HB5540 EngrossedLRB099 16003 AMC 40320 b

1    AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Nature of this Act.
6    (a) This Act may be cited as the First 2016 General
7Revisory Act.
8    (b) This Act is not intended to make any substantive change
9in the law. It reconciles conflicts that have arisen from
10multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12    This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19    (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

 

 

HB5540 Engrossed- 2 -LRB099 16003 AMC 40320 b

1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4    (d) Public Acts 98-1174 through 99-492 were considered in
5the preparation of the combining revisories included in this
6Act. Many of those combining revisories contain no striking or
7underscoring because no additional changes are being made in
8the material that is being combined.
 
9    Section 5. The Regulatory Sunset Act is amended by changing
10Section 4.36 as follows:
 
11    (5 ILCS 80/4.36)
12    Sec. 4.36. Acts Act repealed on January 1, 2026. The
13following Acts are Act is repealed on January 1, 2026:
14    The Barber, Cosmetology, Esthetics, Hair Braiding, and
15Nail Technology Act of 1985.
16    The Collection Agency Act.
17    The Hearing Instrument Consumer Protection Act.
18    The Illinois Athletic Trainers Practice Act.
19    The Illinois Dental Practice Act.
20    The Illinois Roofing Industry Licensing Act.
21    The Illinois Physical Therapy Act.
22    The Professional Geologist Licensing Act.
23    The Respiratory Care Practice Act.
24(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;

 

 

HB5540 Engrossed- 3 -LRB099 16003 AMC 40320 b

199-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
299-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
312-31-15; revised 12-29-15.)
 
4    (5 ILCS 80/4.26 rep.)
5    Section 7. The Regulatory Sunset Act is amended by
6repealing Section 4.26.
 
7    Section 10. The Illinois Administrative Procedure Act is
8amended by changing Section 5-45 as follows:
 
9    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
10    Sec. 5-45. Emergency rulemaking.
11    (a) "Emergency" means the existence of any situation that
12any agency finds reasonably constitutes a threat to the public
13interest, safety, or welfare.
14    (b) If any agency finds that an emergency exists that
15requires adoption of a rule upon fewer days than is required by
16Section 5-40 and states in writing its reasons for that
17finding, the agency may adopt an emergency rule without prior
18notice or hearing upon filing a notice of emergency rulemaking
19with the Secretary of State under Section 5-70. The notice
20shall include the text of the emergency rule and shall be
21published in the Illinois Register. Consent orders or other
22court orders adopting settlements negotiated by an agency may
23be adopted under this Section. Subject to applicable

 

 

HB5540 Engrossed- 4 -LRB099 16003 AMC 40320 b

1constitutional or statutory provisions, an emergency rule
2becomes effective immediately upon filing under Section 5-65 or
3at a stated date less than 10 days thereafter. The agency's
4finding and a statement of the specific reasons for the finding
5shall be filed with the rule. The agency shall take reasonable
6and appropriate measures to make emergency rules known to the
7persons who may be affected by them.
8    (c) An emergency rule may be effective for a period of not
9longer than 150 days, but the agency's authority to adopt an
10identical rule under Section 5-40 is not precluded. No
11emergency rule may be adopted more than once in any 24 month
12period, except that this limitation on the number of emergency
13rules that may be adopted in a 24 month period does not apply
14to (i) emergency rules that make additions to and deletions
15from the Drug Manual under Section 5-5.16 of the Illinois
16Public Aid Code or the generic drug formulary under Section
173.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
18emergency rules adopted by the Pollution Control Board before
19July 1, 1997 to implement portions of the Livestock Management
20Facilities Act, (iii) emergency rules adopted by the Illinois
21Department of Public Health under subsections (a) through (i)
22of Section 2 of the Department of Public Health Act when
23necessary to protect the public's health, (iv) emergency rules
24adopted pursuant to subsection (n) of this Section, (v)
25emergency rules adopted pursuant to subsection (o) of this
26Section, or (vi) emergency rules adopted pursuant to subsection

 

 

