act.
    (5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice shall
inform the victim of any order of discharge pursuant to Section
3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
    (6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review Board or
Department of Juvenile Justice shall notify the victim and the
State's Attorney of the county where the person seeking parole
or aftercare release was prosecuted of the death of the
prisoner if the prisoner died while on parole or aftercare
release or mandatory supervised release.
    (7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile Justice,
or the Department of Human Services is released or discharged
and subsequently committed to the Department of Human Services
as a sexually violent person and the victim had requested to be
notified by the releasing authority of the defendant's
discharge, conditional release, death, or escape from State
custody, the releasing authority shall provide to the
Department of Human Services such information that would allow
the Department of Human Services to contact the victim.
    (8) When a defendant has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act and
has been sentenced to the Department of Corrections or the
Department of Juvenile Justice, the Prisoner Review Board or
the Department of Juvenile Justice shall notify the victim of
the sex offense of the prisoner's eligibility for release on
parole, aftercare release, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex offense
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
notification shall be made to the victim at least 30 days,
whenever possible, before release of the sex offender.
    (e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
    (f) To permit a crime victim of a violent crime to provide
information to the Prisoner Review Board or the Department of
Juvenile Justice for consideration by the Board or Department
at a parole hearing or before an aftercare release decision of
a person who committed the crime against the victim in
accordance with clause (d)(4) of this Section or at a
proceeding to determine the conditions of mandatory supervised
release of a person sentenced to a determinate sentence or at a
hearing on revocation of mandatory supervised release of a
person sentenced to a determinate sentence, the Board shall
establish a toll-free number that may be accessed by the victim
of a violent crime to present that information to the Board.
(Source: P.A. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17;
100-199, eff. 1-1-18; 100-961, eff. 1-1-19; revised 10-3-18.)
 
    (725 ILCS 120/6)  (from Ch. 38, par. 1406)
    Sec. 6. Right to be heard at sentencing.
    (a) A crime victim shall be allowed to present an oral or
written statement in any case in which a defendant has been
convicted of a violent crime or a juvenile has been adjudicated
delinquent for a violent crime after a bench or jury trial, or
a defendant who was charged with a violent crime and has been
convicted under a plea agreement of a crime that is not a
violent crime as defined in subsection (c) of Section 3 of this
Act. The court shall allow a victim to make an oral statement
if the victim is present in the courtroom and requests to make
an oral statement. An oral statement includes the victim or a
representative of the victim reading the written statement. The
court may allow persons impacted by the crime who are not
victims under subsection (a) of Section 3 of this Act to
present an oral or written statement. A victim and any person
making an oral statement shall not be put under oath or subject
to cross-examination. The court shall consider any statement
presented along with all other appropriate factors in
determining the sentence of the defendant or disposition of
such juvenile.
    (a-1) In any case where a defendant has been convicted of a
violation of any statute, ordinance, or regulation relating to
the operation or use of motor vehicles, the use of streets and
highways by pedestrians or the operation of any other wheeled
or tracked vehicle, except parking violations, if the violation
resulted in great bodily harm or death, the person who suffered
great bodily harm, the injured person's representative, or the
representative of a deceased person shall be entitled to notice
of the sentencing hearing. "Representative" includes the
spouse, guardian, grandparent, or other immediate family or
household member of an injured or deceased person. The injured
person or his or her representative and a representative of the
deceased person shall have the right to address the court
regarding the impact that the defendant's criminal conduct has
had upon them. If more than one representative of an injured or
deceased person is present in the courtroom at the time of
sentencing, the court has discretion to permit one or more of
the representatives to present an oral impact statement. A
victim and any person making an oral statement shall not be put
under oath or subject to cross-examination. The court shall
consider any impact statement presented along with all other
appropriate factors in determining the sentence of the
defendant.
    (a-5) A crime victim shall be allowed to present an oral
and written victim impact statement at a hearing ordered by the
court under the Mental Health and Developmental Disabilities
Code to determine if the defendant is: (1) in need of mental
health services on an inpatient basis; (2) in need of mental
health services on an outpatient basis; or (3) not in need of
mental health services, unless the defendant was under 18 years
of age at the time the offense was committed. The court shall
allow a victim to make an oral impact statement if the victim
is present in the courtroom and requests to make an oral
statement. An oral statement includes the victim or a
representative of the victim reading the written impact
statement. The court may allow persons impacted by the crime
who are not victims under subsection (a) of Section 3 of this
Act, to present an oral or written statement. A victim and any
person making an oral statement shall not be put under oath or
subject to cross-examination. The court may only consider the
impact statement along with all other appropriate factors in
determining the: (1) threat of serious physical harm posed
poised by the respondent to himself or herself, or to another
person; (2) location of inpatient or outpatient mental health
services ordered by the court, but only after complying with
all other applicable administrative, rule, and statutory
requirements; (3) maximum period of commitment for inpatient
mental health services; and (4) conditions of release for
outpatient mental health services ordered by the court.
    (b) The crime victim has the right to prepare a victim
impact statement and present it to the Office of the State's
Attorney at any time during the proceedings. Any written victim
impact statement submitted to the Office of the State's
Attorney shall be considered by the court during its
consideration of aggravation and mitigation in plea
proceedings under Supreme Court Rule 402.
    (c) This Section shall apply to any victims during any
dispositional hearing under Section 5-705 of the Juvenile Court
Act of 1987 which takes place pursuant to an adjudication or
trial or plea of delinquency for any such offense.
    (d) If any provision of this Section or its application to
any person or circumstance is held invalid, the invalidity of
that provision does not affect any other provision or
application of this Section that can be given effect without
the invalid provision or application.
(Source: P.A. 99-413, eff. 8-20-15; 100-961, eff. 1-1-19;
revised 10-3-18.)
 
    Section 710. The Unified Code of Corrections is amended by
changing Sections 3-2-12, 3-5-3.1, 3-6-2, 3-10-2, 5-2-4,
5-2-6, 5-4-1, 5-5-3, 5-5-6, and 5-7-1 as follows:
 
    (730 ILCS 5/3-2-12)
    Sec. 3-2-12. Report of violence in Department of
Corrections institutions and facilities; public safety
reports.
    (a) The Department of Corrections shall collect and report:
        (1) data on a rate per 100 of committed persons
    regarding violence within Department institutions and
    facilities as defined under the terms, if applicable, in 20
    Ill. Adm. Code 504 as follows:
            (A) committed person on committed person assaults;
            (B) committed person on correctional staff
        assaults;
            (C) dangerous contraband, including weapons,
        explosives, dangerous chemicals, or other dangerous
        weapons;
            (D) committed person on committed person fights;
            (E) multi-committed person on single committed
        person fights;
            (F) committed person use of a weapon on
        correctional staff;
            (G) committed person use of a weapon on committed
        person;
            (H) sexual assault committed by a committed person
        against another committed person, correctional staff,
        or visitor;
            (I) sexual assault committed by correctional staff
        against another correctional staff, committed person,
        or visitor;
            (J) correctional staff use of physical force;
            (K) forced cell extraction;
            (L) use of oleoresin capsaicin (pepper spray),
        2-chlorobenzalmalononitrile (CS gas), or other control
        agents or implements;
            (M) committed person suicide and attempted
        suicide;
            (N) requests and placements in protective custody;
        and
            (O) committed persons in segregation, secured
        housing, and restrictive housing; and
        (2) data on average length of stay in segregation,
    secured housing, and restrictive housing.
    (b) The Department of Corrections shall collect and report:
        (1) data on a rate per 100 of committed persons
    regarding public safety as follows:
            (A) committed persons released directly from
        segregation secured housing and restrictive housing to
        the community;
            (B) the types type of housing facilities facility,
        whether a private residences residence, transitional
        housing, homeless shelters, shelter or other, to which
        committed persons are released to from Department
        correctional institutions and facilities;
            (C) committed persons in custody who have
        completed evidence-based programs, including:
                (i) educational;
                (ii) vocational;
                (iii) chemical dependency;
                (iv) sex offender treatment; or
                (v) cognitive behavioral;
            (D) committed persons who are being held in custody
        past their mandatory statutory release date and the
        reasons for their continued confinement;
            (E) parole and mandatory supervised release
        revocation rate by county and reasons for revocation;
        and
            (F) committed persons on parole or mandatory
        supervised release who have completed evidence-based
        programs, including:
            (A) educational;
            (B) vocational;
            (C) chemical dependency;
            (D) sex offender treatment; or
            (E) cognitive behavioral; and
        (2) data on the average daily population and vacancy
    rate of each Adult Transition Center and work camp.
    (c) The data provided under subsections (a) and (b) of this
Section shall be included in the Department of Corrections
quarterly report to the General Assembly under Section 3-5-3.1
of this Code and shall include an aggregate chart at the agency
level and individual reports by each correctional institution
or facility of the Department of Corrections.
    (d) The Director of Corrections shall ensure that the
agency level data is reviewed by the Director's executive team
on a quarterly basis. The correctional institution or
facility's executive team and each chief administrative
officer of the correctional institution or facility shall
examine statewide and local data at least quarterly. During
these reviews, each chief administrative officer shall:
        (1) identify trends;
        (2) develop action items to mitigate the root causes of
    violence; and
        (3) establish committees at each correctional
    institution or facility which shall review the violence
    data on a quarterly basis and develop action plans to
    reduce violence. These plans shall include a wide range of
    strategies to incentivize good conduct.
(Source: P.A. 100-907, eff. 1-1-19; revised 10-3-18.)
 
    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)
    Sec. 3-5-3.1. Report to the General Assembly.
    (a) As used in this Section, "facility" includes any
facility of the Department of Corrections.
    (b) (a) The Department of Corrections shall, by January
1st, April 1st, July 1st, and October 1st of each year,
electronically transmit to the General Assembly, a report which
shall include the following information reflecting the period
ending 30 days prior to the submission of the report:
        (1) the number of residents in all Department
    facilities indicating the number of residents in each
    listed facility;
        (2) a classification of each facility's residents by
    the nature of the offense for which each resident was
    committed to the Department;
        (3) the number of residents in maximum, medium, and
    minimum security facilities indicating the classification
    of each facility's residents by the nature of the offense
    for which each resident was committed to the Department;
        (4) the educational and vocational programs provided
    at each facility and the number of residents participating
    in each such program;
        (5) the present design and rated capacity levels in
    each facility;
        (6) the projected design and rated capacity of each
    facility six months and one year following each reporting
    date;
        (7) the ratio of the security staff to residents in
    each facility;
        (8) the ratio of total employees to residents in each
    facility;
        (9) the number of residents in each facility that are
    single-celled and the number in each facility that are
    double-celled;
        (10) information indicating the distribution of
    residents in each facility by the allocated floor space per
    resident;
        (11) a status of all capital projects currently funded
    by the Department, location of each capital project, the
    projected on-line dates for each capital project,
    including phase-in dates and full occupancy dates;
        (12) the projected adult prison facility populations
    of the Department for each of the succeeding twelve months
    following each reporting date, indicating all assumptions
    built into such population estimates;
        (13) the projected exits and projected admissions in
    each facility for each of the succeeding twelve months
    following each reporting date, indicating all assumptions
    built into such population estimate;
        (14) the locations of all Department-operated or
    contractually operated community correctional centers,
    including the present design and rated capacity and
    population levels at each facility;
        (15) the number of reported assaults on employees at
    each facility;
        (16) the number of reported incidents of resident
    sexual aggression towards employees at each facility
    including sexual assault, residents exposing themselves,
    sexual touching, and sexually offensive language; and
        (17) the number of employee injuries resulting from
    resident violence at each facility including descriptions
    of the nature of the injuries, the number of injuries
    requiring medical treatment at the facility, the number of
    injuries requiring outside medical treatment, and the
    number of days off work per injury.
    For purposes of this Section, the definition of assault on
staff includes, but is not limited to, kicking, punching,
knocking down, harming or threatening to harm with improvised
weapons, or throwing urine or feces at staff.
    The report shall also include the data collected under
Section 3-2-12 of this Code in the manner required under that
Section. The report to the General Assembly shall be filed with
the Clerk of the House of Representatives and the Secretary of
the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct.
    (c) A copy of the report required under this Section shall
be posted to the Department's Internet website at the time the
report is submitted to the General Assembly.
    (d) (b) The requirements in subsection (b) (a) do not
relieve the Department from the recordkeeping requirements of
the Occupational Safety and Health Act.
    (e) (c) The Department shall:
        (1) establish a reasonable procedure for employees to
    report work-related assaults and injuries. A procedure is
    not reasonable if it would deter or discourage a reasonable
    employee from accurately reporting a workplace assault or
    injury;
        (2) inform each employee:
            (A) of the procedure for reporting work-related
        assaults and injuries;
            (B) of the right to report work-related assaults
        and injuries; and
            (C) that the Department is prohibited from
        discharging or in any manner discriminating against
        employees for reporting work-related assaults and
        injuries; and
        (3) not discharge, discipline, or in any manner
    discriminate against any employee for reporting a
    work-related assault or injury.
(Source: P.A. 99-255, eff. 1-1-16; 100-907, eff. 1-1-19;
100-1075, eff. 1-1-19; revised 10-18-18.)
 
    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
    Sec. 3-6-2. Institutions and facility administration.
    (a) Each institution and facility of the Department shall
be administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment of
such persons.
    (b) The chief administrative officer shall have such
assistants as the Department may assign.
    (c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of 1987.
This Section shall not apply to transfers to the Department of
Human Services which are provided for under Section 3-8-5 or
Section 3-10-5.
    (d) The Department shall provide educational programs for
all committed persons so that all persons have an opportunity
to attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever
possible. The Department may establish programs of mandatory
education and may establish rules and regulations for the
administration of such programs. A person committed to the
Department who, during the period of his or her incarceration,
participates in an educational program provided by or through
the Department and through that program is awarded or earns the
number of hours of credit required for the award of an
associate, baccalaureate, or higher degree from a community
college, college, or university located in Illinois shall
reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or
her incarceration with the education that qualifies him or her
for the award of that degree. The costs for which reimbursement
is required under this subsection shall be determined and
computed by the Department under rules and regulations that it
shall establish for that purpose. However, interest at the rate
of 6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
    (d-5) A person committed to the Department is entitled to
confidential testing for infection with human immunodeficiency
virus (HIV) and to counseling in connection with such testing,
with no copay to the committed person. A person committed to
the Department who has tested positive for infection with HIV
is entitled to medical care while incarcerated, counseling, and
referrals to support services, in connection with that positive
test result. Implementation of this subsection (d-5) is subject
to appropriation.
    (e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on the
person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches in
this State. If such physician or physicians advise:
        (1) that immediate medical or surgical treatment is
    required relative to a condition threatening to cause
    death, damage or impairment to bodily functions, or
    disfigurement; and
        (2) that the person is not capable of giving consent to
    such treatment; the chief administrative officer may give
    consent for such medical or surgical treatment, and such
    consent shall be deemed to be the consent of the person for
    all purposes, including, but not limited to, the authority
    of a physician to give such treatment.
    (e-5) If a physician providing medical care to a committed
person on behalf of the Department advises the chief
administrative officer that the committed person's mental or
physical health has deteriorated as a result of the cessation
of ingestion of food or liquid to the point where medical or
surgical treatment is required to prevent death, damage, or
impairment to bodily functions, the chief administrative
officer may authorize such medical or surgical treatment.
    (f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. The Department shall require the committed
person receiving medical or dental services on a non-emergency
basis to pay a $5 co-payment to the Department for each visit
for medical or dental services. The amount of each co-payment
shall be deducted from the committed person's individual
account. A committed person who has a chronic illness, as
defined by Department rules and regulations, shall be exempt
from the $5 co-payment for treatment of the chronic illness. A
committed person shall not be subject to a $5 co-payment for
follow-up visits ordered by a physician, who is employed by, or
contracts with, the Department. A committed person who is
indigent is exempt from the $5 co-payment and is entitled to
receive medical or dental services on the same basis as a
committed person who is financially able to afford the
co-payment. For purposes of this Section only, "indigent" means
a committed person who has $20 or less in his or her Inmate
Trust Fund at the time of such services and for the 30 days
prior to such services. Notwithstanding any other provision in
this subsection (f) to the contrary, any person committed to
any facility operated by the Department of Juvenile Justice, as
set forth in Section 3-2.5-15 of this Code, is exempt from the
co-payment requirement for the duration of confinement in those
facilities.
    (f-5) The Department shall comply with the Health Care
Violence Prevention Act.
    (g) Any person having sole custody of a child at the time
of commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and
Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until
the child is 6 years old.
    (h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
        (1) family advocacy counseling;
        (2) parent self-help group;
        (3) parenting skills training;
        (4) parent and child overnight program;
        (5) parent and child reunification counseling, either
    separately or together, preceding the inmate's release;
    and
        (6) a prerelease reunification staffing involving the
    family advocate, the inmate and the child's counselor, or
    both and the inmate.
    (i) (Blank).
    (j) Any person convicted of a sex offense as defined in the
Sex Offender Management Board Act shall be required to receive
a sex offender evaluation prior to release into the community
from the Department of Corrections. The sex offender evaluation
shall be conducted in conformance with the standards and
guidelines developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
    (k) Any minor committed to the Department of Juvenile
Justice for a sex offense as defined by the Sex Offender
Management Board Act shall be required to undergo sex offender
treatment by a treatment provider approved by the Board and
conducted in conformance with the Sex Offender Management Board
Act.
    (l) Prior to the release of any inmate committed to a
facility of the Department or the Department of Juvenile
Justice, the Department must provide the inmate with
appropriate information verbally, in writing, by video, or
other electronic means, concerning HIV and AIDS. The Department
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department must also offer the committed person the option of
testing for infection with human immunodeficiency virus (HIV),
with no copayment for the test. Pre-test information shall be
provided to the committed person and informed consent obtained
as required in subsection (d) of Section 3 and Section 5 of the
AIDS Confidentiality Act. The Department may conduct opt-out
HIV testing as defined in Section 4 of the AIDS Confidentiality
Act. If the Department conducts opt-out HIV testing, the
Department shall place signs in English, Spanish and other
languages as needed in multiple, highly visible locations in
the area where HIV testing is conducted informing inmates that
they will be tested for HIV unless they refuse, and refusal or
acceptance of testing shall be documented in the inmate's
medical record. The Department shall follow procedures
established by the Department of Public Health to conduct HIV
testing and testing to confirm positive HIV test results. All
testing must be conducted by medical personnel, but pre-test
and other information may be provided by committed persons who
have received appropriate training. The Department, in
conjunction with the Department of Public Health, shall develop
a plan that complies with the AIDS Confidentiality Act to
deliver confidentially all positive or negative HIV test
results to inmates or former inmates. Nothing in this Section
shall require the Department to offer HIV testing to an inmate
who is known to be infected with HIV, or who has been tested
for HIV within the previous 180 days and whose documented HIV
test result is available to the Department electronically. The
testing provided under this subsection (l) shall consist of a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
    Prior to the release of an inmate who the Department knows
has tested positive for infection with HIV, the Department in a
timely manner shall offer the inmate transitional case
management, including referrals to other support services.
    (m) The chief administrative officer of each institution or
facility of the Department shall make a room in the institution
or facility available for substance use disorder services to be
provided to committed persons on a voluntary basis. The
services shall be provided for one hour once a week at a time
specified by the chief administrative officer of the
institution or facility if the following conditions are met:
        (1) the substance use disorder service contacts the
    chief administrative officer to arrange the meeting;
        (2) the committed person may attend the meeting for
    substance use disorder services only if the committed
    person uses pre-existing free time already available to the
    committed person;
        (3) all disciplinary and other rules of the institution
    or facility remain in effect;
        (4) the committed person is not given any additional
    privileges to attend substance use disorder services;
        (5) if the substance use disorder service does not
    arrange for scheduling a meeting for that week, no
    substance use disorder services shall be provided to the
    committed person in the institution or facility for that
    week;
        (6) the number of committed persons who may attend a
    substance use disorder meeting shall not exceed 40 during
    any session held at the correctional institution or
    facility;
        (7) a volunteer seeking to provide substance use
    disorder services under this subsection (m) must submit an
    application to the Department of Corrections under
    existing Department rules and the Department must review
    the application within 60 days after submission of the
    application to the Department; and
        (8) each institution and facility of the Department
    shall manage the substance use disorder services program
    according to its own processes and procedures.
    For the purposes of this subsection (m), "substance use
disorder services" means recovery services for persons with
substance use disorders provided by volunteers of recovery
support services recognized by the Department of Human
Services.
(Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19;
revised 10-3-18.)
 
    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
    Sec. 3-10-2. Examination of persons committed to the
Department of Juvenile Justice.
    (a) A person committed to the Department of Juvenile
Justice shall be examined in regard to his medical,
psychological, social, educational and vocational condition
and history, including the use of alcohol and other drugs, the
circumstances of his offense and any other information as the
Department of Juvenile Justice may determine.
    (a-5) Upon admission of a person committed to the
Department of Juvenile Justice, the Department of Juvenile
Justice must provide the person with appropriate information
concerning HIV and AIDS in writing, verbally, or by video or
other electronic means. The Department of Juvenile Justice
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department of Juvenile Justice also must offer the person the
option of being tested, at no charge to the person, for
infection with human immunodeficiency virus (HIV). Pre-test
information shall be provided to the committed person and
informed consent obtained as required in subsection (q) of
Section 3 and Section 5 of the AIDS Confidentiality Act. The
Department of Juvenile Justice may conduct opt-out HIV testing
as defined in Section 4 of the AIDS Confidentiality Act. If the
Department conducts opt-out HIV testing, the Department shall
place signs in English, Spanish and other languages as needed
in multiple, highly visible locations in the area where HIV
testing is conducted informing inmates that they will be tested
for HIV unless they refuse, and refusal or acceptance of
testing shall be documented in the inmate's medical record. The
Department shall follow procedures established by the
Department of Public Health to conduct HIV testing and testing
to confirm positive HIV test results. All testing must be
conducted by medical personnel, but pre-test and other
information may be provided by committed persons who have
received appropriate training. The Department, in conjunction
with the Department of Public Health, shall develop a plan that
complies with the AIDS Confidentiality Act to deliver
confidentially all positive or negative HIV test results to
inmates or former inmates. Nothing in this Section shall
require the Department to offer HIV testing to an inmate who is
known to be infected with HIV, or who has been tested for HIV
within the previous 180 days and whose documented HIV test
result is available to the Department electronically. The
testing provided under this subsection (a-5) shall consist of a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
    Also, upon the admission of a person committed to the
Department of Juvenile Justice, the Department of Juvenile
Justice must inform the person of the Department's obligation
to provide the person with medical care.
    (b) Based on its examination, the Department of Juvenile
Justice may exercise the following powers in developing a
treatment program of any person committed to the Department of
Juvenile Justice:
        (1) Require participation by him in vocational,
    physical, educational and corrective training and
    activities to return him to the community.
        (2) Place him in any institution or facility of the
    Department of Juvenile Justice.
        (3) Order replacement or referral to the Parole and
    Pardon Board as often as it deems desirable. The Department
    of Juvenile Justice shall refer the person to the Parole
    and Pardon Board as required under Section 3-3-4.
        (4) Enter into agreements with the Secretary of Human
    Services and the Director of Children and Family Services,
    with courts having probation officers, and with private
    agencies or institutions for separate care or special
    treatment of persons subject to the control of the
    Department of Juvenile Justice.
    (c) The Department of Juvenile Justice shall make periodic
reexamination of all persons under the control of the
Department of Juvenile Justice to determine whether existing
orders in individual cases should be modified or continued.
This examination shall be made with respect to every person at
least once annually.
    (d) A record of the treatment decision, including any
modification thereof and the reason therefor, shall be part of
the committed person's master record file.
    (e) The Department of Juvenile Justice shall by regular
mail and telephone or electronic message notify the parent,
guardian, or nearest relative of any person committed to the
Department of Juvenile Justice of his or her physical location
and any change of his or her physical location.
(Source: P.A. 99-78, eff. 7-20-15; 100-19, eff. 1-1-18;
100-700, eff. 8-3-18; revised 10-9-18.)
 
    (730 ILCS 5/5-2-4)  (from Ch. 38, par. 1005-2-4)
    Sec. 5-2-4. Proceedings after acquittal by reason of
insanity.
    (a) After a finding or verdict of not guilty by reason of
insanity under Sections 104-25, 115-3, or 115-4 of the Code of
Criminal Procedure of 1963, the defendant shall be ordered to
the Department of Human Services for an evaluation as to
whether he is in need of mental health services. The order
shall specify whether the evaluation shall be conducted on an
inpatient or outpatient basis. If the evaluation is to be
conducted on an inpatient basis, the defendant shall be placed
in a secure setting. With the court order for evaluation shall
be sent a copy of the arrest report, criminal charges, arrest
record, jail record, any report prepared under Section 115-6 of
the Code of Criminal Procedure of 1963, and any statement
prepared under Section 6 of the Rights of Crime Victims and
Witnesses Act. The clerk of the circuit court shall transmit
this information to the Department within 5 days. If the court
orders that the evaluation be done on an inpatient basis, the
Department shall evaluate the defendant to determine to which
secure facility the defendant shall be transported and, within
20 days of the transmittal by the clerk of the circuit court of
the placement court order, notify the sheriff of the designated
facility. Upon receipt of that notice, the sheriff shall
promptly transport the defendant to the designated facility.
During the period of time required to determine the appropriate
placement, the defendant shall remain in jail. If, within 20
days of the transmittal by the clerk of the circuit court of
the placement court order, the Department fails to notify the
sheriff of the identity of the facility to which the defendant
shall be transported, the sheriff shall contact a designated
person within the Department to inquire about when a placement
will become available at the designated facility and bed
availability at other facilities. If, within 20 days of the
transmittal by the clerk of the circuit court of the placement
court order, the Department fails to notify the sheriff of the
identity of the facility to which the defendant shall be
transported, the sheriff shall notify the Department of its
intent to transfer the defendant to the nearest secure mental
health facility operated by the Department and inquire as to
the status of the placement evaluation and availability for
admission to the facility operated by the Department by
contacting a designated person within the Department. The
Department shall respond to the sheriff within 2 business days
of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status of
the placement evaluation, information on bed and placement
availability, and an estimated date of admission for the
defendant and any changes to that estimated date of admission.
If the Department notifies the sheriff during the 2 business
day period of a facility operated by the Department with
placement availability, the sheriff shall promptly transport
the defendant to that facility. Individualized placement
evaluations by the Department of Human Services determine the
most appropriate setting for forensic treatment based upon a
number of factors including mental health diagnosis, proximity
to surviving victims, security need, age, gender, and proximity
to family.
    The Department shall provide the Court with a report of its
evaluation within 30 days of the date of this order. The Court
shall hold a hearing as provided under the Mental Health and
Developmental Disabilities Code to determine if the individual
is: (a) in need of mental health services on an inpatient
basis; (b) in need of mental health services on an outpatient
basis; (c) a person not in need of mental health services. The
court shall afford the victim the opportunity to make a written
or oral statement as guaranteed by Article I, Section 8.1 of
the Illinois Constitution and Section 6 of the Rights of Crime
Victims and Witnesses Act. The court shall allow a victim to
make an oral statement if the victim is present in the
courtroom and requests to make an oral statement. An oral
statement includes the victim or a representative of the victim
reading the written statement. The court may allow persons
impacted by the crime who are not victims under subsection (a)
of Section 3 of the this Rights of Crime Victims and Witnesses
Act to present an oral or written statement. A victim and any
person making an oral statement shall not be put under oath or
subject to cross-examination. The court shall consider any
statement presented along with all other appropriate factors in
determining the sentence of the defendant or disposition of the
juvenile. All statements shall become part of the record of the
court.
    If the defendant is found to be in need of mental health
services on an inpatient care basis, the Court shall order the
defendant to the Department of Human Services. The defendant
shall be placed in a secure setting. Such defendants placed in
a secure setting shall not be permitted outside the facility's
housing unit unless escorted or accompanied by personnel of the
Department of Human Services or with the prior approval of the
Court for unsupervised on-grounds privileges as provided
herein. Any defendant placed in a secure setting pursuant to
this Section, transported to court hearings or other necessary
appointments off facility grounds by personnel of the
Department of Human Services, shall be placed in security
devices or otherwise secured during the period of
transportation to assure secure transport of the defendant and
the safety of Department of Human Services personnel and
others. These security measures shall not constitute restraint
as defined in the Mental Health and Developmental Disabilities
Code. If the defendant is found to be in need of mental health
services, but not on an inpatient care basis, the Court shall
conditionally release the defendant, under such conditions as
set forth in this Section as will reasonably assure the
defendant's satisfactory progress and participation in
treatment or rehabilitation and the safety of the defendant,
the victim, the victim's family members, and others. If the
Court finds the person not in need of mental health services,
then the Court shall order the defendant discharged from
custody.
    (a-1) Definitions. For the purposes of this Section:
        (A) (Blank).
        (B) "In need of mental health services on an inpatient
    basis" means: a defendant who has been found not guilty by
    reason of insanity but who, due to mental illness, is
    reasonably expected to inflict serious physical harm upon
    himself or another and who would benefit from inpatient
    care or is in need of inpatient care.
        (C) "In need of mental health services on an outpatient
    basis" means: a defendant who has been found not guilty by
    reason of insanity who is not in need of mental health
    services on an inpatient basis, but is in need of
    outpatient care, drug and/or alcohol rehabilitation
    programs, community adjustment programs, individual,
    group, or family therapy, or chemotherapy.
        (D) "Conditional Release" means: the release from
    either the custody of the Department of Human Services or
    the custody of the Court of a person who has been found not
    guilty by reason of insanity under such conditions as the
    Court may impose which reasonably assure the defendant's
    satisfactory progress in treatment or habilitation and the
    safety of the defendant, the victim, the victim's family,
    and others. The Court shall consider such terms and
    conditions which may include, but need not be limited to,
    outpatient care, alcoholic and drug rehabilitation
    programs, community adjustment programs, individual,
    group, family, and chemotherapy, random testing to ensure
    the defendant's timely and continuous taking of any
    medicines prescribed to control or manage his or her
    conduct or mental state, and periodic checks with the legal
    authorities and/or the Department of Human Services. The
    Court may order as a condition of conditional release that
    the defendant not contact the victim of the offense that
    resulted in the finding or verdict of not guilty by reason
    of insanity or any other person. The Court may order the
    Department of Human Services to provide care to any person
    conditionally released under this Section. The Department
    may contract with any public or private agency in order to
    discharge any responsibilities imposed under this Section.
    The Department shall monitor the provision of services to
    persons conditionally released under this Section and
    provide periodic reports to the Court concerning the
    services and the condition of the defendant. Whenever a
    person is conditionally released pursuant to this Section,
    the State's Attorney for the county in which the hearing is
    held shall designate in writing the name, telephone number,
    and address of a person employed by him or her who shall be
    notified in the event that either the reporting agency or
    the Department decides that the conditional release of the
    defendant should be revoked or modified pursuant to
    subsection (i) of this Section. Such conditional release
    shall be for a period of five years. However, the
    defendant, the person or facility rendering the treatment,
    therapy, program or outpatient care, the Department, or the
    State's Attorney may petition the Court for an extension of
    the conditional release period for an additional 5 years.
    Upon receipt of such a petition, the Court shall hold a
    hearing consistent with the provisions of paragraph (a),
    this paragraph (a-1), and paragraph (f) of this Section,
    shall determine whether the defendant should continue to be
    subject to the terms of conditional release, and shall
    enter an order either extending the defendant's period of
    conditional release for an additional 5-year period or
    discharging the defendant. Additional 5-year periods of
    conditional release may be ordered following a hearing as
    provided in this Section. However, in no event shall the
    defendant's period of conditional release continue beyond
    the maximum period of commitment ordered by the Court
    pursuant to paragraph (b) of this Section. These provisions
    for extension of conditional release shall only apply to
    defendants conditionally released on or after August 8,
    2003. However, the extension provisions of Public Act
    83-1449 apply only to defendants charged with a forcible
    felony.
        (E) "Facility director" means the chief officer of a
    mental health or developmental disabilities facility or
    his or her designee or the supervisor of a program of
    treatment or habilitation or his or her designee.
    "Designee" may include a physician, clinical psychologist,
    social worker, nurse, or clinical professional counselor.
    (b) If the Court finds the defendant in need of mental
health services on an inpatient basis, the admission,
detention, care, treatment or habilitation, treatment plans,
review proceedings, including review of treatment and
treatment plans, and discharge of the defendant after such
order shall be under the Mental Health and Developmental
Disabilities Code, except that the initial order for admission
of a defendant acquitted of a felony by reason of insanity
shall be for an indefinite period of time. Such period of
commitment shall not exceed the maximum length of time that the
defendant would have been required to serve, less credit for
good behavior as provided in Section 5-4-1 of the Unified Code
of Corrections, before becoming eligible for release had he
been convicted of and received the maximum sentence for the
most serious crime for which he has been acquitted by reason of
insanity. The Court shall determine the maximum period of
commitment by an appropriate order. During this period of time,
the defendant shall not be permitted to be in the community in
any manner, including, but not limited to, off-grounds
privileges, with or without escort by personnel of the
Department of Human Services, unsupervised on-grounds
privileges, discharge or conditional or temporary release,
except by a plan as provided in this Section. In no event shall
a defendant's continued unauthorized absence be a basis for
discharge. Not more than 30 days after admission and every 90
days thereafter so long as the initial order remains in effect,
the facility director shall file a treatment plan report in
writing with the court and forward a copy of the treatment plan
report to the clerk of the court, the State's Attorney, and the
defendant's attorney, if the defendant is represented by
counsel, or to a person authorized by the defendant under the
Mental Health and Developmental Disabilities Confidentiality
Act to be sent a copy of the report. The report shall include
an opinion as to whether the defendant is currently in need of
mental health services on an inpatient basis or in need of
mental health services on an outpatient basis. The report shall
also summarize the basis for those findings and provide a
current summary of the following items from the treatment plan:
(1) an assessment of the defendant's treatment needs, (2) a
description of the services recommended for treatment, (3) the
goals of each type of element of service, (4) an anticipated
timetable for the accomplishment of the goals, and (5) a
designation of the qualified professional responsible for the
implementation of the plan. The report may also include
unsupervised on-grounds privileges, off-grounds privileges
(with or without escort by personnel of the Department of Human
Services), home visits and participation in work programs, but
only where such privileges have been approved by specific court
order, which order may include such conditions on the defendant
as the Court may deem appropriate and necessary to reasonably
assure the defendant's satisfactory progress in treatment and
the safety of the defendant and others.
    (c) Every defendant acquitted of a felony by reason of
insanity and subsequently found to be in need of mental health
services shall be represented by counsel in all proceedings
under this Section and under the Mental Health and
Developmental Disabilities Code.
        (1) The Court shall appoint as counsel the public
    defender or an attorney licensed by this State.
        (2) Upon filing with the Court of a verified statement
    of legal services rendered by the private attorney
    appointed pursuant to paragraph (1) of this subsection, the
    Court shall determine a reasonable fee for such services.
    If the defendant is unable to pay the fee, the Court shall
    enter an order upon the State to pay the entire fee or such
    amount as the defendant is unable to pay from funds
    appropriated by the General Assembly for that purpose.
    (d) When the facility director determines that:
        (1) the defendant is no longer in need of mental health
    services on an inpatient basis; and
        (2) the defendant may be conditionally released
    because he or she is still in need of mental health
    services or that the defendant may be discharged as not in
    need of any mental health services; or
        (3) (blank);
the facility director shall give written notice to the Court,
State's Attorney and defense attorney. Such notice shall set
forth in detail the basis for the recommendation of the
facility director, and specify clearly the recommendations, if
any, of the facility director, concerning conditional release.
Any recommendation for conditional release shall include an
evaluation of the defendant's need for psychotropic
medication, what provisions should be made, if any, to ensure
that the defendant will continue to receive psychotropic
medication following discharge, and what provisions should be
made to assure the safety of the defendant and others in the
event the defendant is no longer receiving psychotropic
medication. Within 30 days of the notification by the facility
director, the Court shall set a hearing and make a finding as
to whether the defendant is:
        (i) (blank); or
        (ii) in need of mental health services in the form of
    inpatient care; or
        (iii) in need of mental health services but not subject
    to inpatient care; or
        (iv) no longer in need of mental health services; or
        (v) (blank).
    A crime victim shall be allowed to present an oral and
written statement. The court shall allow a victim to make an
oral statement if the victim is present in the courtroom and
requests to make an oral statement. An oral statement includes
the victim or a representative of the victim reading the
written statement. A victim and any person making an oral
statement shall not be put under oath or subject to
cross-examination. All statements shall become part of the
record of the court.
    Upon finding by the Court, the Court shall enter its
findings and such appropriate order as provided in subsections
(a) and (a-1) of this Section.
    (e) A defendant admitted pursuant to this Section, or any
person on his behalf, may file a petition for treatment plan
review or discharge or conditional release under the standards
of this Section in the Court which rendered the verdict. Upon
receipt of a petition for treatment plan review or discharge or
conditional release, the Court shall set a hearing to be held
within 120 days. Thereafter, no new petition may be filed for
180 days without leave of the Court.
    (f) The Court shall direct that notice of the time and
place of the hearing be served upon the defendant, the facility
director, the State's Attorney, and the defendant's attorney.
If requested by either the State or the defense or if the Court
feels it is appropriate, an impartial examination of the
defendant by a psychiatrist or clinical psychologist as defined
in Section 1-103 of the Mental Health and Developmental
Disabilities Code who is not in the employ of the Department of
Human Services shall be ordered, and the report considered at
the time of the hearing.
    (g) The findings of the Court shall be established by clear
and convincing evidence. The burden of proof and the burden of
going forth with the evidence rest with the defendant or any
person on the defendant's behalf when a hearing is held to
review a petition filed by or on behalf of the defendant. The
evidence shall be presented in open Court with the right of
confrontation and cross-examination. Such evidence may
include, but is not limited to:
        (1) whether the defendant appreciates the harm caused
    by the defendant to others and the community by his or her
    prior conduct that resulted in the finding of not guilty by
    reason of insanity;
        (2) Whether the person appreciates the criminality of
    conduct similar to the conduct for which he or she was
    originally charged in this matter;
        (3) the current state of the defendant's illness;
        (4) what, if any, medications the defendant is taking
    to control his or her mental illness;
        (5) what, if any, adverse physical side effects the
    medication has on the defendant;
        (6) the length of time it would take for the
    defendant's mental health to deteriorate if the defendant
    stopped taking prescribed medication;
        (7) the defendant's history or potential for alcohol
    and drug abuse;
        (8) the defendant's past criminal history;
        (9) any specialized physical or medical needs of the
    defendant;
        (10) any family participation or involvement expected
    upon release and what is the willingness and ability of the
    family to participate or be involved;
        (11) the defendant's potential to be a danger to
    himself, herself, or others;
        (11.5) a written or oral statement made by the victim;
    and
        (12) any other factor or factors the Court deems
    appropriate.
    (h) Before the court orders that the defendant be
discharged or conditionally released, it shall order the
facility director to establish a discharge plan that includes a
plan for the defendant's shelter, support, and medication. If
appropriate, the court shall order that the facility director
establish a program to train the defendant in self-medication
under standards established by the Department of Human
Services. If the Court finds, consistent with the provisions of
this Section, that the defendant is no longer in need of mental
health services it shall order the facility director to
discharge the defendant. If the Court finds, consistent with
the provisions of this Section, that the defendant is in need
of mental health services, and no longer in need of inpatient
care, it shall order the facility director to release the
defendant under such conditions as the Court deems appropriate
and as provided by this Section. Such conditional release shall
be imposed for a period of 5 years as provided in paragraph (D)
of subsection (a-1) and shall be subject to later modification
by the Court as provided by this Section. If the Court finds
consistent with the provisions in this Section that the
defendant is in need of mental health services on an inpatient
basis, it shall order the facility director not to discharge or
release the defendant in accordance with paragraph (b) of this
Section.
    (i) If within the period of the defendant's conditional
release the State's Attorney determines that the defendant has
not fulfilled the conditions of his or her release, the State's
Attorney may petition the Court to revoke or modify the
conditional release of the defendant. Upon the filing of such
petition the defendant may be remanded to the custody of the
Department, or to any other mental health facility designated
by the Department, pending the resolution of the petition.
Nothing in this Section shall prevent the emergency admission
of a defendant pursuant to Article VI of Chapter III of the
Mental Health and Developmental Disabilities Code or the
voluntary admission of the defendant pursuant to Article IV of
Chapter III of the Mental Health and Developmental Disabilities
Code. If the Court determines, after hearing evidence, that the
defendant has not fulfilled the conditions of release, the
Court shall order a hearing to be held consistent with the
provisions of paragraph (f) and (g) of this Section. At such
hearing, if the Court finds that the defendant is in need of
mental health services on an inpatient basis, it shall enter an
order remanding him or her to the Department of Human Services
or other facility. If the defendant is remanded to the
Department of Human Services, he or she shall be placed in a
secure setting unless the Court determines that there are
compelling reasons that such placement is not necessary. If the
Court finds that the defendant continues to be in need of
mental health services but not on an inpatient basis, it may
modify the conditions of the original release in order to
reasonably assure the defendant's satisfactory progress in
treatment and his or her safety and the safety of others in
accordance with the standards established in paragraph (D) of
subsection (a-1). Nothing in this Section shall limit a Court's
contempt powers or any other powers of a Court.
    (j) An order of admission under this Section does not
affect the remedy of habeas corpus.
    (k) In the event of a conflict between this Section and the
Mental Health and Developmental Disabilities Code or the Mental
Health and Developmental Disabilities Confidentiality Act, the
provisions of this Section shall govern.
    (l) Public Act 90-593 shall apply to all persons who have
been found not guilty by reason of insanity and who are
presently committed to the Department of Mental Health and
Developmental Disabilities (now the Department of Human
Services).
    (m) The Clerk of the Court shall transmit a certified copy
of the order of discharge or conditional release to the
Department of Human Services, to the sheriff of the county from
which the defendant was admitted, to the Illinois Department of
State Police, to the proper law enforcement agency for the
municipality where the offense took place, and to the sheriff
of the county into which the defendant is conditionally
discharged. The Illinois Department of State Police shall
maintain a centralized record of discharged or conditionally
released defendants while they are under court supervision for
access and use of appropriate law enforcement agencies.
    (n) The provisions in this Section which allows a crime
victim to make a written and oral statement do not apply if the
defendant was under 18 years of age at the time the offense was
committed.
    (o) If any provision of this Section or its application to
any person or circumstance is held invalid, the invalidity of
that provision does not affect any other provision or
application of this Section that can be given effect without
the invalid provision or application.
(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;
100-863, eff. 8-14-18; 100-961, eff. 1-1-19; revised 10-3-18.)
 