HB5540 Engrossed- 5 -LRB099 16003 AMC 40320 b

1(c-5) of this Section. Two or more emergency rules having
2substantially the same purpose and effect shall be deemed to be
3a single rule for purposes of this Section.
4    (c-5) To facilitate the maintenance of the program of group
5health benefits provided to annuitants, survivors, and retired
6employees under the State Employees Group Insurance Act of
71971, rules to alter the contributions to be paid by the State,
8annuitants, survivors, retired employees, or any combination
9of those entities, for that program of group health benefits,
10shall be adopted as emergency rules. The adoption of those
11rules shall be considered an emergency and necessary for the
12public interest, safety, and welfare.
13    (d) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 1999 budget,
15emergency rules to implement any provision of Public Act 90-587
16or 90-588 or any other budget initiative for fiscal year 1999
17may be adopted in accordance with this Section by the agency
18charged with administering that provision or initiative,
19except that the 24-month limitation on the adoption of
20emergency rules and the provisions of Sections 5-115 and 5-125
21do not apply to rules adopted under this subsection (d). The
22adoption of emergency rules authorized by this subsection (d)
23shall be deemed to be necessary for the public interest,
24safety, and welfare.
25    (e) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2000 budget,

 

 

HB5540 Engrossed- 6 -LRB099 16003 AMC 40320 b

1emergency rules to implement any provision of Public Act 91-24
2this amendatory Act of the 91st General Assembly or any other
3budget initiative for fiscal year 2000 may be adopted in
4accordance with this Section by the agency charged with
5administering that provision or initiative, except that the
624-month limitation on the adoption of emergency rules and the
7provisions of Sections 5-115 and 5-125 do not apply to rules
8adopted under this subsection (e). The adoption of emergency
9rules authorized by this subsection (e) shall be deemed to be
10necessary for the public interest, safety, and welfare.
11    (f) In order to provide for the expeditious and timely
12implementation of the State's fiscal year 2001 budget,
13emergency rules to implement any provision of Public Act 91-712
14this amendatory Act of the 91st General Assembly or any other
15budget initiative for fiscal year 2001 may be adopted in
16accordance with this Section by the agency charged with
17administering that provision or initiative, except that the
1824-month limitation on the adoption of emergency rules and the
19provisions of Sections 5-115 and 5-125 do not apply to rules
20adopted under this subsection (f). The adoption of emergency
21rules authorized by this subsection (f) shall be deemed to be
22necessary for the public interest, safety, and welfare.
23    (g) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 2002 budget,
25emergency rules to implement any provision of Public Act 92-10
26this amendatory Act of the 92nd General Assembly or any other

 

 

HB5540 Engrossed- 7 -LRB099 16003 AMC 40320 b

1budget initiative for fiscal year 2002 may be adopted in
2accordance with this Section by the agency charged with
3administering that provision or initiative, except that the
424-month limitation on the adoption of emergency rules and the
5provisions of Sections 5-115 and 5-125 do not apply to rules
6adopted under this subsection (g). The adoption of emergency
7rules authorized by this subsection (g) shall be deemed to be
8necessary for the public interest, safety, and welfare.
9    (h) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 2003 budget,
11emergency rules to implement any provision of Public Act 92-597
12this amendatory Act of the 92nd General Assembly or any other
13budget initiative for fiscal year 2003 may be adopted in
14accordance with this Section by the agency charged with
15administering that provision or initiative, except that the
1624-month limitation on the adoption of emergency rules and the
17provisions of Sections 5-115 and 5-125 do not apply to rules
18adopted under this subsection (h). The adoption of emergency
19rules authorized by this subsection (h) shall be deemed to be
20necessary for the public interest, safety, and welfare.
21    (i) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 2004 budget,
23emergency rules to implement any provision of Public Act 93-20
24this amendatory Act of the 93rd General Assembly or any other
25budget initiative for fiscal year 2004 may be adopted in
26accordance with this Section by the agency charged with

 

 

HB5540 Engrossed- 8 -LRB099 16003 AMC 40320 b

1administering that provision or initiative, except that the
224-month limitation on the adoption of emergency rules and the
3provisions of Sections 5-115 and 5-125 do not apply to rules
4adopted under this subsection (i). The adoption of emergency
5rules authorized by this subsection (i) shall be deemed to be
6necessary for the public interest, safety, and welfare.
7    (j) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92005 budget as provided under the Fiscal Year 2005 Budget
10Implementation (Human Services) Act, emergency rules to
11implement any provision of the Fiscal Year 2005 Budget
12Implementation (Human Services) Act may be adopted in
13accordance with this Section by the agency charged with
14administering that provision, except that the 24-month
15limitation on the adoption of emergency rules and the
16provisions of Sections 5-115 and 5-125 do not apply to rules
17adopted under this subsection (j). The Department of Public Aid
18may also adopt rules under this subsection (j) necessary to
19administer the Illinois Public Aid Code and the Children's
20Health Insurance Program Act. The adoption of emergency rules
21authorized by this subsection (j) shall be deemed to be
22necessary for the public interest, safety, and welfare.
23    (k) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252006 budget, emergency rules to implement any provision of
26Public Act 94-48 this amendatory Act of the 94th General

 