    (730 ILCS 5/5-2-6)  (from Ch. 38, par. 1005-2-6)
    Sec. 5-2-6. Sentencing and treatment of defendant found
guilty but mentally ill.
    (a) After a plea or verdict of guilty but mentally ill
under Section Sections 115-2, 115-3, or 115-4 of the Code of
Criminal Procedure of 1963, the court shall order a presentence
investigation and report pursuant to Sections 5-3-1 and 5-3-2
of this Act, and shall set a date for a sentencing hearing. The
court may impose any sentence upon the defendant which could be
imposed pursuant to law upon a defendant who had been convicted
of the same offense without a finding of mental illness.
    (b) If the court imposes a sentence of imprisonment upon a
defendant who has been found guilty but mentally ill, the
defendant shall be committed to the Department of Corrections,
which shall cause periodic inquiry and examination to be made
concerning the nature, extent, continuance, and treatment of
the defendant's mental illness. The Department of Corrections
shall provide such psychiatric, psychological, or other
counseling and treatment for the defendant as it determines
necessary.
    (c) The Department of Corrections may transfer the
defendant's custody to the Department of Human Services in
accordance with the provisions of Section 3-8-5 of this Act.
    (d) (1) The Department of Human Services shall return to
the Department of Corrections any person committed to it
pursuant to this Section whose sentence has not expired and
whom the Department of Human Services deems no longer requires
hospitalization for mental treatment, an intellectual
disability, or a substance use disorder as defined in Section
1-10 of the Substance Use Disorder Act..
    (2) The Department of Corrections shall notify the
Secretary of Human Services of the expiration of the sentence
of any person transferred to the Department of Human Services
under this Section. If the Department of Human Services
determines that any such person requires further
hospitalization, it shall file an appropriate petition for
involuntary commitment pursuant to the Mental Health and
Developmental Disabilities Code.
    (e) (1) All persons found guilty but mentally ill, whether
by plea or by verdict, who are placed on probation or sentenced
to a term of periodic imprisonment or a period of conditional
discharge shall be required to submit to a course of mental
treatment prescribed by the sentencing court.
    (2) The course of treatment prescribed by the court shall
reasonably assure the defendant's satisfactory progress in
treatment or habilitation and for the safety of the defendant
and others. The court shall consider terms, conditions and
supervision which may include, but need not be limited to,
notification and discharge of the person to the custody of his
family, community adjustment programs, periodic checks with
legal authorities and outpatient care and utilization of local
mental health or developmental disabilities facilities.
    (3) Failure to continue treatment, except by agreement with
the treating person or agency and the court, shall be a basis
for the institution of probation revocation proceedings.
    (4) The period of probation shall be in accordance with
Article 4.5 of Chapter V of this Code and shall not be
shortened without receipt and consideration of such
psychiatric or psychological report or reports as the court may
require.
(Source: P.A. 100-759, eff. 1-1-19; revised 10-3-18.)
 
    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
    Sec. 5-4-1. Sentencing hearing.
    (a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court may in its sentencing order
approve an eligible defendant for placement in a Department of
Corrections impact incarceration program as provided in
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
        (1) consider the evidence, if any, received upon the
    trial;
        (2) consider any presentence reports;
        (3) consider the financial impact of incarceration
    based on the financial impact statement filed with the
    clerk of the court by the Department of Corrections;
        (4) consider evidence and information offered by the
    parties in aggravation and mitigation;
        (4.5) consider substance abuse treatment, eligibility
    screening, and an assessment, if any, of the defendant by
    an agent designated by the State of Illinois to provide
    assessment services for the Illinois courts;
        (5) hear arguments as to sentencing alternatives;
        (6) afford the defendant the opportunity to make a
    statement in his own behalf;
        (7) afford the victim of a violent crime or a violation
    of Section 11-501 of the Illinois Vehicle Code, or a
    similar provision of a local ordinance, the opportunity to
    present an oral or written statement, as guaranteed by
    Article I, Section 8.1 of the Illinois Constitution and
    provided in Section 6 of the Rights of Crime Victims and
    Witnesses Act. The court shall allow a victim to make an
    oral statement if the victim is present in the courtroom
    and requests to make an oral or written statement. An oral
    or written statement includes the victim or a
    representative of the victim reading the written
    statement. The court may allow persons impacted by the
    crime who are not victims under subsection (a) of Section 3
    of the Rights of Crime Victims and Witnesses Act to present
    an oral or written statement. A victim and any person
    making an oral statement shall not be put under oath or
    subject to cross-examination. All statements offered under
    this paragraph (7) shall become part of the record of the
    court. In this paragraph (7), "victim of a violent crime"
    means a person who is a victim of a violent crime for which
    the defendant has been convicted after a bench or jury
    trial or a person who is the victim of a violent crime with
    which the defendant was charged and the defendant has been
    convicted under a plea agreement of a crime that is not a
    violent crime as defined in subsection (c) of 3 of the
    Rights of Crime Victims and Witnesses Act;
        (7.5) afford a qualified person affected by: (i) a
    violation of Section 405, 405.1, 405.2, or 407 of the
    Illinois Controlled Substances Act or a violation of
    Section 55 or Section 65 of the Methamphetamine Control and
    Community Protection Act; or (ii) a Class 4 felony
    violation of Section 11-14, 11-14.3 except as described in
    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
    11-18.1, or 11-19 of the Criminal Code of 1961 or the
    Criminal Code of 2012, committed by the defendant the
    opportunity to make a statement concerning the impact on
    the qualified person and to offer evidence in aggravation
    or mitigation; provided that the statement and evidence
    offered in aggravation or mitigation shall first be
    prepared in writing in conjunction with the State's
    Attorney before it may be presented orally at the hearing.
    Sworn testimony offered by the qualified person is subject
    to the defendant's right to cross-examine. All statements
    and evidence offered under this paragraph (7.5) shall
    become part of the record of the court. In this paragraph
    (7.5), "qualified person" means any person who: (i) lived
    or worked within the territorial jurisdiction where the
    offense took place when the offense took place; or (ii) is
    familiar with various public places within the territorial
    jurisdiction where the offense took place when the offense
    took place. "Qualified person" includes any peace officer
    or any member of any duly organized State, county, or
    municipal peace officer unit assigned to the territorial
    jurisdiction where the offense took place when the offense
    took place;
        (8) in cases of reckless homicide afford the victim's
    spouse, guardians, parents or other immediate family
    members an opportunity to make oral statements;
        (9) in cases involving a felony sex offense as defined
    under the Sex Offender Management Board Act, consider the
    results of the sex offender evaluation conducted pursuant
    to Section 5-3-2 of this Act; and
        (10) make a finding of whether a motor vehicle was used
    in the commission of the offense for which the defendant is
    being sentenced.
    (b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
    (b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
    (c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
    (c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
    (c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
    The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
    When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and when the sentence is imposed for aggravated driving under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser
credit, the actual time served in prison will be longer."
    When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
    When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
    (c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
        (1) order that the officer preparing the presentence
    report consult with the United States Department of
    Veterans Affairs, Illinois Department of Veterans'
    Affairs, or another agency or person with suitable
    knowledge or experience for the purpose of providing the
    court with information regarding treatment options
    available to the defendant, including federal, State, and
    local programming; and
        (2) consider the treatment recommendations of any
    diagnosing or treating mental health professionals
    together with the treatment options available to the
    defendant in imposing sentence.
    For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
    (c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
    (d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
    (e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
        (1) the sentence imposed;
        (2) any statement by the court of the basis for
    imposing the sentence;
        (3) any presentence reports;
        (3.5) any sex offender evaluations;
        (3.6) any substance abuse treatment eligibility
    screening and assessment of the defendant by an agent
    designated by the State of Illinois to provide assessment
    services for the Illinois courts;
        (4) the number of days, if any, which the defendant has
    been in custody and for which he is entitled to credit
    against the sentence, which information shall be provided
    to the clerk by the sheriff;
        (4.1) any finding of great bodily harm made by the
    court with respect to an offense enumerated in subsection
    (c-1);
        (5) all statements filed under subsection (d) of this
    Section;
        (6) any medical or mental health records or summaries
    of the defendant;
        (7) the municipality where the arrest of the offender
    or the commission of the offense has occurred, where such
    municipality has a population of more than 25,000 persons;
        (8) all statements made and evidence offered under
    paragraph (7) of subsection (a) of this Section; and
        (9) all additional matters which the court directs the
    clerk to transmit.
    (f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
100-961, eff. 1-1-19; revised 10-3-18.)
 
    (730 ILCS 5/5-5-3)
    (Text of Section before amendment by P.A. 100-987)
    Sec. 5-5-3. Disposition.
    (a) (Blank).
    (b) (Blank).
    (c) (1) (Blank).
    (2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
        (A) First degree murder where the death penalty is not
    imposed.
        (B) Attempted first degree murder.
        (C) A Class X felony.
        (D) A violation of Section 401.1 or 407 of the Illinois
    Controlled Substances Act, or a violation of subdivision
    (c)(1.5) of Section 401 of that Act which relates to more
    than 5 grams of a substance containing fentanyl or an
    analog thereof.
        (D-5) A violation of subdivision (c)(1) of Section 401
    of the Illinois Controlled Substances Act which relates to
    3 or more grams of a substance containing heroin or an
    analog thereof.
        (E) (Blank).
        (F) A Class 1 or greater felony if the offender had
    been convicted of a Class 1 or greater felony, including
    any state or federal conviction for an offense that
    contained, at the time it was committed, the same elements
    as an offense now (the date of the offense committed after
    the prior Class 1 or greater felony) classified as a Class
    1 or greater felony, within 10 years of the date on which
    the offender committed the offense for which he or she is
    being sentenced, except as otherwise provided in Section
    40-10 of the Substance Use Disorder Act.
        (F-3) A Class 2 or greater felony sex offense or felony
    firearm offense if the offender had been convicted of a
    Class 2 or greater felony, including any state or federal
    conviction for an offense that contained, at the time it
    was committed, the same elements as an offense now (the
    date of the offense committed after the prior Class 2 or
    greater felony) classified as a Class 2 or greater felony,
    within 10 years of the date on which the offender committed
    the offense for which he or she is being sentenced, except
    as otherwise provided in Section 40-10 of the Substance Use
    Disorder Act.
        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
    the Criminal Code of 1961 or the Criminal Code of 2012 for
    which imprisonment is prescribed in those Sections.
        (G) Residential burglary, except as otherwise provided
    in Section 40-10 of the Substance Use Disorder Act.
        (H) Criminal sexual assault.
        (I) Aggravated battery of a senior citizen as described
    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
    of the Criminal Code of 1961 or the Criminal Code of 2012.
        (J) A forcible felony if the offense was related to the
    activities of an organized gang.
        Before July 1, 1994, for the purposes of this
    paragraph, "organized gang" means an association of 5 or
    more persons, with an established hierarchy, that
    encourages members of the association to perpetrate crimes
    or provides support to the members of the association who
    do commit crimes.
        Beginning July 1, 1994, for the purposes of this
    paragraph, "organized gang" has the meaning ascribed to it
    in Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        (K) Vehicular hijacking.
        (L) A second or subsequent conviction for the offense
    of hate crime when the underlying offense upon which the
    hate crime is based is felony aggravated assault or felony
    mob action.
        (M) A second or subsequent conviction for the offense
    of institutional vandalism if the damage to the property
    exceeds $300.
        (N) A Class 3 felony violation of paragraph (1) of
    subsection (a) of Section 2 of the Firearm Owners
    Identification Card Act.
        (O) A violation of Section 12-6.1 or 12-6.5 of the
    Criminal Code of 1961 or the Criminal Code of 2012.
        (P) A violation of paragraph (1), (2), (3), (4), (5),
    or (7) of subsection (a) of Section 11-20.1 of the Criminal
    Code of 1961 or the Criminal Code of 2012.
        (Q) A violation of subsection (b) or (b-5) of Section
    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
    Code of 1961 or the Criminal Code of 2012.
        (R) A violation of Section 24-3A of the Criminal Code
    of 1961 or the Criminal Code of 2012.
        (S) (Blank).
        (T) (Blank).
        (U) A second or subsequent violation of Section 6-303
    of the Illinois Vehicle Code committed while his or her
    driver's license, permit, or privilege was revoked because
    of a violation of Section 9-3 of the Criminal Code of 1961
    or the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar provision of a law of
    another state.
        (V) A violation of paragraph (4) of subsection (c) of
    Section 11-20.1B or paragraph (4) of subsection (c) of
    Section 11-20.3 of the Criminal Code of 1961, or paragraph
    (6) of subsection (a) of Section 11-20.1 of the Criminal
    Code of 2012 when the victim is under 13 years of age and
    the defendant has previously been convicted under the laws
    of this State or any other state of the offense of child
    pornography, aggravated child pornography, aggravated
    criminal sexual abuse, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, or any of the
    offenses formerly known as rape, deviate sexual assault,
    indecent liberties with a child, or aggravated indecent
    liberties with a child where the victim was under the age
    of 18 years or an offense that is substantially equivalent
    to those offenses.
        (W) A violation of Section 24-3.5 of the Criminal Code
    of 1961 or the Criminal Code of 2012.
        (X) A violation of subsection (a) of Section 31-1a of
    the Criminal Code of 1961 or the Criminal Code of 2012.
        (Y) A conviction for unlawful possession of a firearm
    by a street gang member when the firearm was loaded or
    contained firearm ammunition.
        (Z) A Class 1 felony committed while he or she was
    serving a term of probation or conditional discharge for a
    felony.
        (AA) Theft of property exceeding $500,000 and not
    exceeding $1,000,000 in value.
        (BB) Laundering of criminally derived property of a
    value exceeding $500,000.
        (CC) Knowingly selling, offering for sale, holding for
    sale, or using 2,000 or more counterfeit items or
    counterfeit items having a retail value in the aggregate of
    $500,000 or more.
        (DD) A conviction for aggravated assault under
    paragraph (6) of subsection (c) of Section 12-2 of the
    Criminal Code of 1961 or the Criminal Code of 2012 if the
    firearm is aimed toward the person against whom the firearm
    is being used.
        (EE) A conviction for a violation of paragraph (2) of
    subsection (a) of Section 24-3B of the Criminal Code of
    2012.
    (3) (Blank).
    (4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
    (4.1) (Blank).
    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
    (4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
    (4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code. The court may give
credit toward the fulfillment of community service hours for
participation in activities and treatment as determined by
court services.
    (4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
    (4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
    (4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
    (4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
    (4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
    (4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
    (5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
        (A) a period of conditional discharge;
        (B) a fine;
        (C) make restitution to the victim under Section 5-5-6
    of this Code.
    (5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
    (5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
    (5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
    (5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
    (5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
    (6) (Blank).
    (7) (Blank).
    (8) (Blank).
    (9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
    (10) (Blank).
    (11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
    (12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
    (13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
    (d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of this the Unified
Code of Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
    (e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
        (1) the court finds (A) or (B) or both are appropriate:
            (A) the defendant is willing to undergo a court
        approved counseling program for a minimum duration of 2
        years; or
            (B) the defendant is willing to participate in a
        court approved plan including but not limited to the
        defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            family;
                (iv) restitution for harm done to the victim;
            and
                (v) compliance with any other measures that
            the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    victim's counseling services, to the extent that the court
    finds, after considering the defendant's income and
    assets, that the defendant is financially capable of paying
    for such services, if the victim was under 18 years of age
    at the time the offense was committed and requires
    counseling as a result of the offense.
    Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
    (f) (Blank).
    (g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
    (g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
    (h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
    (i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
    (j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
    (k) (Blank).
    (l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
        (1) a final order of deportation has been issued
    against the defendant pursuant to proceedings under the
    Immigration and Nationality Act, and
        (2) the deportation of the defendant would not
    deprecate the seriousness of the defendant's conduct and
    would not be inconsistent with the ends of justice.
    Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
    (B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
        (1) a final order of deportation has been issued
    against the defendant pursuant to proceedings under the
    Immigration and Nationality Act, and
        (2) the deportation of the defendant would not
    deprecate the seriousness of the defendant's conduct and
    would not be inconsistent with the ends of justice.
    (C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
    (D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under Section
3-6-3.
    (m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
    (n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
    (o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
1-1-19; revised 10-12-18.)
 
    (Text of Section after amendment by P.A. 100-987)
    Sec. 5-5-3. Disposition.
    (a) (Blank).
    (b) (Blank).
    (c) (1) (Blank).
    (2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
        (A) First degree murder where the death penalty is not
    imposed.
        (B) Attempted first degree murder.
        (C) A Class X felony.
        (D) A violation of Section 401.1 or 407 of the Illinois
    Controlled Substances Act, or a violation of subdivision
    (c)(1.5) of Section 401 of that Act which relates to more
    than 5 grams of a substance containing fentanyl or an
    analog thereof.
        (D-5) A violation of subdivision (c)(1) of Section 401
    of the Illinois Controlled Substances Act which relates to
    3 or more grams of a substance containing heroin or an
    analog thereof.
        (E) (Blank).
        (F) A Class 1 or greater felony if the offender had
    been convicted of a Class 1 or greater felony, including
    any state or federal conviction for an offense that
    contained, at the time it was committed, the same elements
    as an offense now (the date of the offense committed after
    the prior Class 1 or greater felony) classified as a Class
    1 or greater felony, within 10 years of the date on which
    the offender committed the offense for which he or she is
    being sentenced, except as otherwise provided in Section
    40-10 of the Substance Use Disorder Act.
        (F-3) A Class 2 or greater felony sex offense or felony
    firearm offense if the offender had been convicted of a
    Class 2 or greater felony, including any state or federal
    conviction for an offense that contained, at the time it
    was committed, the same elements as an offense now (the
    date of the offense committed after the prior Class 2 or
    greater felony) classified as a Class 2 or greater felony,
    within 10 years of the date on which the offender committed
    the offense for which he or she is being sentenced, except
    as otherwise provided in Section 40-10 of the Substance Use
    Disorder Act.
        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
    the Criminal Code of 1961 or the Criminal Code of 2012 for
    which imprisonment is prescribed in those Sections.
        (G) Residential burglary, except as otherwise provided
    in Section 40-10 of the Substance Use Disorder Act.
        (H) Criminal sexual assault.
        (I) Aggravated battery of a senior citizen as described
    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
    of the Criminal Code of 1961 or the Criminal Code of 2012.
        (J) A forcible felony if the offense was related to the
    activities of an organized gang.
        Before July 1, 1994, for the purposes of this
    paragraph, "organized gang" means an association of 5 or
    more persons, with an established hierarchy, that
    encourages members of the association to perpetrate crimes
    or provides support to the members of the association who
    do commit crimes.
        Beginning July 1, 1994, for the purposes of this
    paragraph, "organized gang" has the meaning ascribed to it
    in Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        (K) Vehicular hijacking.
        (L) A second or subsequent conviction for the offense
    of hate crime when the underlying offense upon which the
    hate crime is based is felony aggravated assault or felony
    mob action.
        (M) A second or subsequent conviction for the offense
    of institutional vandalism if the damage to the property
    exceeds $300.
        (N) A Class 3 felony violation of paragraph (1) of
    subsection (a) of Section 2 of the Firearm Owners
    Identification Card Act.
        (O) A violation of Section 12-6.1 or 12-6.5 of the
    Criminal Code of 1961 or the Criminal Code of 2012.
        (P) A violation of paragraph (1), (2), (3), (4), (5),
    or (7) of subsection (a) of Section 11-20.1 of the Criminal
    Code of 1961 or the Criminal Code of 2012.
        (Q) A violation of subsection (b) or (b-5) of Section
    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
    Code of 1961 or the Criminal Code of 2012.
        (R) A violation of Section 24-3A of the Criminal Code
    of 1961 or the Criminal Code of 2012.
        (S) (Blank).
        (T) (Blank).
        (U) A second or subsequent violation of Section 6-303
    of the Illinois Vehicle Code committed while his or her
    driver's license, permit, or privilege was revoked because
    of a violation of Section 9-3 of the Criminal Code of 1961
    or the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar provision of a law of
    another state.
        (V) A violation of paragraph (4) of subsection (c) of
    Section 11-20.1B or paragraph (4) of subsection (c) of
    Section 11-20.3 of the Criminal Code of 1961, or paragraph
    (6) of subsection (a) of Section 11-20.1 of the Criminal
    Code of 2012 when the victim is under 13 years of age and
    the defendant has previously been convicted under the laws
    of this State or any other state of the offense of child
    pornography, aggravated child pornography, aggravated
    criminal sexual abuse, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, or any of the
    offenses formerly known as rape, deviate sexual assault,
    indecent liberties with a child, or aggravated indecent
    liberties with a child where the victim was under the age
    of 18 years or an offense that is substantially equivalent
    to those offenses.
        (W) A violation of Section 24-3.5 of the Criminal Code
    of 1961 or the Criminal Code of 2012.
        (X) A violation of subsection (a) of Section 31-1a of
    the Criminal Code of 1961 or the Criminal Code of 2012.
        (Y) A conviction for unlawful possession of a firearm
    by a street gang member when the firearm was loaded or
    contained firearm ammunition.
        (Z) A Class 1 felony committed while he or she was
    serving a term of probation or conditional discharge for a
    felony.
        (AA) Theft of property exceeding $500,000 and not
    exceeding $1,000,000 in value.
        (BB) Laundering of criminally derived property of a
    value exceeding $500,000.
        (CC) Knowingly selling, offering for sale, holding for
    sale, or using 2,000 or more counterfeit items or
    counterfeit items having a retail value in the aggregate of
    $500,000 or more.
        (DD) A conviction for aggravated assault under
    paragraph (6) of subsection (c) of Section 12-2 of the
    Criminal Code of 1961 or the Criminal Code of 2012 if the
    firearm is aimed toward the person against whom the firearm
    is being used.
        (EE) A conviction for a violation of paragraph (2) of
    subsection (a) of Section 24-3B of the Criminal Code of
    2012.
    (3) (Blank).
    (4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
    (4.1) (Blank).
    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
    (4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
    (4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code. The court may give
credit toward the fulfillment of community service hours for
participation in activities and treatment as determined by
court services.
    (4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
    (4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
    (4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
    (4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
    (4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
    (4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
    (5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
        (A) a period of conditional discharge;
        (B) a fine;
        (C) make restitution to the victim under Section 5-5-6
    of this Code.
    (5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
    (5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
    (5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
    (5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
    (5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
    (6) (Blank).
    (7) (Blank).
    (8) (Blank).
    (9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
    (10) (Blank).
    (11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
    (12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
    (13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
    (d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of this the Unified
Code of Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
    (e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
        (1) the court finds (A) or (B) or both are appropriate:
            (A) the defendant is willing to undergo a court
        approved counseling program for a minimum duration of 2
        years; or
            (B) the defendant is willing to participate in a
        court approved plan including but not limited to the
        defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            family;
                (iv) restitution for harm done to the victim;
            and
                (v) compliance with any other measures that
            the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    victim's counseling services, to the extent that the court
    finds, after considering the defendant's income and
    assets, that the defendant is financially capable of paying
    for such services, if the victim was under 18 years of age
    at the time the offense was committed and requires
    counseling as a result of the offense.
    Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
    (f) (Blank).
    (g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
    (g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
    (h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
    (i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
    (j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
    (j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
    (k) (Blank).
    (l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
        (1) a final order of deportation has been issued
    against the defendant pursuant to proceedings under the
    Immigration and Nationality Act, and
        (2) the deportation of the defendant would not
    deprecate the seriousness of the defendant's conduct and
    would not be inconsistent with the ends of justice.
    Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
    (B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
        (1) a final order of deportation has been issued
    against the defendant pursuant to proceedings under the
    Immigration and Nationality Act, and
        (2) the deportation of the defendant would not
    deprecate the seriousness of the defendant's conduct and
    would not be inconsistent with the ends of justice.
    (C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
    (D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under Section
3-6-3.
    (m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
    (n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
    (o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
1-1-19; 100-987, eff. 7-1-19; revised 10-12-18.)
 
    (730 ILCS 5/5-5-6)  (from Ch. 38, par. 1005-5-6)
    Sec. 5-5-6. In all convictions for offenses in violation of
the Criminal Code of 1961 or the Criminal Code of 2012 or of
Section 11-501 of the Illinois Vehicle Code in which the person
received any injury to his or her person or damage to his or
her real or personal property as a result of the criminal act
of the defendant, the court shall order restitution as provided
in this Section. In all other cases, except cases in which
restitution is required under this Section, the court must at
the sentence hearing determine whether restitution is an
appropriate sentence to be imposed on each defendant convicted
of an offense. If the court determines that an order directing
the offender to make restitution is appropriate, the offender
may be sentenced to make restitution. The court may consider
restitution an appropriate sentence to be imposed on each
defendant convicted of an offense in addition to a sentence of
imprisonment. The sentence of the defendant to a term of
imprisonment is not a mitigating factor that prevents the court
from ordering the defendant to pay restitution. If the offender
is sentenced to make restitution the Court shall determine the
restitution as hereinafter set forth:
        (a) At the sentence hearing, the court shall determine
    whether the property may be restored in kind to the
    possession of the owner or the person entitled to
    possession thereof; or whether the defendant is possessed
    of sufficient skill to repair and restore property damaged;
    or whether the defendant should be required to make
    restitution in cash, for out-of-pocket expenses, damages,
    losses, or injuries found to have been proximately caused
    by the conduct of the defendant or another for whom the
    defendant is legally accountable under the provisions of
    Article 5 of the Criminal Code of 1961 or the Criminal Code
    of 2012.
        (b) In fixing the amount of restitution to be paid in
    cash, the court shall allow credit for property returned in
    kind, for property damages ordered to be repaired by the
    defendant, and for property ordered to be restored by the
    defendant; and after granting the credit, the court shall
    assess the actual out-of-pocket expenses, losses, damages,
    and injuries suffered by the victim named in the charge and
    any other victims who may also have suffered out-of-pocket
    expenses, losses, damages, and injuries proximately caused
    by the same criminal conduct of the defendant, and
    insurance carriers who have indemnified the named victim or
    other victims for the out-of-pocket expenses, losses,
    damages, or injuries, provided that in no event shall
    restitution be ordered to be paid on account of pain and
    suffering. When a victim's out-of-pocket expenses have
    been paid pursuant to the Crime Victims Compensation Act,
    the court shall order restitution be paid to the
    compensation program. If a defendant is placed on
    supervision for, or convicted of, domestic battery, the
    defendant shall be required to pay restitution to any
    domestic violence shelter in which the victim and any other
    family or household members lived because of the domestic
    battery. The amount of the restitution shall equal the
    actual expenses of the domestic violence shelter in
    providing housing and any other services for the victim and
    any other family or household members living at the
    shelter. If a defendant fails to pay restitution in the
    manner or within the time period specified by the court,
    the court may enter an order directing the sheriff to seize
    any real or personal property of a defendant to the extent
    necessary to satisfy the order of restitution and dispose
    of the property by public sale. All proceeds from such sale
    in excess of the amount of restitution plus court costs and
    the costs of the sheriff in conducting the sale shall be
    paid to the defendant. The defendant convicted of domestic
    battery, if a person under 18 years of age was present and
    witnessed the domestic battery of the victim, is liable to
    pay restitution for the cost of any counseling required for
    the child at the discretion of the court.
        (c) In cases where more than one defendant is
    accountable for the same criminal conduct that results in
    out-of-pocket expenses, losses, damages, or injuries, each
    defendant shall be ordered to pay restitution in the amount
    of the total actual out-of-pocket expenses, losses,
    damages, or injuries to the victim proximately caused by
    the conduct of all of the defendants who are legally
    accountable for the offense.
            (1) In no event shall the victim be entitled to
        recover restitution in excess of the actual
        out-of-pocket expenses, losses, damages, or injuries,
        proximately caused by the conduct of all of the
        defendants.
            (2) As between the defendants, the court may
        apportion the restitution that is payable in
        proportion to each co-defendant's culpability in the
        commission of the offense.
            (3) In the absence of a specific order apportioning
        the restitution, each defendant shall bear his pro rata
        share of the restitution.
            (4) As between the defendants, each defendant
        shall be entitled to a pro rata reduction in the total
        restitution required to be paid to the victim for
        amounts of restitution actually paid by co-defendants,
        and defendants who shall have paid more than their pro
        rata share shall be entitled to refunds to be computed
        by the court as additional amounts are paid by
        co-defendants.
        (d) In instances where a defendant has more than one
    criminal charge pending against him in a single case, or
    more than one case, and the defendant stands convicted of
    one or more charges, a plea agreement negotiated by the
    State's Attorney and the defendants may require the
    defendant to make restitution to victims of charges that
    have been dismissed or which it is contemplated will be
    dismissed under the terms of the plea agreement, and under
    the agreement, the court may impose a sentence of
    restitution on the charge or charges of which the defendant
    has been convicted that would require the defendant to make
    restitution to victims of other offenses as provided in the
    plea agreement.
        (e) The court may require the defendant to apply the
    balance of the cash bond, after payment of court costs, and
    any fine that may be imposed to the payment of restitution.
        (f) Taking into consideration the ability of the
    defendant to pay, including any real or personal property
    or any other assets of the defendant, the court shall
    determine whether restitution shall be paid in a single
    payment or in installments, and shall fix a period of time
    not in excess of 5 years, except for violations of Sections
    16-1.3 and 17-56 of the Criminal Code of 1961 or the
    Criminal Code of 2012, or the period of time specified in
    subsection (f-1), not including periods of incarceration,
    within which payment of restitution is to be paid in full.
    Complete restitution shall be paid in as short a time
    period as possible. However, if the court deems it
    necessary and in the best interest of the victim, the court
    may extend beyond 5 years the period of time within which
    the payment of restitution is to be paid. If the defendant
    is ordered to pay restitution and the court orders that
    restitution is to be paid over a period greater than 6
    months, the court shall order that the defendant make
    monthly payments; the court may waive this requirement of
    monthly payments only if there is a specific finding of
    good cause for waiver.
        (f-1)(1) In addition to any other penalty prescribed by
    law and any restitution ordered under this Section that did
    not include long-term physical health care costs, the court
    may, upon conviction of any misdemeanor or felony, order a
    defendant to pay restitution to a victim in accordance with
    the provisions of this subsection (f-1) if the victim has
    suffered physical injury as a result of the offense that is
    reasonably probable to require or has required long-term
    physical health care for more than 3 months. As used in
    this subsection (f-1), "long-term physical health care"
    includes mental health care.
        (2) The victim's estimate of long-term physical health
    care costs may be made as part of a victim impact statement
    under Section 6 of the Rights of Crime Victims and
    Witnesses Act or made separately. The court shall enter the
    long-term physical health care restitution order at the
    time of sentencing. An order of restitution made under this
    subsection (f-1) shall fix a monthly amount to be paid by
    the defendant for as long as long-term physical health care
    of the victim is required as a result of the offense. The
    order may exceed the length of any sentence imposed upon
    the defendant for the criminal activity. The court shall
    include as a special finding in the judgment of conviction
    its determination of the monthly cost of long-term physical
    health care.
        (3) After a sentencing order has been entered, the
    court may from time to time, on the petition of either the
    defendant or the victim, or upon its own motion, enter an
    order for restitution for long-term physical care or modify
    the existing order for restitution for long-term physical
    care as to the amount of monthly payments. Any modification
    of the order shall be based only upon a substantial change
    of circumstances relating to the cost of long-term physical
    health care or the financial condition of either the
    defendant or the victim. The petition shall be filed as
    part of the original criminal docket.
        (g) In addition to the sentences provided for in
    Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
    11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,
    12-14.1, 12-15, and 12-16, and subdivision (a)(4) of
    Section 11-14.4, of the Criminal Code of 1961 or the
    Criminal Code of 2012, the court may order any person who
    is convicted of violating any of those Sections or who was
    charged with any of those offenses and which charge was
    reduced to another charge as a result of a plea agreement
    under subsection (d) of this Section to meet all or any
    portion of the financial obligations of treatment,
    including but not limited to medical, psychiatric, or
    rehabilitative treatment or psychological counseling,
    prescribed for the victim or victims of the offense.
        The payments shall be made by the defendant to the
    clerk of the circuit court and transmitted by the clerk to
    the appropriate person or agency as directed by the court.
    Except as otherwise provided in subsection (f-1), the order
    may require such payments to be made for a period not to
    exceed 5 years after sentencing, not including periods of
    incarceration.
        (h) The judge may enter an order of withholding to
    collect the amount of restitution owed in accordance with
    Part 8 of Article XII of the Code of Civil Procedure.
        (i) A sentence of restitution may be modified or
    revoked by the court if the offender commits another
    offense, or the offender fails to make restitution as
    ordered by the court, but no sentence to make restitution
    shall be revoked unless the court shall find that the
    offender has had the financial ability to make restitution,
    and he has wilfully refused to do so. When the offender's
    ability to pay restitution was established at the time an
    order of restitution was entered or modified, or when the
    offender's ability to pay was based on the offender's
    willingness to make restitution as part of a plea agreement
    made at the time the order of restitution was entered or
    modified, there is a rebuttable presumption that the facts
    and circumstances considered by the court at the hearing at
    which the order of restitution was entered or modified
    regarding the offender's ability or willingness to pay
    restitution have not materially changed. If the court shall
    find that the defendant has failed to make restitution and
    that the failure is not wilful, the court may impose an
    additional period of time within which to make restitution.
    The length of the additional period shall not be more than
    2 years. The court shall retain all of the incidents of the
    original sentence, including the authority to modify or
    enlarge the conditions, and to revoke or further modify the
    sentence if the conditions of payment are violated during
    the additional period.
        (j) The procedure upon the filing of a Petition to
    Revoke a sentence to make restitution shall be the same as
    the procedures set forth in Section 5-6-4 of this Code
    governing violation, modification, or revocation of
    Probation, of Conditional Discharge, or of Supervision.
        (k) Nothing contained in this Section shall preclude
    the right of any party to proceed in a civil action to
    recover for any damages incurred due to the criminal
    misconduct of the defendant.
        (l) Restitution ordered under this Section shall not be
    subject to disbursement by the circuit clerk under the
    Criminal and Traffic Assessment Act.
        (m) A restitution order under this Section is a
    judgment lien in favor of the victim that:
            (1) Attaches to the property of the person subject
        to the order;
            (2) May be perfected in the same manner as provided
        in Part 3 of Article 9 of the Uniform Commercial Code;
            (3) May be enforced to satisfy any payment that is
        delinquent under the restitution order by the person in
        whose favor the order is issued or the person's
        assignee; and
            (4) Expires in the same manner as a judgment lien
        created in a civil proceeding.
        When a restitution order is issued under this Section,
    the issuing court shall send a certified copy of the order
    to the clerk of the circuit court in the county where the
    charge was filed. Upon receiving the order, the clerk shall
    enter and index the order in the circuit court judgment
    docket.
        (n) An order of restitution under this Section does not
    bar a civil action for:
            (1) Damages that the court did not require the
        person to pay to the victim under the restitution order
        but arise from an injury or property damages that is
        the basis of restitution ordered by the court; and
            (2) Other damages suffered by the victim.
    The restitution order is not discharged by the completion
of the sentence imposed for the offense.
    A restitution order under this Section is not discharged by
the liquidation of a person's estate by a receiver. A
restitution order under this Section may be enforced in the
same manner as judgment liens are enforced under Article XII of
the Code of Civil Procedure.
    The provisions of Section 2-1303 of the Code of Civil
Procedure, providing for interest on judgments, apply to
judgments for restitution entered under this Section.
(Source: P.A. 100-987, eff. 7-1-19; revised 10-3-18.)
 
    (730 ILCS 5/5-7-1)  (from Ch. 38, par. 1005-7-1)
    Sec. 5-7-1. Sentence of periodic imprisonment.
    (a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be released
for periods of time during the day or night or for periods of
days, or both, or if convicted of a felony, other than first
degree murder, a Class X or Class 1 felony, committed to any
county, municipal, or regional correctional or detention
institution or facility in this State for such periods of time
as the court may direct. Unless the court orders otherwise, the
particular times and conditions of release shall be determined
by the Department of Corrections, the sheriff, or the
Superintendent of the house of corrections, who is
administering the program.
    (b) A sentence of periodic imprisonment may be imposed to
permit the defendant to:
        (1) seek employment;
        (2) work;
        (3) conduct a business or other self-employed
    occupation including housekeeping;
        (4) attend to family needs;
        (5) attend an educational institution, including
    vocational education;
        (6) obtain medical or psychological treatment;
        (7) perform work duties at a county, municipal, or
    regional correctional or detention institution or
    facility;
        (8) continue to reside at home with or without
    supervision involving the use of an approved electronic
    monitoring device, subject to Article 8A of Chapter V; or
        (9) for any other purpose determined by the court.
    (c) Except where prohibited by other provisions of this
Code, the court may impose a sentence of periodic imprisonment
for a felony or misdemeanor on a person who is 17 years of age
or older. The court shall not impose a sentence of periodic
imprisonment if it imposes a sentence of imprisonment upon the
defendant in excess of 90 days.
    (d) A sentence of periodic imprisonment shall be for a
definite term of from 3 to 4 years for a Class 1 felony, 18 to
30 months for a Class 2 felony, and up to 18 months, or the
longest sentence of imprisonment that could be imposed for the
offense, whichever is less, for all other offenses; however, no
person shall be sentenced to a term of periodic imprisonment
longer than one year if he is committed to a county
correctional institution or facility, and in conjunction with
that sentence participate in a county work release program
comparable to the work and day release program provided for in
Article 13 of Chapter III of this Code the Unified Code of
Corrections in State facilities. The term of the sentence shall
be calculated upon the basis of the duration of its term rather
than upon the basis of the actual days spent in confinement. No
sentence of periodic imprisonment shall be subject to the good
time credit provisions of Section 3-6-3 of this Code.
    (e) When the court imposes a sentence of periodic
imprisonment, it shall state:
        (1) the term of such sentence;
        (2) the days or parts of days which the defendant is to
    be confined;
        (3) the conditions.
    (f) The court may issue an order of protection pursuant to
the Illinois Domestic Violence Act of 1986 as a condition of a
sentence of periodic imprisonment. The Illinois Domestic
Violence Act of 1986 shall govern the issuance, enforcement and
recording of orders of protection issued under this Section. A
copy of the order of protection shall be transmitted to the
person or agency having responsibility for the case.
    (f-5) An offender sentenced to a term of periodic
imprisonment for a felony sex offense as defined in the Sex
Offender Management Board Act shall be required to undergo and
successfully complete sex offender treatment by a treatment
provider approved by the Board and conducted in conformance
with the standards developed under the Sex Offender Management
Board Act.
    (g) An offender sentenced to periodic imprisonment who
undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay the costs incidental to such
mandatory drug or alcohol testing, or both, and costs
incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all offenders with a sentence of
periodic imprisonment. The concurrence of the Chief Judge shall
be in the form of an administrative order. The fees shall be
collected by the clerk of the circuit court, except as provided
in an administrative order of the Chief Judge of the circuit
court. The clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer who shall use
the moneys collected to defray the costs of drug testing,
alcohol testing, and electronic monitoring. The county
treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h) All fees and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
    The Chief Judge of the circuit court of the county may by
administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device, and
collects the fees on behalf of the county. The program shall
include provisions for indigent offenders and the collection of
unpaid fees. The program shall not unduly burden the offender
and shall be subject to review by the Chief Judge.
    The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
    (i) A defendant at least 17 years of age who is convicted
of a misdemeanor or felony in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or a felony and who is sentenced to a term of
periodic imprisonment may as a condition of his or her sentence
be required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to work
toward receiving a high school diploma or to work toward
passing high school equivalency testing or to work toward
completing a vocational training program approved by the court.
The defendant sentenced to periodic imprisonment must attend a
public institution of education to obtain the educational or
vocational training required by this subsection (i). The
defendant sentenced to a term of periodic imprisonment shall be
required to pay for the cost of the educational courses or high
school equivalency testing if a fee is charged for those
courses or testing. The court shall revoke the sentence of
periodic imprisonment of the defendant who wilfully fails to
comply with this subsection (i). The court shall resentence the
defendant whose sentence of periodic imprisonment has been
revoked as provided in Section 5-7-2. This subsection (i) does
not apply to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This
subsection (i) does not apply to a defendant who is determined
by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the educational or
vocational program.
(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
100-987, eff. 7-1-19; revised 10-3-18.)
 