 

HB5540 Engrossed- 9 -LRB099 16003 AMC 40320 b

1Assembly or any other budget initiative for fiscal year 2006
2may be adopted in accordance with this Section by the agency
3charged with administering that provision or initiative,
4except that the 24-month limitation on the adoption of
5emergency rules and the provisions of Sections 5-115 and 5-125
6do not apply to rules adopted under this subsection (k). The
7Department of Healthcare and Family Services may also adopt
8rules under this subsection (k) necessary to administer the
9Illinois Public Aid Code, the Senior Citizens and Persons with
10Disabilities Property Tax Relief Act, the Senior Citizens and
11Disabled Persons Prescription Drug Discount Program Act (now
12the Illinois Prescription Drug Discount Program Act), and the
13Children's Health Insurance Program Act. The adoption of
14emergency rules authorized by this subsection (k) shall be
15deemed to be necessary for the public interest, safety, and
16welfare.
17    (l) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192007 budget, the Department of Healthcare and Family Services
20may adopt emergency rules during fiscal year 2007, including
21rules effective July 1, 2007, in accordance with this
22subsection to the extent necessary to administer the
23Department's responsibilities with respect to amendments to
24the State plans and Illinois waivers approved by the federal
25Centers for Medicare and Medicaid Services necessitated by the
26requirements of Title XIX and Title XXI of the federal Social

 

 

HB5540 Engrossed- 10 -LRB099 16003 AMC 40320 b

1Security Act. The adoption of emergency rules authorized by
2this subsection (l) shall be deemed to be necessary for the
3public interest, safety, and welfare.
4    (m) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62008 budget, the Department of Healthcare and Family Services
7may adopt emergency rules during fiscal year 2008, including
8rules effective July 1, 2008, in accordance with this
9subsection to the extent necessary to administer the
10Department's responsibilities with respect to amendments to
11the State plans and Illinois waivers approved by the federal
12Centers for Medicare and Medicaid Services necessitated by the
13requirements of Title XIX and Title XXI of the federal Social
14Security Act. The adoption of emergency rules authorized by
15this subsection (m) shall be deemed to be necessary for the
16public interest, safety, and welfare.
17    (n) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192010 budget, emergency rules to implement any provision of
20Public Act 96-45 this amendatory Act of the 96th General
21Assembly or any other budget initiative authorized by the 96th
22General Assembly for fiscal year 2010 may be adopted in
23accordance with this Section by the agency charged with
24administering that provision or initiative. The adoption of
25emergency rules authorized by this subsection (n) shall be
26deemed to be necessary for the public interest, safety, and

 

 

HB5540 Engrossed- 11 -LRB099 16003 AMC 40320 b

1welfare. The rulemaking authority granted in this subsection
2(n) shall apply only to rules promulgated during Fiscal Year
32010.
4    (o) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62011 budget, emergency rules to implement any provision of
7Public Act 96-958 this amendatory Act of the 96th General
8Assembly or any other budget initiative authorized by the 96th
9General Assembly for fiscal year 2011 may be adopted in
10accordance with this Section by the agency charged with
11administering that provision or initiative. The adoption of
12emergency rules authorized by this subsection (o) is deemed to
13be necessary for the public interest, safety, and welfare. The
14rulemaking authority granted in this subsection (o) applies
15only to rules promulgated on or after the effective date of
16Public Act 96-958 this amendatory Act of the 96th General
17Assembly through June 30, 2011.
18    (p) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 97-689,
20emergency rules to implement any provision of Public Act 97-689
21may be adopted in accordance with this subsection (p) by the
22agency charged with administering that provision or
23initiative. The 150-day limitation of the effective period of
24emergency rules does not apply to rules adopted under this
25subsection (p), and the effective period may continue through
26June 30, 2013. The 24-month limitation on the adoption of

 

 

HB5540 Engrossed- 12 -LRB099 16003 AMC 40320 b

1emergency rules does not apply to rules adopted under this
2subsection (p). The adoption of emergency rules authorized by
3this subsection (p) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (q) In order to provide for the expeditious and timely
6implementation of the provisions of Articles 7, 8, 9, 11, and
712 of Public Act 98-104 this amendatory Act of the 98th General
8Assembly, emergency rules to implement any provision of
9Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
10amendatory Act of the 98th General Assembly may be adopted in
11accordance with this subsection (q) by the agency charged with
12administering that provision or initiative. The 24-month
13limitation on the adoption of emergency rules does not apply to
14rules adopted under this subsection (q). The adoption of
15emergency rules authorized by this subsection (q) is deemed to
16be necessary for the public interest, safety, and welfare.
17    (r) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 98-651 this
19amendatory Act of the 98th General Assembly, emergency rules to
20implement Public Act 98-651 this amendatory Act of the 98th
21General Assembly may be adopted in accordance with this
22subsection (r) by the Department of Healthcare and Family
23Services. The 24-month limitation on the adoption of emergency
24rules does not apply to rules adopted under this subsection
25(r). The adoption of emergency rules authorized by this
26subsection (r) is deemed to be necessary for the public