    Section 715. The Code of Civil Procedure is amended by
changing Section 21-103 as follows:
 
    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
    Sec. 21-103. Notice by publication.
    (a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the person
resides, or if no newspaper is published in that county, then
in some convenient newspaper published in this State. The
notice shall be inserted for 3 consecutive weeks after filing,
the first insertion to be at least 6 weeks before the return
day upon which the petition is to be heard, and shall be signed
by the petitioner or, in case of a minor, the minor's parent or
guardian, and shall set forth the return day of court on which
the petition is to be heard and the name sought to be assumed.
    (b) The publication requirement of subsection (a) shall not
be required in any application for a change of name involving a
minor if, before making judgment under this Article, reasonable
notice and opportunity to be heard is given to any parent whose
parental rights have not been previously terminated and to any
person who has physical custody of the child. If any of these
persons are outside this State, notice and opportunity to be
heard shall be given under Section 21-104.
    (b-5) Upon motion, the court may issue an order directing
that the notice and publication requirement be waived for a
change of name involving a person who files with the court a
written declaration that the person believes that publishing
notice of the name change would put the person at risk of
physical harm or discrimination. The person must provide
evidence to support the claim that publishing notice of the
name change would put the person at risk of physical harm or
discrimination.
    (c) The Director of State Police or his or her designee may
apply to the circuit court for an order directing that the
notice and publication requirements of this Section be waived
if the Director or his or her designee certifies that the name
change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
    (c-1) The court may enter a written order waiving the
publication requirement of subsection (a) if:
        (i) the petitioner is 18 years of age or older; and
        (ii) concurrent with the petition, the petitioner
    files with the court a statement, verified under oath as
    provided under Section 1-109 of this Code, attesting that
    the petitioner is or has been a person protected under the
    Illinois Domestic Violence Act of 1986, the Stalking No
    Contact Order Act, the Civil No Contact Order Act, Article
    112A of the Code of Criminal Procedure of 1963, a condition
    of bail under subsections (b) through (d) of Section 110-10
    of the Code of Criminal Procedure of 1963, or a similar
    provision of a law in another state or jurisdiction.
    The petitioner may attach to the statement any supporting
documents, including relevant court orders.
    (c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the petitioner
or any member of the petitioner's family or household at risk
or reveal the confidential address of a shelter for domestic
violence victims, that address may be omitted from all
documents filed with the court, and the petitioner may
designate an alternative address for service.
    (c-3) Court administrators may allow domestic abuse
advocates, rape crisis advocates, and victim advocates to
assist petitioners in the preparation of name changes under
subsection (c-1).
    (c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order
impounding the case.
    (d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
100-565 for the effective date of P.A. 100-520); 100-788, eff.
1-1-19; 100-966, eff. 1-1-19; revised 10-4-18.)
 
    Section 720. The Illinois Antitrust Act is amended by
changing Section 5 as follows:
 
    (740 ILCS 10/5)  (from Ch. 38, par. 60-5)
    Sec. 5. No provisions of this Act shall be construed to
make illegal:
        (1) the activities of any labor organization or of
    individual members thereof which are directed solely to
    labor objectives which are legitimate under the laws of
    either the State of Illinois or the United States;
        (2) the activities of any agricultural or
    horticultural cooperative organization, whether
    incorporated or unincorporated, or of individual members
    thereof, which are directed solely to objectives of such
    cooperative organizations which are legitimate under the
    laws of either the State of Illinois or the United States;
        (3) the activities of any public utility, as defined in
    Section 3-105 of the Public Utilities Act to the extent
    that such activities are subject to a clearly articulated
    and affirmatively expressed State policy to replace
    competition with regulation, where the conduct to be
    exempted is actively supervised by the State itself;
        (4) the activities of a telecommunications carrier, as
    defined in Section 13-202 of the Public Utilities Act, to
    the extent those activities relate to the provision of
    noncompetitive telecommunications services under the
    Public Utilities Act and are subject to the jurisdiction of
    the Illinois Commerce Commission or to the activities of
    telephone mutual concerns referred to in Section 13-202 of
    the Public Utilities Act to the extent those activities
    relate to the provision and maintenance of telephone
    service to owners and customers;
        (5) the activities (including, but not limited to, the
    making of or participating in joint underwriting or joint
    reinsurance arrangement) of any insurer, insurance agent,
    insurance broker, independent insurance adjuster or rating
    organization to the extent that such activities are subject
    to regulation by the Director of Insurance of this State
    under, or are permitted or are authorized by, the Illinois
    Insurance Code or any other law of this State;
        (6) the religious and charitable activities of any
    not-for-profit corporation, trust or organization
    established exclusively for religious or charitable
    purposes, or for both purposes;
        (7) the activities of any not-for-profit corporation
    organized to provide telephone service on a mutual or
    cooperative co-operative basis or electrification on a
    cooperative co-operative basis, to the extent such
    activities relate to the marketing and distribution of
    telephone or electrical service to owners and customers;
        (8) the activities engaged in by securities dealers who
    are (i) licensed by the State of Illinois or (ii) members
    of the National Association of Securities Dealers or (iii)
    members of any National Securities Exchange registered
    with the Securities and Exchange Commission under the
    Securities Exchange Act of 1934, as amended, in the course
    of their business of offering, selling, buying and selling,
    or otherwise trading in or underwriting securities, as
    agent, broker, or principal, and activities of any National
    Securities Exchange so registered, including the
    establishment of commission rates and schedules of
    charges;
        (9) the activities of any board of trade designated as
    a "contract market" by the Secretary of Agriculture of the
    United States pursuant to Section 5 of the Commodity
    Exchange Act, as amended;
        (10) the activities of any motor carrier, rail carrier,
    or common carrier by pipeline, as defined in the Common
    Carrier by Pipeline Law of the Public Utilities Act, to the
    extent that such activities are permitted or authorized by
    the Act or are subject to regulation by the Illinois
    Commerce Commission;
        (11) the activities of any state or national bank to
    the extent that such activities are regulated or supervised
    by officers of the state or federal government under the
    banking laws of this State or the United States;
        (12) the activities of any state or federal savings and
    loan association to the extent that such activities are
    regulated or supervised by officers of the state or federal
    government under the savings and loan laws of this State or
    the United States;
        (13) the activities of any bona fide not-for-profit
    association, society or board, of attorneys, practitioners
    of medicine, architects, engineers, land surveyors or real
    estate brokers licensed and regulated by an agency of the
    State of Illinois, in recommending schedules of suggested
    fees, rates or commissions for use solely as guidelines in
    determining charges for professional and technical
    services;
        (14) conduct involving trade or commerce (other than
    import trade or import commerce) with foreign nations
    unless:
            (a) such conduct has a direct, substantial, and
        reasonably foreseeable effect:
                (i) on trade or commerce which is not trade or
            commerce with foreign nations, or on import trade
            or import commerce with foreign nations; or
                (ii) on export trade or export commerce with
            foreign nations of a person engaged in such trade
            or commerce in the United States; and
            (b) such effect gives rise to a claim under the
        provisions of this Act, other than this subsection
        (14).
        If this Act applies to conduct referred to in this
    subsection (14) only because of the provisions of paragraph
    (a)(ii), then this Act shall apply to such conduct only for
    injury to export business in the United States which
    affects this State; or
        (15) the activities of a unit of local government or
    school district and the activities of the employees, agents
    and officers of a unit of local government or school
    district; or
        (16) the activities of a manufacturer, manufacturer
    clearinghouse, or any entity developing, implementing,
    operating, participating in, or performing any other
    activities related to a manufacturer e-waste program
    approved pursuant to the Consumer Electronics Recycling
    Act, to the extent that such activities are permitted or
    authorized by this Act or are subject to regulation by the
    Consumer Electronics Recycling Act and are subject to the
    jurisdiction of and regulation by the Illinois Pollution
    Control Board or the Illinois Environmental Protection
    Agency; this paragraph does not limit, preempt, or exclude
    the jurisdiction of any other commission, agency, or court
    system to adjudicate personal injury or workers'
    compensation claims.
(Source: P.A. 100-592, eff. 6-22-18; 100-863, eff. 8-14-18;
revised 10-4-18.)
 
    Section 725. The Crime Victims Compensation Act is amended
by changing Section 2 as follows:
 
    (740 ILCS 45/2)  (from Ch. 70, par. 72)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
finds is entitled to compensation, including the guardian of a
minor or of a person under legal disability. It includes any
person who was a dependent of a deceased victim of a crime of
violence for his or her support at the time of the death of
that victim.
    (b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
    (c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or
Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
the Cemetery Protection Act, Section 125 of the Stalking No
Contact Order Act, Section 219 of the Civil No Contact Order
Act, driving under the influence as defined in Section 11-501
of the Illinois Vehicle Code, a violation of Section 11-401 of
the Illinois Vehicle Code, provided the victim was a pedestrian
or was operating a vehicle moved solely by human power or a
mobility device at the time of contact, and a violation of
Section 11-204.1 of the Illinois Vehicle Code; so long as the
offense did not occur during a civil riot, insurrection or
rebellion. "Crime of violence" does not include any other
offense or accident involving a motor vehicle except those
vehicle offenses specifically provided for in this paragraph.
"Crime of violence" does include all of the offenses
specifically provided for in this paragraph that occur within
this State but are subject to federal jurisdiction and crimes
involving terrorism as defined in 18 U.S.C. 2331.
    (d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the spouse or parent of a
person killed or injured in this State as a result of a crime
of violence perpetrated or attempted against the person, (3) a
person killed or injured in this State while attempting to
assist a person against whom a crime of violence is being
perpetrated or attempted, if that attempt of assistance would
be expected of a reasonable person under the circumstances, (4)
a person killed or injured in this State while assisting a law
enforcement official apprehend a person who has perpetrated a
crime of violence or prevent the perpetration of any such crime
if that assistance was in response to the express request of
the law enforcement official, (5) a person who personally
witnessed a violent crime, (5.05) a person who will be called
as a witness by the prosecution to establish a necessary nexus
between the offender and the violent crime, (5.1) solely for
the purpose of compensating for pecuniary loss incurred for
psychological treatment of a mental or emotional condition
caused or aggravated by the crime, any other person under the
age of 18 who is the brother, sister, half brother, half
sister, child, or stepchild of a person killed or injured in
this State as a result of a crime of violence, (6) an Illinois
resident who is a victim of a "crime of violence" as defined in
this Act except, if the crime occurred outside this State, the
resident has the same rights under this Act as if the crime had
occurred in this State upon a showing that the state,
territory, country, or political subdivision of a country in
which the crime occurred does not have a compensation of
victims of crimes law for which that Illinois resident is
eligible, (7) a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence, or (8) solely for the purpose of compensating for
pecuniary loss incurred for psychological treatment of a mental
or emotional condition caused or aggravated by the crime, any
parent, spouse, or child under the age of 18 of a deceased
person whose body is dismembered or whose remains are
desecrated as the result of a crime of violence.
    (e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.
    (f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle or aunt.
    (g) "Child" means an unmarried son or daughter who is under
18 years of age and includes a stepchild, an adopted child or a
child born out of wedlock.
    (h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, appropriate expenses for
care or counseling by a licensed clinical psychologist,
licensed clinical social worker, licensed professional
counselor, or licensed clinical professional counselor and
expenses for treatment by Christian Science practitioners and
nursing care appropriate thereto; transportation expenses to
and from medical and counseling treatment facilities;
prosthetic appliances, eyeglasses, and hearing aids necessary
or damaged as a result of the crime; costs associated with
trafficking tattoo removal by a person authorized or licensed
to perform the specific removal procedure; replacement costs
for clothing and bedding used as evidence; costs associated
with temporary lodging or relocation necessary as a result of
the crime, including, but not limited to, the first month's
rent and security deposit of the dwelling that the claimant
relocated to and other reasonable relocation expenses incurred
as a result of the violent crime; locks or windows necessary or
damaged as a result of the crime; the purchase, lease, or
rental of equipment necessary to create usability of and
accessibility to the victim's real and personal property, or
the real and personal property which is used by the victim,
necessary as a result of the crime; the costs of appropriate
crime scene clean-up; replacement services loss, to a maximum
of $1,250 per month; dependents replacement services loss, to a
maximum of $1,250 per month; loss of tuition paid to attend
grammar school or high school when the victim had been enrolled
as a student prior to the injury, or college or graduate school
when the victim had been enrolled as a day or night student
prior to the injury when the victim becomes unable to continue
attendance at school as a result of the crime of violence
perpetrated against him or her; loss of earnings, loss of
future earnings because of disability resulting from the
injury, and, in addition, in the case of death, expenses for
funeral, burial, and travel and transport for survivors of
homicide victims to secure bodies of deceased victims and to
transport bodies for burial all of which may not exceed a
maximum of $7,500 and loss of support of the dependents of the
victim; in the case of dismemberment or desecration of a body,
expenses for funeral and burial, all of which may not exceed a
maximum of $7,500. Loss of future earnings shall be reduced by
any income from substitute work actually performed by the
victim or by income he or she would have earned in available
appropriate substitute work he or she was capable of performing
but unreasonably failed to undertake. Loss of earnings, loss of
future earnings and loss of support shall be determined on the
basis of the victim's average net monthly earnings for the 6
months immediately preceding the date of the injury or on
$1,250 per month, whichever is less or, in cases where the
absences commenced more than 3 years from the date of the
crime, on the basis of the net monthly earnings for the 6
months immediately preceding the date of the first absence, not
to exceed $1,250 per month. If a divorced or legally separated
applicant is claiming loss of support for a minor child of the
deceased, the amount of support for each child shall be based
either on the amount of support pursuant to the judgment prior
to the date of the deceased victim's injury or death, or, if
the subject of pending litigation filed by or on behalf of the
divorced or legally separated applicant prior to the injury or
death, on the result of that litigation. Real and personal
property includes, but is not limited to, vehicles, houses,
apartments, town houses, or condominiums. Pecuniary loss does
not include pain and suffering or property loss or damage.
    (i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
    (j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians of
minor dependents after a victim's death in obtaining ordinary
and necessary services in lieu of those the victim would have
performed, not for income, but for their benefit, if he or she
had not been fatally injured.
    (k) "Survivor" means immediate family including a parent,
stepfather step-father, stepmother step-mother, child,
brother, sister, or spouse.
    (l) "Parent" means a natural parent, adopted parent,
stepparent step-parent, or permanent legal guardian of another
person.
    (m) "Trafficking tattoo" is a tattoo which is applied to a
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 99-671, eff. 1-1-17; 100-690, eff. 1-1-19;
revised 10-4-18.)
 
    Section 730. The Parental Rights for the Blind Act is
amended by changing Section 20 as follows:
 
    (750 ILCS 85/20)
    Sec. 20. Prohibitions; burden of proof.
    (a) A person's blindness shall not serve as a basis for
denial or restriction of parenting time or the allocation of
parental responsibilities if the parenting time or the
allocation of parental responsibilities is determined to be
otherwise in the best interests of the child.
    (b) A person's blindness shall not serve as a basis for
denial of participation in public or private adoption when the
adoption is determined to be otherwise in the best interests of
the child.
    (c) A person's blindness shall not serve as a basis for
denial of foster care or guardianship when the appointment is
determined to be otherwise in the best interests of the child.
    (d) The Department of Children and Family Services shall
develop and implement procedures that ensure and provide equal
access to child welfare services, programs, and activities in a
nondiscriminatory manner. Services, programs, and activities
include, but are not limited to, investigations, assessments,
provision of in-home services, out-of-home placements, case
planning and service planning, visitation, guardianship,
adoption, foster care, and reunification services. Such
services, programs, and activities may also extend to
proceedings under the Juvenile Court Act of 1987 and
proceedings to terminate parental rights. The Department of
Children and Family Services shall provide training to child
welfare investigators and caseworkers on these procedures.
    (e) If the court determines that the right of a person with
blindness to the allocation of parental responsibilities,
parenting time, foster care, guardianship, or adoption should
be denied or limited in any manner, the court shall make
specific written findings stating the basis for such a
determination and why supportive parenting services cannot
prevent the denial or limitation.
(Source: P.A. 100-75, eff. 1-1-18; revised 10-4-18.)
 
    Section 735. The Frail Elderly Individual Family
Visitation Protection Act is amended by changing Section 15 as
follows:
 
    (750 ILCS 95/15)
    Sec. 15. Notice of hospitalization, change in or residence,
or death of frail elderly individual. If the court grants the
petition of a family member for visitation in accordance with
Section 10, the court may also order the family caregiver to
use reasonable efforts to notify the petitioner of the frail
elderly individual's hospitalization, admission to a
healthcare facility, change in permanent residence, or death.
(Source: P.A. 100-850, eff. 1-1-19; revised 10-4-18.)
 
    Section 740. The Illinois Power of Attorney Act is amended
by changing Section 4-10 as follows:
 
    (755 ILCS 45/4-10)  (from Ch. 110 1/2, par. 804-10)
    Sec. 4-10. Statutory short form power of attorney for
health care.
    (a) The form prescribed in this Section (sometimes also
referred to in this Act as the "statutory health care power")
may be used to grant an agent powers with respect to the
principal's own health care; but the statutory health care
power is not intended to be exclusive nor to cover delegation
of a parent's power to control the health care of a minor
child, and no provision of this Article shall be construed to
invalidate or bar use by the principal of any other or
different form of power of attorney for health care.
Nonstatutory health care powers must be executed by the
principal, designate the agent and the agent's powers, and
comply with the limitations in Section 4-5 of this Article, but
they need not be witnessed or conform in any other respect to
the statutory health care power.
    No specific format is required for the statutory health
care power of attorney other than the notice must precede the
form. The statutory health care power may be included in or
combined with any other form of power of attorney governing
property or other matters.
    (b) The Illinois Statutory Short Form Power of Attorney for
Health Care shall be substantially as follows:
 
NOTICE TO THE INDIVIDUAL SIGNING
THE POWER OF ATTORNEY FOR HEALTH CARE
    No one can predict when a serious illness or accident might
occur. When it does, you may need someone else to speak or make
health care decisions for you. If you plan now, you can
increase the chances that the medical treatment you get will be
the treatment you want.
    In Illinois, you can choose someone to be your "health care
agent". Your agent is the person you trust to make health care
decisions for you if you are unable or do not want to make them
yourself. These decisions should be based on your personal
values and wishes.
    It is important to put your choice of agent in writing. The
written form is often called an "advance directive". You may
use this form or another form, as long as it meets the legal
requirements of Illinois. There are many written and on-line
resources to guide you and your loved ones in having a
conversation about these issues. You may find it helpful to
look at these resources while thinking about and discussing
your advance directive.
 