 

 

HB5540 Engrossed- 13 -LRB099 16003 AMC 40320 b

1interest, safety, and welfare.
2    (s) In order to provide for the expeditious and timely
3implementation of the provisions of Sections 5-5b.1 and 5A-2 of
4the Illinois Public Aid Code, emergency rules to implement any
5provision of Section 5-5b.1 or Section 5A-2 of the Illinois
6Public Aid Code may be adopted in accordance with this
7subsection (s) by the Department of Healthcare and Family
8Services. The rulemaking authority granted in this subsection
9(s) shall apply only to those rules adopted prior to July 1,
102015. Notwithstanding any other provision of this Section, any
11emergency rule adopted under this subsection (s) shall only
12apply to payments made for State fiscal year 2015. The adoption
13of emergency rules authorized by this subsection (s) is deemed
14to be necessary for the public interest, safety, and welfare.
15    (t) In order to provide for the expeditious and timely
16implementation of the provisions of Article II of Public Act
1799-6 this amendatory Act of the 99th General Assembly,
18emergency rules to implement the changes made by Article II of
19Public Act 99-6 this amendatory Act of the 99th General
20Assembly to the Emergency Telephone System Act may be adopted
21in accordance with this subsection (t) by the Department of
22State Police. The rulemaking authority granted in this
23subsection (t) shall apply only to those rules adopted prior to
24July 1, 2016. The 24-month limitation on the adoption of
25emergency rules does not apply to rules adopted under this
26subsection (t). The adoption of emergency rules authorized by

 

 

HB5540 Engrossed- 14 -LRB099 16003 AMC 40320 b

1this subsection (t) is deemed to be necessary for the public
2interest, safety, and welfare.
3    (u) (t) In order to provide for the expeditious and timely
4implementation of the provisions of the Burn Victims Relief
5Act, emergency rules to implement any provision of the Act may
6be adopted in accordance with this subsection (u) (t) by the
7Department of Insurance. The rulemaking authority granted in
8this subsection (u) (t) shall apply only to those rules adopted
9prior to December 31, 2015. The adoption of emergency rules
10authorized by this subsection (u) (t) is deemed to be necessary
11for the public interest, safety, and welfare.
12(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
1398-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
1499-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)
 
15    Section 15. The Open Meetings Act is amended by changing
16Section 2 as follows:
 
17    (5 ILCS 120/2)  (from Ch. 102, par. 42)
18    Sec. 2. Open meetings.
19    (a) Openness required. All meetings of public bodies shall
20be open to the public unless excepted in subsection (c) and
21closed in accordance with Section 2a.
22    (b) Construction of exceptions. The exceptions contained
23in subsection (c) are in derogation of the requirement that
24public bodies meet in the open, and therefore, the exceptions

 

 

HB5540 Engrossed- 15 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 16 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 17 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 18 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 19 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 20 -LRB099 16003 AMC 40320 b

1    fatality review team or the Illinois Fatality Review Team
2    Advisory Council during which a review of the death of an
3    eligible adult in which abuse or neglect is suspected,
4    alleged, or substantiated is conducted pursuant to Section
5    15 of the Adult Protective Services Act.
6        (31) Meetings and deliberations for decisions of the
7    Concealed Carry Licensing Review Board under the Firearm
8    Concealed Carry Act.
9        (32) Meetings between the Regional Transportation
10    Authority Board and its Service Boards when the discussion
11    involves review by the Regional Transportation Authority
12    Board of employment contracts under Section 28d of the
13    Metropolitan Transit Authority Act and Sections 3A.18 and
14    3B.26 of the Regional Transportation Authority Act.
15        (33) Those meetings meeting or portions of meetings of
16    the advisory committee and peer review subcommittee
17    created under Section 320 of the Illinois Controlled
18    Substances Act during which specific controlled substance
19    prescriber, dispenser, or patient information is
20    discussed.
21    (d) Definitions. For purposes of this Section:
22    "Employee" means a person employed by a public body whose
23relationship with the public body constitutes an
24employer-employee relationship under the usual common law
25rules, and who is not an independent contractor.
26    "Public office" means a position created by or under the

 

 