WHAT ARE THE THINGS I WANT MY
HEALTH CARE AGENT TO KNOW?
    The selection of your agent should be considered carefully,
as your agent will have the ultimate decision-making decision
making authority once this document goes into effect, in most
instances after you are no longer able to make your own
decisions. While the goal is for your agent to make decisions
in keeping with your preferences and in the majority of
circumstances that is what happens, please know that the law
does allow your agent to make decisions to direct or refuse
health care interventions or withdraw treatment. Your agent
will need to think about conversations you have had, your
personality, and how you handled important health care issues
in the past. Therefore, it is important to talk with your agent
and your family about such things as:
        (i) What is most important to you in your life?
        (ii) How important is it to you to avoid pain and
    suffering?
        (iii) If you had to choose, is it more important to you
    to live as long as possible, or to avoid prolonged
    suffering or disability?
        (iv) Would you rather be at home or in a hospital for
    the last days or weeks of your life?
        (v) Do you have religious, spiritual, or cultural
    beliefs that you want your agent and others to consider?
        (vi) Do you wish to make a significant contribution to
    medical science after your death through organ or whole
    body donation?
        (vii) Do you have an existing advance advanced
    directive, such as a living will, that contains your
    specific wishes about health care that is only delaying
    your death? If you have another advance directive, make
    sure to discuss with your agent the directive and the
    treatment decisions contained within that outline your
    preferences. Make sure that your agent agrees to honor the
    wishes expressed in your advance directive.
 
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
    If there is ever a period of time when your physician
determines that you cannot make your own health care decisions,
or if you do not want to make your own decisions, some of the
decisions your agent could make are to:
        (i) talk with physicians and other health care
    providers about your condition.
        (ii) see medical records and approve who else can see
    them.
        (iii) give permission for medical tests, medicines,
    surgery, or other treatments.
        (iv) choose where you receive care and which physicians
    and others provide it.
        (v) decide to accept, withdraw, or decline treatments
    designed to keep you alive if you are near death or not
    likely to recover. You may choose to include guidelines
    and/or restrictions to your agent's authority.
        (vi) agree or decline to donate your organs or your
    whole body if you have not already made this decision
    yourself. This could include donation for transplant,
    research, and/or education. You should let your agent know
    whether you are registered as a donor in the First Person
    Consent registry maintained by the Illinois Secretary of
    State or whether you have agreed to donate your whole body
    for medical research and/or education.
        (vii) decide what to do with your remains after you
    have died, if you have not already made plans.
        (viii) talk with your other loved ones to help come to
    a decision (but your designated agent will have the final
    say over your other loved ones).
    Your agent is not automatically responsible for your health
care expenses.
 
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
    You can pick a family member, but you do not have to. Your
agent will have the responsibility to make medical treatment
decisions, even if other people close to you might urge a
different decision. The selection of your agent should be done
carefully, as he or she will have ultimate decision-making
authority for your treatment decisions once you are no longer
able to voice your preferences. Choose a family member, friend,
or other person who:
        (i) is at least 18 years old;
        (ii) knows you well;
        (iii) you trust to do what is best for you and is
    willing to carry out your wishes, even if he or she may not
    agree with your wishes;
        (iv) would be comfortable talking with and questioning
    your physicians and other health care providers;
        (v) would not be too upset to carry out your wishes if
    you became very sick; and
        (vi) can be there for you when you need it and is
    willing to accept this important role.
 
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
UNWILLING TO MAKE DECISIONS FOR ME?
    If the person who is your first choice is unable to carry
out this role, then the second agent you chose will make the
decisions; if your second agent is not available, then the
third agent you chose will make the decisions. The second and
third agents are called your successor agents and they function
as back-up agents to your first choice agent and may act only
one at a time and in the order you list them.
 
WHAT WILL HAPPEN IF I DO NOT
CHOOSE A HEALTH CARE AGENT?
    If you become unable to make your own health care decisions
and have not named an agent in writing, your physician and
other health care providers will ask a family member, friend,
or guardian to make decisions for you. In Illinois, a law
directs which of these individuals will be consulted. In that
law, each of these individuals is called a "surrogate".
    There are reasons why you may want to name an agent rather
than rely on a surrogate:
        (i) The person or people listed by this law may not be
    who you would want to make decisions for you.
        (ii) Some family members or friends might not be able
    or willing to make decisions as you would want them to.
        (iii) Family members and friends may disagree with one
    another about the best decisions.
        (iv) Under some circumstances, a surrogate may not be
    able to make the same kinds of decisions that an agent can
    make.
 
WHAT IF THERE IS NO ONE AVAILABLE
WHOM I TRUST TO BE MY AGENT?
    In this situation, it is especially important to talk to
your physician and other health care providers and create
written guidance about what you want or do not want, in case
you are ever critically ill and cannot express your own wishes.
You can complete a living will. You can also write your wishes
down and/or discuss them with your physician or other health
care provider and ask him or her to write it down in your
chart. You might also want to use written or on-line resources
to guide you through this process.
 
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
    Follow these instructions after you have completed the
form:
        (i) Sign the form in front of a witness. See the form
    for a list of who can and cannot witness it.
        (ii) Ask the witness to sign it, too.
        (iii) There is no need to have the form notarized.
        (iv) Give a copy to your agent and to each of your
    successor agents.
        (v) Give another copy to your physician.
        (vi) Take a copy with you when you go to the hospital.
        (vii) Show it to your family and friends and others who
    care for you.
 
WHAT IF I CHANGE MY MIND?
    You may change your mind at any time. If you do, tell
someone who is at least 18 years old that you have changed your
mind, and/or destroy your document and any copies. If you wish,
fill out a new form and make sure everyone you gave the old
form to has a copy of the new one, including, but not limited
to, your agents and your physicians.
 
WHAT IF I DO NOT WANT TO USE THIS FORM?
    In the event you do not want to use the Illinois statutory
form provided here, any document you complete must be executed
by you, designate an agent who is over 18 years of age and not
prohibited from serving as your agent, and state the agent's
powers, but it need not be witnessed or conform in any other
respect to the statutory health care power.
    If you have questions about the use of any form, you may
want to consult your physician, other health care provider,
and/or an attorney.
 
MY POWER OF ATTORNEY FOR HEALTH CARE

 
THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
FOR HEALTH CARE. (You must sign this form and a witness must
also sign it before it is valid)
 
My name (Print your full name):..........
My address:..................................................
 
I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
(an agent is your personal representative under state and
federal law):
(Agent name).................
(Agent address).............
(Agent phone number).........................................
 
(Please check box if applicable) .... If a guardian of my
person is to be appointed, I nominate the agent acting under
this power of attorney as guardian.
 
SUCCESSOR HEALTH CARE AGENT(S) (optional):
    If the agent I selected is unable or does not want to make
health care decisions for me, then I request the person(s) I
name below to be my successor health care agent(s). Only one
person at a time can serve as my agent (add another page if you
want to add more successor agent names):
.....................
(Successor agent #1 name, address and phone number)
..........
(Successor agent #2 name, address and phone number)
 
MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
        (i) Deciding to accept, withdraw or decline treatment
    for any physical or mental condition of mine, including
    life-and-death decisions.
        (ii) Agreeing to admit me to or discharge me from any
    hospital, home, or other institution, including a mental
    health facility.
        (iii) Having complete access to my medical and mental
    health records, and sharing them with others as needed,
    including after I die.
        (iv) Carrying out the plans I have already made, or, if
    I have not done so, making decisions about my body or
    remains, including organ, tissue or whole body donation,
    autopsy, cremation, and burial.
    The above grant of power is intended to be as broad as
possible so that my agent will have the authority to make any
decision I could make to obtain or terminate any type of health
care, including withdrawal of nutrition and hydration and other
life-sustaining measures.
 
I AUTHORIZE MY AGENT TO (please check any one box):
    .... Make decisions for me only when I cannot make them for
    myself. The physician(s) taking care of me will determine
    when I lack this ability.
        (If no box is checked, then the box above shall be
    implemented.) OR
    .... Make decisions for me only when I cannot make them for
    myself. The physician(s) taking care of me will determine
    when I lack this ability. Starting now, for the purpose of
    assisting me with my health care plans and decisions, my
    agent shall have complete access to my medical and mental
    health records, the authority to share them with others as
    needed, and the complete ability to communicate with my
    personal physician(s) and other health care providers,
    including the ability to require an opinion of my physician
    as to whether I lack the ability to make decisions for
    myself. OR
    .... Make decisions for me starting now and continuing
    after I am no longer able to make them for myself. While I
    am still able to make my own decisions, I can still do so
    if I want to.
 
    The subject of life-sustaining treatment is of particular
importance. Life-sustaining treatments may include tube
feedings or fluids through a tube, breathing machines, and CPR.
In general, in making decisions concerning life-sustaining
treatment, your agent is instructed to consider the relief of
suffering, the quality as well as the possible extension of
your life, and your previously expressed wishes. Your agent
will weigh the burdens versus benefits of proposed treatments
in making decisions on your behalf.
    Additional statements concerning the withholding or
removal of life-sustaining treatment are described below.
These can serve as a guide for your agent when making decisions
for you. Ask your physician or health care provider if you have
any questions about these statements.
 
SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES
(optional):
    .... The quality of my life is more important than the
    length of my life. If I am unconscious and my attending
    physician believes, in accordance with reasonable medical
    standards, that I will not wake up or recover my ability to
    think, communicate with my family and friends, and
    experience my surroundings, I do not want treatments to
    prolong my life or delay my death, but I do want treatment
    or care to make me comfortable and to relieve me of pain.
    .... Staying alive is more important to me, no matter how
    sick I am, how much I am suffering, the cost of the
    procedures, or how unlikely my chances for recovery are. I
    want my life to be prolonged to the greatest extent
    possible in accordance with reasonable medical standards.
 
SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
    The above grant of power is intended to be as broad as
possible so that your agent will have the authority to make any
decision you could make to obtain or terminate any type of
health care. If you wish to limit the scope of your agent's
powers or prescribe special rules or limit the power to
authorize autopsy or dispose of remains, you may do so
specifically in this form.
..................................
..............................
 
My signature:..................
Today's date:................................................
 
HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
COMPLETE THE SIGNATURE PORTION:
    I am at least 18 years old. (check one of the options
below):
    .... I saw the principal sign this document, or
    .... the principal told me that the signature or mark on
    the principal signature line is his or hers.
    I am not the agent or successor agent(s) named in this
document. I am not related to the principal, the agent, or the
successor agent(s) by blood, marriage, or adoption. I am not
the principal's physician, advanced practice registered nurse,
dentist, podiatric physician, optometrist, psychologist, or a
relative of one of those individuals. I am not an owner or
operator (or the relative of an owner or operator) of the
health care facility where the principal is a patient or
resident.
Witness printed name:............
Witness address:..............
Witness signature:...............
Today's date:................................................
 
    (c) The statutory short form power of attorney for health
care (the "statutory health care power") authorizes the agent
to make any and all health care decisions on behalf of the
principal which the principal could make if present and under
no disability, subject to any limitations on the granted powers
that appear on the face of the form, to be exercised in such
manner as the agent deems consistent with the intent and
desires of the principal. The agent will be under no duty to
exercise granted powers or to assume control of or
responsibility for the principal's health care; but when
granted powers are exercised, the agent will be required to use
due care to act for the benefit of the principal in accordance
with the terms of the statutory health care power and will be
liable for negligent exercise. The agent may act in person or
through others reasonably employed by the agent for that
purpose but may not delegate authority to make health care
decisions. The agent may sign and deliver all instruments,
negotiate and enter into all agreements and do all other acts
reasonably necessary to implement the exercise of the powers
granted to the agent. Without limiting the generality of the
foregoing, the statutory health care power shall include the
following powers, subject to any limitations appearing on the
face of the form:
        (1) The agent is authorized to give consent to and
    authorize or refuse, or to withhold or withdraw consent to,
    any and all types of medical care, treatment or procedures
    relating to the physical or mental health of the principal,
    including any medication program, surgical procedures,
    life-sustaining treatment or provision of food and fluids
    for the principal.
        (2) The agent is authorized to admit the principal to
    or discharge the principal from any and all types of
    hospitals, institutions, homes, residential or nursing
    facilities, treatment centers and other health care
    institutions providing personal care or treatment for any
    type of physical or mental condition. The agent shall have
    the same right to visit the principal in the hospital or
    other institution as is granted to a spouse or adult child
    of the principal, any rule of the institution to the
    contrary notwithstanding.
        (3) The agent is authorized to contract for any and all
    types of health care services and facilities in the name of
    and on behalf of the principal and to bind the principal to
    pay for all such services and facilities, and to have and
    exercise those powers over the principal's property as are
    authorized under the statutory property power, to the
    extent the agent deems necessary to pay health care costs;
    and the agent shall not be personally liable for any
    services or care contracted for on behalf of the principal.
        (4) At the principal's expense and subject to
    reasonable rules of the health care provider to prevent
    disruption of the principal's health care, the agent shall
    have the same right the principal has to examine and copy
    and consent to disclosure of all the principal's medical
    records that the agent deems relevant to the exercise of
    the agent's powers, whether the records relate to mental
    health or any other medical condition and whether they are
    in the possession of or maintained by any physician,
    psychiatrist, psychologist, therapist, hospital, nursing
    home or other health care provider. The authority under
    this paragraph (4) applies to any information governed by
    the Health Insurance Portability and Accountability Act of
    1996 ("HIPAA") and regulations thereunder. The agent
    serves as the principal's personal representative, as that
    term is defined under HIPAA and regulations thereunder.
        (5) The agent is authorized: to direct that an autopsy
    be made pursuant to Section 2 of the Autopsy Act "An Act in
    relation to autopsy of dead bodies", approved August 13,
    1965, including all amendments; to make a disposition of
    any part or all of the principal's body pursuant to the
    Illinois Anatomical Gift Act, as now or hereafter amended;
    and to direct the disposition of the principal's remains.
        (6) At any time during which there is no executor or
    administrator appointed for the principal's estate, the
    agent is authorized to continue to pursue an application or
    appeal for government benefits if those benefits were
    applied for during the life of the principal.
    (d) A physician may determine that the principal is unable
to make health care decisions for himself or herself only if
the principal lacks decisional capacity, as that term is
defined in Section 10 of the Health Care Surrogate Act.
    (e) If the principal names the agent as a guardian on the
statutory short form, and if a court decides that the
appointment of a guardian will serve the principal's best
interests and welfare, the court shall appoint the agent to
serve without bond or security.
(Source: P.A. 99-328, eff. 1-1-16; 100-513, eff. 1-1-18;
revised 10-4-18.)
 
    Section 745. The Trusts and Trustees Act is amended by
changing Section 6.5 as follows:
 
    (760 ILCS 5/6.5)
    Sec. 6.5. Transfer of property to trust. (a) The transfer
of real property to a trust requires a transfer of legal title
to the trustee evidenced by a written instrument of conveyance.
    (b) (Blank).
(Source: P.A. 99-743, eff. 1-1-17; 100-786, eff. 1-1-19;
revised 10-4-18.)
 
    Section 750. The Condominium Property Act is amended by
changing Section 30 as follows:
 
    (765 ILCS 605/30)  (from Ch. 30, par. 330)
    Sec. 30. Conversion condominiums; notice; recording.
    (a)(1) No real estate may be submitted to the provisions of
the Act as a conversion condominium unless (i) a notice of
intent to submit the real estate to this Act (notice of intent)
has been given to all persons who were tenants of the building
located on the real estate on the date the notice is given.
Such notice shall be given at least 30 days, and not more than
one 1 year prior to the recording of the declaration which
submits the real estate to this Act; and (ii) the developer
executes and acknowledges a certificate which shall be attached
to and made a part of the declaration and which provides that
the developer, prior to the execution by him or his agent of
any agreement for the sale of a unit, has given a copy of the
notice of intent to all persons who were tenants of the
building located on the real estate on the date the notice of
intent was given.
        (2) If the owner fails to provide a tenant with notice
    of the intent to convert as defined in this Section, the
    tenant permanently vacates the premises as a direct result
    of non-renewal of his or her lease by the owner, and the
    tenant's unit is converted to a condominium by the filing
    of a declaration submitting a property to this Act without
    having provided the required notice, then the owner is
    liable to the tenant for the following:
            (A) the tenant's actual moving expenses incurred
        when moving from the subject property, not to exceed
        $1,500;
            (B) 3 months' three month's rent at the subject
        property; and
            (C) reasonable attorney's fees and court costs.
    (b) Any developer of a conversion condominium must, upon
issuing the notice of intent, publish and deliver along with
such notice of intent, a schedule of selling prices for all
units subject to the condominium instruments and offer to sell
such unit to the current tenants, except for units to be
vacated for rehabilitation subsequent to such notice of intent.
Such offer shall not expire earlier than 30 days after receipt
of the offer by the current tenant, unless the tenant notifies
the developer in writing of his election not to purchase the
condominium unit.
    (c) Any tenant who was a tenant as of the date of the
notice of intent and whose tenancy expires (other than for
cause) prior to the expiration of 120 days from the date on
which a copy of the notice of intent was given to the tenant
shall have the right to extend his tenancy on the same terms
and conditions and for the same rental until the expiration of
such 120-day 120 day period by the giving of written notice
thereof to the developer within 30 days of the date upon which
a copy of the notice of intent was given to the tenant by the
developer.
    (d) Each lessee in a conversion condominium shall be
informed by the developer at the time the notice of intent is
given whether his tenancy will be renewed or terminated upon
its expiration. If the tenancy is to be renewed, the tenant
shall be informed of all charges, rental or otherwise, in
connection with the new tenancy and the length of the term of
occupancy proposed in conjunction therewith.
    (e) For a period of 120 days following his receipt of the
notice of intent, any tenant who was a tenant on the date the
notice of intent was given shall be given the right to purchase
his unit on substantially the same terms and conditions as set
forth in a duly executed contract to purchase the unit, which
contract shall conspicuously disclose the existence of, and
shall be subject to, the right of first refusal. The tenant may
exercise the right of first refusal by giving notice thereof to
the developer prior to the expiration of 30 days from the
giving of notice by the developer to the tenant of the
execution of the contract to purchase the unit. The tenant may
exercise such right of first refusal within 30 days from the
giving of notice by the developer of the execution of a
contract to purchase the unit, notwithstanding the expiration
of the 120-day 120 day period following the tenant's receipt of
the notice of intent, if such contract was executed prior to
the expiration of the 120-day 120 day period. The recording of
the deed conveying the unit to the purchaser which contains a
statement to the effect that the tenant of the unit either
waived or failed to exercise the right of first refusal or
option or had no right of first refusal or option with respect
to the unit shall extinguish any legal or equitable right or
interest to the possession or acquisition of the unit which the
tenant may have or claim with respect to the unit arising out
of the right of first refusal or option provided for in this
Section. The foregoing provision shall not affect any claim
which the tenant may have against the landlord for damages
arising out of the right of first refusal provided for in this
Section.
    (f) During the 30-day 30 day period after the giving of
notice of an executed contract in which the tenant may exercise
the right of first refusal, the developer shall grant to such
tenant access to any portion of the building to inspect any of
its features or systems and access to any reports, warranties,
or other documents in the possession of the developer which
reasonably pertain to the condition of the building. Such
access shall be subject to reasonable limitations, including as
to hours. The refusal of the developer to grant such access is
a business offense punishable by a fine of $500. Each refusal
to an individual lessee who is a potential purchaser is a
separate violation.
    (g) Any notice provided for in this Section shall be deemed
given when a written notice is delivered in person or mailed,
certified or registered mail, return receipt requested to the
party who is being given the notice.
    (h) Prior to their initial sale, units offered for sale in
a conversion condominium and occupied by a tenant at the time
of the offer shall be shown to prospective purchasers only a
reasonable number of times and at appropriate hours. Units may
only be shown to prospective purchasers during the last 90 days
of any expiring tenancy.
    (i) Any provision in any lease or other rental agreement,
or any termination of occupancy on account of condominium
conversion, not authorized herein, or contrary to or waiving
the foregoing provisions, shall be deemed to be void as against
public policy.
    (j) A tenant is entitled to injunctive relief to enforce
the provisions of subsections (a) and (c) of this Section.
    (k) A non-profit housing organization, suing on behalf of
an aggrieved tenant under this Section, may also recover
compensation for reasonable attorney's fees and court costs
necessary for filing such action.
    (l) Nothing in this Section shall affect any provision in
any lease or rental agreement in effect before this Act becomes
law.
    (m) Nothing in this amendatory Act of 1978 shall be
construed to imply that there was previously a requirement to
record the notice provided for in this Section.
(Source: P.A. 95-221, eff. 1-1-08; 95-876, eff. 8-21-08;
revised 10-4-18.)
 
    Section 755. The Revised Uniform Unclaimed Property Act is
amended by changing Section 15-1002.1 as follows:
 
    (765 ILCS 1026/15-1002.1)
    Sec. 15-1002.1. Examination of State-regulated financial
organizations.
    (a) Notwithstanding Section 15-1002 of this Act, for any
financial organization for which the Department of Financial
and Professional Regulation is the primary prudential
regulator, the administrator shall not examine such financial
institution unless the administrator has consulted with the
Secretary of Financial and Professional Regulation and the
Department of Financial and Professional Regulation has not
examined such financial organization for compliance with this
Act within the past 5 years. The Secretary of Financial and
Professional Regulation may waive in writing the provisions of
this subsection (a) in order to permit the administrator to
examine a financial organization or group of financial
organizations for compliance with this Act.
    (b) Nothing in this Section shall be construed to prohibit
the administrator from examining a financial organization for
which the Department of Financial and Professional Regulation
is not the primary prudential regulator. Further, nothing in is
this Act shall be construed to limit the authority of the
Department of Financial and Professional Regulation to examine
financial organizations.
(Source: P.A. 100-22, eff. 1-1-18; 100-566, eff. 1-1-18;
revised 10-4-18.)
 
    Section 760. The Illinois Human Rights Act is amended by
changing Sections 1-103 and 8-102 as follows:
 
    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
    Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
    (A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
    (B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
    (C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
    (D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
6-101, and 6-102 of this Act.
    (E) Commission. "Commission" means the Human Rights
Commission created by this Act.
    (F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
    (G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
    (H) Department. "Department" means the Department of Human
Rights created by this Act.
    (I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which may
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
        (1) For purposes of Article 2, is unrelated to the
    person's ability to perform the duties of a particular job
    or position and, pursuant to Section 2-104 of this Act, a
    person's illegal use of drugs or alcohol is not a
    disability;
        (2) For purposes of Article 3, is unrelated to the
    person's ability to acquire, rent, or maintain a housing
    accommodation;
        (3) For purposes of Article 4, is unrelated to a
    person's ability to repay;
        (4) For purposes of Article 5, is unrelated to a
    person's ability to utilize and benefit from a place of
    public accommodation;
        (5) For purposes of Article 5, also includes any
    mental, psychological, or developmental disability,
    including autism spectrum disorders.
    (J) Marital status. "Marital status" means the legal status
of being married, single, separated, divorced, or widowed.
    (J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
    (K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
    (K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection issued
pursuant to the Illinois Domestic Violence Act of 1986, Article
112A of the Code of Criminal Procedure of 1963, the Stalking No
Contact Order Act, or the Civil No Contact Order Act, or an
order of protection issued by a court of another state.
    (L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
    (M) Public contract. "Public contract" includes every
contract to which the State, any of its political subdivisions,
or any municipal corporation is a party.
    (N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
    (O) Sex. "Sex" means the status of being male or female.
    (O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
    (P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent
thereof, but does not include those characterized as RE-4 or
"Dishonorable".
    (Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
race, color, religion, national origin, ancestry, age, sex,
marital status, order of protection status, disability,
military status, sexual orientation, pregnancy, or unfavorable
discharge from military service as those terms are defined in
this Section.
(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
 
    (775 ILCS 5/8-102)  (from Ch. 68, par. 8-102)
    Sec. 8-102. Powers and duties. In addition to the other
powers and duties prescribed in this Act, the Commission shall
have the following powers and duties:
        (A) Meetings. To meet and function at any place within
    the State.
        (B) Offices. To establish and maintain offices in
    Springfield and Chicago.
        (C) Employees. To select and fix the compensation of
    such technical advisors and employees as it may deem
    necessary pursuant to the provisions of the "The Personnel
    Code".
        (D) Hearing Officers. To select and fix the
    compensation of hearing officers who shall be attorneys
    duly licensed to practice law in this State and full-time
    full time employees of the Commission.
        A formal and unbiased training program for hearing
    officers shall be implemented. The training program shall
    include the following:
            (1) substantive and procedural aspects of the
        hearing officer position;
            (2) current issues in human rights law and
        practice;
            (3) lectures by specialists in substantive areas
        related to human rights matters;
            (4) orientation to each operational unit of the
        Department and Commission;
            (5) observation of experienced hearing officers
        conducting hearings of cases, combined with the
        opportunity to discuss evidence presented and rulings
        made;
            (6) the use of hypothetical cases requiring the
        hearing officer to issue judgments as a means to
        evaluating knowledge and writing ability;
            (7) writing skills;
            (8) computer skills, including, but not limited
        to, word processing and document management.
        A formal, unbiased and ongoing professional
    development program including, but not limited to, the
    above-noted areas shall be implemented to keep hearing
    officers informed of recent developments and issues and to
    assist them in maintaining and enhancing their
    professional competence.
        (E) Rules and Regulations. To adopt, promulgate,
    amend, and rescind rules and regulations not inconsistent
    with the provisions of this Act pursuant to the Illinois
    Administrative Procedure Act.
        (F) Compulsory Process. To issue and authorize
    requests for enforcement of subpoenas and other compulsory
    process established by this Act.
        (G) Decisions. Through a panel of 3 three members
    designated by the Chairperson on a random basis, to hear
    and decide by majority vote complaints filed in conformity
    with this Act and to approve proposed settlements.
    Decisions by commissioners must be based strictly on
    neutral interpretations of the law and the facts.
        (H) Rehearings. To order, by a vote of 3 members,
    rehearing of its decisions by the entire Commission in
    conformity with this Act.
        (I) Judicial Enforcement. To authorize requests for
    judicial enforcement of its orders in conformity with this
    Act.
        (J) Opinions. To publish each decision within 180 days
    of the decision to assure a consistent source of precedent.
    Published decisions shall be subject to the Personal
    Information Protection Act.
        (K) Public Grants; Private Gifts. To accept public
    grants and private gifts as may be authorized.
        (L) Interpreters. To appoint at the expense of the
    Commission a qualified sign language interpreter whenever
    a hearing impaired person is a party or witness at a public
    hearing.
        (M) Automated Processing Plan. To prepare an
    electronic data processing and telecommunications plan
    jointly with the Department in accordance with Section
    7-112.
    (N) The provisions of Public Act 89-370 this amendatory Act
of 1995 amending subsection (G) of this Section apply to causes
of action filed on or after January 1, 1996.
(Source: P.A. 100-1066, eff. 8-24-18; revised 10-4-18.)
 
    Section 765. The Limited Liability Company Act is amended
by changing Sections 50-10 and 50-50 as follows:
 
    (805 ILCS 180/50-10)
    Sec. 50-10. Fees.
    (a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated under its authority all of the following:
        (1) Fees for filing documents.
        (2) Miscellaneous charges.
        (3) Fees for the sale of lists of filings and for
    copies of any documents.
    (b) The Secretary of State shall charge and collect for all
of the following:
        (1) Filing articles of organization (domestic),
    application for admission (foreign), and restated articles
    of organization (domestic), $150. Notwithstanding the
    foregoing, the fee for filing articles of organization
    (domestic), application for admission (foreign), and
    restated articles of organization (domestic) in connection
    with a limited liability company with a series or the
    ability to establish a series pursuant to Section 37-40 of
    this Act is $400.
        (2) Filing amendments (domestic or foreign), $50.
        (3) Filing a statement of termination or application
    for withdrawal, $5.
        (4) Filing an application to reserve a name, $25.
        (5) Filing a notice of cancellation of a reserved name,
    $5.
        (6) Filing a notice of a transfer of a reserved name,
    $25.
        (7) Registration of a name, $50.
        (8) Renewal of registration of a name, $50.
        (9) Filing an application for use of an assumed name
    under Section 1-20 of this Act, $150 for each year or part
    thereof ending in 0 or 5, $120 for each year or part
    thereof ending in 1 or 6, $90 for each year or part thereof
    ending in 2 or 7, $60 for each year or part thereof ending
    in 3 or 8, $30 for each year or part thereof ending in 4 or
    9, and a renewal for each assumed name, $150.
        (9.5) Filing an application for change of an assumed
    name, $25.
        (10) Filing an application for cancellation of an
    assumed name, $5.
        (11) Filing an annual report of a limited liability
    company or foreign limited liability company, $75, if filed
    as required by this Act, plus a penalty if delinquent.
    Notwithstanding the foregoing, the fee for filing an annual
    report of a limited liability company or foreign limited
    liability company is $75 plus $50 for each series for which
    a certificate of designation has been filed pursuant to
    Section 37-40 of this Act and is in effect on the last day
    of the third month preceding the company's anniversary
    month, plus a penalty if delinquent.
        (12) Filing an application for reinstatement of a
    limited liability company or foreign limited liability
    company, $200.
        (13) Filing articles of merger, $100 plus $50 for each
    party to the merger in excess of the first 2 parties.
        (14) (Blank).
        (15) Filing a statement of change of address of
    registered office or change of registered agent, or both,
    or filing a statement of correction, $25.
        (16) Filing a petition for refund, $5.
        (17) Filing a certificate of designation of a limited
    liability company with a series pursuant to Section 37-40
    of this Act, $50.
        (18) Filing articles of domestication, $100.
        (19) Filing, amending, or cancelling a statement of
    authority, $50.
        (20) Filing, amending, or cancelling a statement of
    denial, $10.
        (21) Filing any other document, $5.
    (c) The Secretary of State shall charge and collect all of
the following:
        (1) For furnishing a copy or certified copy of any
    document, instrument, or paper relating to a limited
    liability company or foreign limited liability company, or
    for a certificate, $25.
        (2) For the transfer of information by computer process
    media to any purchaser, fees established by rule.
(Source: P.A. 99-637, eff. 7-1-17; 100-561, eff. 7-1-18;
100-571, eff. 12-20-17; revised 9-13-18.)
 
    (805 ILCS 180/50-50)
    Sec. 50-50. Department of Business Services Special
Operations Fund.
    (a) A special fund in the State treasury is created and
shall be known as the Department of Business Services Special
Operations Fund. Moneys deposited into the Fund shall, subject
to appropriation, be used by the Department of Business
Services of the Office of the Secretary of State, hereinafter
"Department", to create and maintain the capability to perform
expedited services in response to special requests made by the
public for same-day or 24-hour service. Moneys deposited into
the Fund shall be used for, but not limited to, expenditures
for personal services, retirement, Social Security,
contractual services, equipment, electronic data processing,
and telecommunications.
    (b) The balance in the Fund at the end of any fiscal year
shall not exceed $600,000, and any amount in excess thereof
shall be transferred to the General Revenue Fund.
    (c) All fees payable to the Secretary of State under this
Section shall be deposited into the Fund. No other fees or
charges collected under this Act shall be deposited into the
Fund.
    (d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time, the request
therefor is submitted by the filer, law firm, service company,
or messenger physically in person or, at the Secretary of
State's discretion, by electronic means, to the Department's
Springfield Office and includes requests for certified copies,
photocopies, and certificates of good standing made to the
Department's Springfield Office in person or by telephone, or
requests for certificates of good standing made in person or by
telephone to the Department's Chicago Office. A request
submitted by electronic means may not be considered a request
for expedited services solely because of its submission by
electronic means, unless expedited service is requested by the
filer.
    (e) Fees for expedited services shall be as follows:
        Restated articles of organization, $200;
        Merger, $200;
        Articles of organization, $100;
        Articles of amendment, $100;
        Reinstatement, $100;
        Application for admission to transact business, $100;
        Certificate of good standing or abstract of computer
    record, $20;
        All other filings, copies of documents, annual
    reports, and copies of documents of dissolved or revoked
    limited liability companies, $50.
(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18;
revised 9-13-18.)
 
    Section 770. The Uniform Limited Partnership Act (2001) is
amended by changing Section 1308 as follows:
 
    (805 ILCS 215/1308)
    Sec. 1308. Department of Business Services Special
Operations Fund.
    (a) A special fund in the State Treasury is created and
shall be known as the Department of Business Services Special
Operations Fund. Moneys deposited into the Fund shall, subject
to appropriation, be used by the Department of Business
Services of the Office of the Secretary of State, hereinafter
"Department", to create and maintain the capability to perform
expedited services in response to special requests made by the
public for same day or 24 hour service. Moneys deposited into
the Fund shall be used for, but not limited to, expenditures
for personal services, retirement, Social Security,
contractual services, equipment, electronic data processing,
and telecommunications.
    (b) The balance in the Fund at the end of any fiscal year
shall not exceed $600,000 and any amount in excess thereof
shall be transferred to the General Revenue Fund.
    (c) All fees payable to the Secretary of State under this
Section shall be deposited into the Fund. No other fees or
charges collected under this Act shall be deposited into the
Fund.
    (d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time the request
therefor is submitted by the filer, law firm, service company,
or messenger physically in person or, at the Secretary of
State's discretion, by electronic means, to the Department's
Springfield Office or Chicago Office and includes requests for
certified copies, photocopies, and certificates of existence
or abstracts of computer record made to the Department's
Springfield Office in person or by telephone, or requests for
certificates of existence or abstracts of computer record made
in person or by telephone to the Department's Chicago Office. A
request submitted by electronic means may not be considered a
request for expedited services solely because of its submission
by electronic means, unless expedited service is requested by
the filer.
    (e) Fees for expedited services shall be as follows:
        Merger, $200;
        Certificate of limited partnership, $100;
        Certificate of amendment, $100;
        Reinstatement, $100;
        Application for admission to transact business, $100;
        Certificate of existence or abstract of computer
    record, $20;
        All other filings, copies of documents, annual renewal
    reports, and copies of documents of canceled limited
    partnerships, $50.
(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18;
revised 9-13-18.)
 
    Section 775. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2VVV as follows:
 
    (815 ILCS 505/2VVV)
    Sec. 2VVV. Deceptive marketing, advertising, and sale of
mental health disorder and substance use disorder treatment.
    (a) As used in this Section:
    "Facility" has the meaning ascribed to that term in Section
1-10 of the Substance Use Disorder Alcoholism and Other Drug
Abuse and Dependency Act.
    "Hospital affiliate" has the meaning ascribed to that term
in Section 10.8 of the Hospital Licensing Act.
    "Mental health disorder" has the same meaning as "mental
illness" under Section 1-129 of the Mental Health and
Developmental Disabilities Code.
    "Program" has the meaning ascribed to that term in Section
1-10 of the Alcoholism and Other Drug Abuse and Dependency Act.
    "Substance use disorder" has the same meaning as "substance
abuse" under Section 1-10 of the Substance Use Disorder
Alcoholism and Other Drug Abuse and Dependency Act.
    "Treatment" has the meaning ascribed to that term in
Section 1-10 of the Substance Use Disorder Alcoholism and Other
Drug Abuse and Dependency Act.
    (b) It is an unlawful practice for any person to engage in
misleading or false advertising or promotion that
misrepresents the need to seek mental health disorder or
substance use disorder treatment outside of the State of
Illinois.
    (c) Any marketing, advertising, promotional, or sales
materials directed to Illinois residents concerning mental
health disorder or substance use disorder treatment must:
        (1) prominently display or announce the full physical
    address of the treatment program or facility;
        (2) display whether the treatment program or facility
    is licensed in the State of Illinois;
        (3) display whether the treatment program or facility
    has locations in Illinois;
        (4) display whether the services provided by the
    treatment program or facility are covered by an insurance
    policy issued to an Illinois resident;
        (5) display whether the treatment program or facility
    is an in-network or out-of-network provider;
        (6) include a link to the Internet website for the
    Department of Human Services' Division of Mental Health and
    Division of Substance Use Prevention and Recovery
    Alcoholism and Substance Abuse, or any successor State
    agency that provides information regarding licensed
    providers of services; and
        (7) disclose that mental health disorder and substance
    use disorder treatment may be available at a reduced cost
    or for free for Illinois residents within the State of
    Illinois.
    (d) It is an unlawful practice for any person to enter into
an arrangement under which a patient seeking mental health
disorder or substance use disorder treatment is referred to a
mental health disorder or substance use disorder treatment
program or facility in exchange for a fee, a percentage of the
treatment program's or facility's revenues that are related to
the patient, or any other remuneration that takes into account
the volume or value of the referrals to the treatment program
or facility. Such practice shall also be considered a violation
of the prohibition against fee splitting in Section 22.2 of the
Medical Practice Act of 1987 and a violation of the Health Care
Worker Self-Referral Act. This Section does not apply to health
insurance companies, health maintenance organizations, managed
care plans, or organizations, including hospitals and hospital
affiliates licensed in Illinois.
(Source: P.A. 100-1058, eff. 1-1-19; revised 10-9-18.)
 
    Section 780. The Beer Industry Fair Dealing Act is amended
by changing Section 3 as follows:
 
    (815 ILCS 720/3)  (from Ch. 43, par. 303)
    Sec. 3. Termination and notice of cancellation.
    (1) Except as provided in subsection (3) of this Section,
no brewer or beer wholesaler may cancel, fail to renew, or
otherwise terminate an agreement unless the brewer or
wholesaler furnishes prior notification to the affected party
in accordance with subsection (2).
    (2) The notification required under subsection (1) shall be
in writing and sent to the affected party by certified mail not
less than 90 days before the date on which the agreement will
be cancelled, not renewed, or otherwise terminated. The
notification shall contain (a) a statement of intention to
cancel, failure to renew, or otherwise terminate an agreement,
(b) a complete statement of reasons therefor therefore,
including all data and documentation necessary to fully apprise
the wholesaler of the reasons for the action, and (c) the date
on which the action shall take effect.
    (3) A brewer may cancel, fail to renew, or otherwise
terminate an agreement without furnishing any prior
notification for any of the following reasons:
        (A) Wholesaler's failure to pay any account when due
    and upon demand by the brewer for such payment, in
    accordance with agreed payment terms.
        (B) Wholesaler's assignment for the benefit of
    creditors, or similar disposition, of substantially all of
    the assets of such party's business.
        (C) Insolvency of wholesaler, or the institution of
    proceedings in bankruptcy by or against the wholesaler.
        (D) Dissolution or liquidation of the wholesaler.
        (E) Wholesaler's conviction of, or plea of guilty or no
    contest, to a charge of violating a law or regulation, in
    this State which materially and adversely affects the
    ability of either party to continue to sell beer in this
    State, or the revocation or suspension of a license or
    permit to sell beer in this State.
        (F) Any attempted transfer of business assets of the
    wholesaler, voting stock of the wholesaler, voting stock of
    any parent corporation of the wholesaler, or any change in
    the beneficial ownership or control of any entity without
    obtaining the prior consent or approval as provided for
    under Section 6 unless the brewer neither approves,
    consents to, nor objects to the transfer within 60 days
    after receiving all requested information from the
    wholesaler regarding the proposed purchase, in which event
    the brewer shall be deemed to have consented to the
    proposed transaction.
        (G) Fraudulent conduct by the wholesaler in its
    dealings with the brewer.
(Source: P.A. 88-410; revised 10-9-18.)
 
    Section 785. The Civil Air Patrol Leave Act is amended by
changing Section 10 as follows:
 
    (820 ILCS 148/10)
    Sec. 10. Civil air patrol leave requirement.
    (a) Any employer, as defined in Section 5 of this Act, that
employs between 15 and 50 employees shall provide up to 15 days
of unpaid civil air patrol leave to an employee performing a
civil air patrol mission, subject to the conditions set forth
in this Section. Civil air patrol leave granted under this Act
may consist of unpaid leave.
    (b) An employer, as defined in Section 5 of this Act, that
employs more than 50 employees shall provide up to 30 days of
unpaid civil air patrol leave to an employee performing a civil
air patrol mission, subject to the conditions set forth in this
Section. Civil air patrol leave granted under this Act may
consist of unpaid leave.
    (c) The employee shall give at least 14 days' notice of the
intended date upon which the civil air patrol leave will
commence if leave will consist of 5 or more consecutive work
days. When able, the employee shall consult with the employer
to schedule the leave so as to not unduly disrupt the
operations of the employer. Employees taking civil air patrol
leave for less than 5 consecutive days shall give the employer
advance advanced notice as is practical. The employer may
require certification from the proper civil air patrol
authority to verify the employee's eligibility for the civil
air patrol leave requested.
    (d) An employee taking leave as provided under this Act
shall not be required to have exhausted all accrued vacation
leave, personal leave, compensatory leave, sick leave,
disability leave, and any other leave that may be granted to
the employee.
(Source: P.A. 95-763, eff. 1-1-09; revised 10-9-18.)
 
    Section 790. The Family Military Leave Act is amended by
changing Section 10 as follows:
 
    (820 ILCS 151/10)
    Sec. 10. Family Military Leave Requirement.
    (a) Any employer, as defined in Section 5 of this Act, that
employs between 15 and 50 employees shall provide up to 15 days
of unpaid family military leave to an employee during the time
federal or State deployment orders are in effect, subject to
the conditions set forth in this Section. Family military leave
granted under this Act may consist of unpaid leave.
    (b) An employer, as defined in Section 5 of this Act, that
employs more than 50 employees shall provide up to 30 days of
unpaid family military leave to an employee during the time
federal or State deployment orders are in effect, subject to
the conditions set forth in this Section. Family military leave
granted under this Act may consist of unpaid leave. The number
of days of leave provided to an employee under this subsection
(b) because the employee's spouse or child is called to
military service shall be reduced by the number of days of
leave provided to the employee under subdivision (a)(1)(E) of
Section 102 of the Family and Medical Leave Act of 1993 because
of any qualifying exigency arising out of the fact that the
employee's spouse or child is on covered active duty as defined
in that Act (or has been notified of an impending call or order
to covered active duty) in the Armed Forces.
    (c) The employee shall give at least 14 days' days notice
of the intended date upon which the family military leave will
commence if leave will consist of 5 or more consecutive work
days. Where able, the employee shall consult with the employer
to schedule the leave so as to not unduly disrupt the
operations of the employer. Employees taking military family
leave for less than 5 consecutive days shall give the employer
advance advanced notice as is practicable. The employer may
require certification from the proper military authority to
verify the employee's eligibility for the family military leave
requested.
    (d) An employee shall not take leave as provided under this
Act unless he or she has exhausted all accrued vacation leave,
personal leave, compensatory leave, and any other leave that
may be granted to the employee, except sick leave and
disability leave.
(Source: P.A. 96-1417, eff. 1-1-11; revised 10-9-18.)
 
    Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
 
    Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    5 ILCS 80/4.29
    5 ILCS 80/4.39
    5 ILCS 100/5-30from Ch. 127, par. 1005-30
    5 ILCS 100/10-25from Ch. 127, par. 1010-25
    5 ILCS 100/10-50from Ch. 127, par. 1010-50
    5 ILCS 100/10-75
    5 ILCS 140/3from Ch. 116, par. 203
    5 ILCS 140/7.5
    5 ILCS 312/7-108from Ch. 102, par. 207-108
    5 ILCS 350/1from Ch. 127, par. 1301
    5 ILCS 410/20
    5 ILCS 412/5-35
    5 ILCS 420/4A-101from Ch. 127, par. 604A-101
    5 ILCS 430/25-5
    5 ILCS 490/195
    5 ILCS 490/196
    5 ILCS 820/15
    5 ILCS 820/35
    10 ILCS 5/3-4from Ch. 46, par. 3-4
    10 ILCS 5/4-12from Ch. 46, par. 4-12
    10 ILCS 5/5-15from Ch. 46, par. 5-15
    10 ILCS 5/6-44from Ch. 46, par. 6-44
    10 ILCS 5/6A-7from Ch. 46, par. 6A-7
    10 ILCS 5/7-2from Ch. 46, par. 7-2
    10 ILCS 5/7-58from Ch. 46, par. 7-58
    10 ILCS 5/17-22from Ch. 46, par. 17-22
    10 ILCS 5/24A-10from Ch. 46, par. 24A-10
    15 ILCS 15/3.1
    15 ILCS 335/12from Ch. 124, par. 32
    15 ILCS 505/16.5
    15 ILCS 520/22.5from Ch. 130, par. 41a
    20 ILCS 301/55-30
    20 ILCS 301/55-35
    20 ILCS 301/55-40
    20 ILCS 505/5from Ch. 23, par. 5005
    20 ILCS 605/605-1020
    20 ILCS 655/4from Ch. 67 1/2, par. 604
    20 ILCS 655/9.1from Ch. 67 1/2, par. 614
    20 ILCS 840/1from Ch. 105, par. 468g
    20 ILCS 860/2afrom Ch. 105, par. 532a
    20 ILCS 862/25.5
    20 ILCS 1305/1-17
    20 ILCS 1340/25
    20 ILCS 1370/1-35
    20 ILCS 1370/1-45
    20 ILCS 1375/5-20
    20 ILCS 1375/5-25
    20 ILCS 1605/2from Ch. 120, par. 1152
    20 ILCS 1605/9.1
    20 ILCS 1605/20from Ch. 120, par. 1170
    20 ILCS 1605/21.10
    20 ILCS 1605/21.11
    20 ILCS 1705/4.4
    20 ILCS 1805/21from Ch. 129, par. 220.21
    20 ILCS 2105/2105-15
    20 ILCS 2310/2310-307
    20 ILCS 2310/2310-313
    20 ILCS 2630/5.2
    20 ILCS 2905/2.5
    20 ILCS 3405/3.1
    20 ILCS 3405/4.5
    20 ILCS 3405/28 new
    20 ILCS 3410/1from Ch. 127, par. 133d1
    20 ILCS 3410/15 rep.
    20 ILCS 3501/805-15
    20 ILCS 3501/830-30
    20 ILCS 3501/830-35
    20 ILCS 3501/830-55
    20 ILCS 3501/845-75
    20 ILCS 3855/1-75
    20 ILCS 3921/15
    20 ILCS 3930/9.1
    20 ILCS 3960/3from Ch. 111 1/2, par. 1153
    20 ILCS 3960/4.2
    20 ILCS 3960/13from Ch. 111 1/2, par. 1163
    20 ILCS 4090/30
    20 ILCS 5125/45
    30 ILCS 5/2-16
    30 ILCS 105/5.886
    30 ILCS 105/5.887
    30 ILCS 105/5.888
    30 ILCS 105/5.889
    30 ILCS 105/5.890
    30 ILCS 105/5.892
    30 ILCS 105/6p-1from Ch. 127, par. 142p1
    30 ILCS 105/6z-105
    30 ILCS 105/6z-106
    30 ILCS 105/8.16afrom Ch. 127, par. 144.16a
    30 ILCS 105/9.03from Ch. 127, par. 145d
    30 ILCS 105/9.04from Ch. 127, par. 145e
    30 ILCS 105/13.2from Ch. 127, par. 149.2
    30 ILCS 330/9from Ch. 127, par. 659
    30 ILCS 330/11from Ch. 127, par. 661
    30 ILCS 500/1-10
    30 ILCS 500/1-15.100
    30 ILCS 500/20-60
    30 ILCS 500/20-160
    30 ILCS 500/50-13
    30 ILCS 540/8
    30 ILCS 708/25
    30 ILCS 708/45
    30 ILCS 708/97was 30 ILCS 708/520
    30 ILCS 805/8.41
    30 ILCS 805/8.42
    35 ILCS 5/203from Ch. 120, par. 2-203
    35 ILCS 5/220
    35 ILCS 5/221
    35 ILCS 5/226
    35 ILCS 5/227
    35 ILCS 5/228
    35 ILCS 5/901from Ch. 120, par. 9-901
    35 ILCS 10/5-20
    35 ILCS 16/45
    35 ILCS 31/10
    35 ILCS 105/3-5
    35 ILCS 110/3-5
    35 ILCS 115/3-5
    35 ILCS 120/2-5
    35 ILCS 200/10-745
    35 ILCS 200/21-245
    35 ILCS 200/21-385
    40 ILCS 5/1-162
    40 ILCS 5/14-152.1
    40 ILCS 5/15-107from Ch. 108 1/2, par. 15-107
    40 ILCS 5/15-155from Ch. 108 1/2, par. 15-155
    40 ILCS 5/15-198
    40 ILCS 5/16-158from Ch. 108 1/2, par. 16-158
    40 ILCS 5/16-203
    50 ILCS 50/5
    50 ILCS 50/30
    50 ILCS 705/7from Ch. 85, par. 507
    50 ILCS 705/10.22
    50 ILCS 722/10
    50 ILCS 722/20
    55 ILCS 5/5-1006from Ch. 34, par. 5-1006
    55 ILCS 5/5-1006.5
    55 ILCS 5/5-1007from Ch. 34, par. 5-1007
    55 ILCS 5/5-1069.3
    55 ILCS 5/5-30004from Ch. 34, par. 5-30004
    55 ILCS 80/2.5
    60 ILCS 1/70-27
    65 ILCS 5/8-11-1from Ch. 24, par. 8-11-1
    65 ILCS 5/8-11-1.3from Ch. 24, par. 8-11-1.3
    65 ILCS 5/8-11-1.4from Ch. 24, par. 8-11-1.4
    65 ILCS 5/8-11-1.6
    65 ILCS 5/8-11-1.7
    65 ILCS 5/8-11-5from Ch. 24, par. 8-11-5
    65 ILCS 5/10-2.1-4from Ch. 24, par. 10-2.1-4
    65 ILCS 5/10-3-12from Ch. 24, par. 10-3-12
    65 ILCS 5/10-4-2.3
    70 ILCS 5/8.08from Ch. 15 1/2, par. 68.8-08
    70 ILCS 1605/30
    70 ILCS 2405/22a.41from Ch. 42, par. 317d.42
    70 ILCS 2805/79from Ch. 42, par. 447.43
    70 ILCS 3610/3.5from Ch. 111 2/3, par. 353.5
    70 ILCS 3615/4.03from Ch. 111 2/3, par. 704.03
    70 ILCS 3720/4from Ch. 111 2/3, par. 254
    105 ILCS 5/2-3.25gfrom Ch. 122, par. 2-3.25g
    105 ILCS 5/2-3.173
    105 ILCS 5/2-3.174
    105 ILCS 5/2-3.175
    105 ILCS 5/3-15.12a
    105 ILCS 5/10-17afrom Ch. 122, par. 10-17a
    105 ILCS 5/10-20.67
    105 ILCS 5/10-20.68
    105 ILCS 5/10-22.3f
    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
    105 ILCS 5/10-29
    105 ILCS 5/21B-20
    105 ILCS 5/21B-25
    105 ILCS 5/21B-30
    105 ILCS 5/21B-40
    105 ILCS 5/22-30
    105 ILCS 5/22-80
    105 ILCS 5/24-5from Ch. 122, par. 24-5
    105 ILCS 5/24-12from Ch. 122, par. 24-12
    105 ILCS 5/26-2afrom Ch. 122, par. 26-2a
    105 ILCS 5/26-12from Ch. 122, par. 26-12
    105 ILCS 5/27-8.1from Ch. 122, par. 27-8.1
    105 ILCS 5/27-22.05
    105 ILCS 5/27-23.11
    105 ILCS 5/27-23.12
    105 ILCS 5/27A-5
    105 ILCS 305/4from Ch. 122, par. 1503-4
    110 ILCS 165/5
    110 ILCS 205/7from Ch. 144, par. 187
    110 ILCS 205/9.37
    110 ILCS 205/9.38
    110 ILCS 305/7bfrom Ch. 144, par. 28b
    110 ILCS 805/2-11from Ch. 122, par. 102-11
    110 ILCS 805/2-12from Ch. 122, par. 102-12
    110 ILCS 805/3-25.1from Ch. 122, par. 103-25.1
    110 ILCS 947/35
    110 ILCS 947/55
    110 ILCS 947/60
    110 ILCS 947/65.100
    205 ILCS 5/18from Ch. 17, par. 325
    205 ILCS 5/28from Ch. 17, par. 335
    205 ILCS 5/48.1from Ch. 17, par. 360
    205 ILCS 305/10from Ch. 17, par. 4411
    205 ILCS 305/34from Ch. 17, par. 4435
    205 ILCS 620/6-10from Ch. 17, par. 1556-10
    205 ILCS 635/1-3from Ch. 17, par. 2321-3
    205 ILCS 635/1-4
    205 ILCS 635/4-1from Ch. 17, par. 2324-1
    205 ILCS 635/4-8from Ch. 17, par. 2324-8
    210 ILCS 49/5-104
    210 ILCS 49/5-106
    210 ILCS 50/3.5
    210 ILCS 50/3.50
    210 ILCS 160/20
    215 ILCS 5/4from Ch. 73, par. 616
    215 ILCS 5/154.8from Ch. 73, par. 766.8
    215 ILCS 5/300.1from Ch. 73, par. 912.1
    215 ILCS 5/356z.29
    215 ILCS 5/356z.30
    215 ILCS 5/356z.31
    215 ILCS 5/356z.32
    215 ILCS 5/370cfrom Ch. 73, par. 982c
    215 ILCS 5/452from Ch. 73, par. 1064
    215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
    215 ILCS 130/4003from Ch. 73, par. 1504-3
    215 ILCS 165/10from Ch. 32, par. 604
    220 ILCS 5/4-304from Ch. 111 2/3, par. 4-304
    220 ILCS 5/7-204from Ch. 111 2/3, par. 7-204
    220 ILCS 5/8-103B
    225 ILCS 37/35
    225 ILCS 60/22from Ch. 111, par. 4400-22
    225 ILCS 65/65-40was 225 ILCS 65/15-20
    225 ILCS 70/19from Ch. 111, par. 3669
    225 ILCS 109/75
    225 ILCS 150/5
    225 ILCS 235/3.18from Ch. 111 1/2, par. 2203.18
    225 ILCS 235/8from Ch. 111 1/2, par. 2208
    225 ILCS 235/17from Ch. 111 1/2, par. 2217
    225 ILCS 235/23from Ch. 111 1/2, par. 2223
    225 ILCS 235/25from Ch. 111 1/2, par. 2225
    225 ILCS 310/8from Ch. 111, par. 8208
    225 ILCS 310/13from Ch. 111, par. 8213
    225 ILCS 422/85
    225 ILCS 454/20-20
    225 ILCS 458/5-20
    225 ILCS 458/5-25
    225 ILCS 459/65
    225 ILCS 605/2from Ch. 8, par. 302
    225 ILCS 720/1.06from Ch. 96 1/2, par. 7901.06
    225 ILCS 740/2.02from Ch. 96 1/2, par. 6904
    230 ILCS 5/26from Ch. 8, par. 37-26
    230 ILCS 5/26.7
    235 ILCS 5/3-12
    235 ILCS 5/5-1from Ch. 43, par. 115
    235 ILCS 5/6-4from Ch. 43, par. 121
    235 ILCS 5/6-11
    305 ILCS 5/5-4.2from Ch. 23, par. 5-4.2
    305 ILCS 5/5-5.02from Ch. 23, par. 5-5.02
    305 ILCS 5/5-5.25
    305 ILCS 5/5-16.8
    305 ILCS 5/5-30.6
    305 ILCS 5/5-30.8
    305 ILCS 5/5-30.9
    305 ILCS 5/5-30.10
    305 ILCS 5/5A-15
    305 ILCS 5/9A-11from Ch. 23, par. 9A-11
    305 ILCS 5/12-4.51
    305 ILCS 5/14-12
    305 ILCS 65/10
    320 ILCS 42/35
    330 ILCS 21/30
    330 ILCS 21/50
    330 ILCS 61/5-20
    405 ILCS 80/Art. VII-A
    heading
    410 ILCS 43/5
    410 ILCS 70/1afrom Ch. 111 1/2, par. 87-1a
    410 ILCS 70/2.1from Ch. 111 1/2, par. 87-2.1
    410 ILCS 70/5from Ch. 111 1/2, par. 87-5
    410 ILCS 70/6.5
    410 ILCS 535/25.4
    410 ILCS 625/3.3
    410 ILCS 625/4
    415 ILCS 20/7from Ch. 111 1/2, par. 7057
    415 ILCS 75/3from Ch. 111 1/2, par. 983
    415 ILCS 97/15
    415 ILCS 151/1-10
    415 ILCS 151/1-25
    430 ILCS 67/5
    430 ILCS 67/10
    430 ILCS 67/25
    430 ILCS 67/30
    430 ILCS 67/35
    430 ILCS 67/40
    430 ILCS 67/45
    430 ILCS 67/50
    430 ILCS 67/55
    430 ILCS 67/70
    505 ILCS 72/15
    505 ILCS 82/25
    510 ILCS 5/15.5
    510 ILCS 83/15
    520 ILCS 5/2.26from Ch. 61, par. 2.26
    520 ILCS 5/2.36afrom Ch. 61, par. 2.36a
    520 ILCS 5/3.1-9
    520 ILCS 5/3.2from Ch. 61, par. 3.2
    520 ILCS 5/3.3from Ch. 61, par. 3.3
    525 ILCS 55/1
    525 ILCS 55/15
    625 ILCS 5/2-123from Ch. 95 1/2, par. 2-123
    625 ILCS 5/3-117.1from Ch. 95 1/2, par. 3-117.1
    625 ILCS 5/3-699.15
    625 ILCS 5/3-699.16
    625 ILCS 5/3-808.1from Ch. 95 1/2, par. 3-808.1
    625 ILCS 5/3-815from Ch. 95 1/2, par. 3-815
    625 ILCS 5/6-109
    625 ILCS 5/6-118
    625 ILCS 5/6-303from Ch. 95 1/2, par. 6-303
    625 ILCS 5/6-525from Ch. 95 1/2, par. 6-525
    625 ILCS 5/8-101from Ch. 95 1/2, par. 8-101
    625 ILCS 5/11-501.01
    625 ILCS 5/11-501.7from Ch. 95 1/2, par. 11-501.7
    625 ILCS 5/12-610.2
    625 ILCS 5/12-806afrom Ch. 95 1/2, par. 12-806a
    625 ILCS 5/15-301from Ch. 95 1/2, par. 15-301
    625 ILCS 5/18c-1304from Ch. 95 1/2, par. 18c-1304
    625 ILCS 5/18c-4502from Ch. 95 1/2, par. 18c-4502
    625 ILCS 5/18c-7401from Ch. 95 1/2, par. 18c-7401
    705 ILCS 405/2-4b
    705 ILCS 405/2-17from Ch. 37, par. 802-17
    705 ILCS 405/5-410
    705 ILCS 405/6-1from Ch. 37, par. 806-1
    720 ILCS 5/3-6from Ch. 38, par. 3-6
    720 ILCS 5/11-9.2
    720 ILCS 5/33G-6
    720 ILCS 570/316
    720 ILCS 570/320
    720 ILCS 570/411.2
    720 ILCS 646/80
    725 ILCS 5/110-17from Ch. 38, par. 110-17
    725 ILCS 5/112A-4.5
    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
    725 ILCS 120/4.5
    725 ILCS 120/6from Ch. 38, par. 1406
    730 ILCS 5/3-2-12
    730 ILCS 5/3-5-3.1from Ch. 38, par. 1003-5-3.1
    730 ILCS 5/3-6-2from Ch. 38, par. 1003-6-2
    730 ILCS 5/3-10-2from Ch. 38, par. 1003-10-2
    730 ILCS 5/5-2-4from Ch. 38, par. 1005-2-4
    730 ILCS 5/5-2-6from Ch. 38, par. 1005-2-6
    730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1
    730 ILCS 5/5-5-3
    730 ILCS 5/5-5-6from Ch. 38, par. 1005-5-6
    730 ILCS 5/5-7-1from Ch. 38, par. 1005-7-1
    735 ILCS 5/21-103from Ch. 110, par. 21-103
    740 ILCS 10/5from Ch. 38, par. 60-5
    740 ILCS 45/2from Ch. 70, par. 72
    750 ILCS 85/20
    750 ILCS 95/15
    755 ILCS 45/4-10from Ch. 110 1/2, par. 804-10
    760 ILCS 5/6.5
    765 ILCS 605/30from Ch. 30, par. 330
    765 ILCS 1026/15-1002.1
    775 ILCS 5/1-103from Ch. 68, par. 1-103
    775 ILCS 5/8-102from Ch. 68, par. 8-102
    805 ILCS 180/50-10
    805 ILCS 180/50-50
    805 ILCS 215/1308
    815 ILCS 505/2VVV
    815 ILCS 720/3from Ch. 43, par. 303
    820 ILCS 148/10
    820 ILCS 151/10