HB5540 Engrossed- 21 -LRB099 16003 AMC 40320 b

1Constitution or laws of this State, the occupant of which is
2charged with the exercise of some portion of the sovereign
3power of this State. The term "public office" shall include
4members of the public body, but it shall not include
5organizational positions filled by members thereof, whether
6established by law or by a public body itself, that exist to
7assist the body in the conduct of its business.
8    "Quasi-adjudicative body" means an administrative body
9charged by law or ordinance with the responsibility to conduct
10hearings, receive evidence or testimony and make
11determinations based thereon, but does not include local
12electoral boards when such bodies are considering petition
13challenges.
14    (e) Final action. No final action may be taken at a closed
15meeting. Final action shall be preceded by a public recital of
16the nature of the matter being considered and other information
17that will inform the public of the business being conducted.
18(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
19eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
2099-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
21revised 10-14-15.)
 
22    Section 20. The Freedom of Information Act is amended by
23changing Sections 7, 7.5, and 11 as follows:
 
24    (5 ILCS 140/7)  (from Ch. 116, par. 207)

 

 

HB5540 Engrossed- 22 -LRB099 16003 AMC 40320 b

1    Sec. 7. Exemptions.
2    (1) When a request is made to inspect or copy a public
3record that contains information that is exempt from disclosure
4under this Section, but also contains information that is not
5exempt from disclosure, the public body may elect to redact the
6information that is exempt. The public body shall make the
7remaining information available for inspection and copying.
8Subject to this requirement, the following shall be exempt from
9inspection and copying:
10        (a) Information specifically prohibited from
11    disclosure by federal or State law or rules and regulations
12    implementing federal or State law.
13        (b) Private information, unless disclosure is required
14    by another provision of this Act, a State or federal law or
15    a court order.
16        (b-5) Files, documents, and other data or databases
17    maintained by one or more law enforcement agencies and
18    specifically designed to provide information to one or more
19    law enforcement agencies regarding the physical or mental
20    status of one or more individual subjects.
21        (c) Personal information contained within public
22    records, the disclosure of which would constitute a clearly
23    unwarranted invasion of personal privacy, unless the
24    disclosure is consented to in writing by the individual
25    subjects of the information. "Unwarranted invasion of
26    personal privacy" means the disclosure of information that

 

 

HB5540 Engrossed- 23 -LRB099 16003 AMC 40320 b

1    is highly personal or objectionable to a reasonable person
2    and in which the subject's right to privacy outweighs any
3    legitimate public interest in obtaining the information.
4    The disclosure of information that bears on the public
5    duties of public employees and officials shall not be
6    considered an invasion of personal privacy.
7        (d) Records in the possession of any public body
8    created in the course of administrative enforcement
9    proceedings, and any law enforcement or correctional
10    agency for law enforcement purposes, but only to the extent
11    that disclosure would:
12            (i) interfere with pending or actually and
13        reasonably contemplated law enforcement proceedings
14        conducted by any law enforcement or correctional
15        agency that is the recipient of the request;
16            (ii) interfere with active administrative
17        enforcement proceedings conducted by the public body
18        that is the recipient of the request;
19            (iii) create a substantial likelihood that a
20        person will be deprived of a fair trial or an impartial
21        hearing;
22            (iv) unavoidably disclose the identity of a
23        confidential source, confidential information
24        furnished only by the confidential source, or persons
25        who file complaints with or provide information to
26        administrative, investigative, law enforcement, or

 

 

HB5540 Engrossed- 24 -LRB099 16003 AMC 40320 b

1        penal agencies; except that the identities of
2        witnesses to traffic accidents, traffic accident
3        reports, and rescue reports shall be provided by
4        agencies of local government, except when disclosure
5        would interfere with an active criminal investigation
6        conducted by the agency that is the recipient of the
7        request;
8            (v) disclose unique or specialized investigative
9        techniques other than those generally used and known or
10        disclose internal documents of correctional agencies
11        related to detection, observation or investigation of
12        incidents of crime or misconduct, and disclosure would
13        result in demonstrable harm to the agency or public
14        body that is the recipient of the request;
15            (vi) endanger the life or physical safety of law
16        enforcement personnel or any other person; or
17            (vii) obstruct an ongoing criminal investigation
18        by the agency that is the recipient of the request.
19        (d-5) A law enforcement record created for law
20    enforcement purposes and contained in a shared electronic
21    record management system if the law enforcement agency that
22    is the recipient of the request did not create the record,
23    did not participate in or have a role in any of the events
24    which are the subject of the record, and only has access to
25    the record through the shared electronic record management
26    system.

 

 

HB5540 Engrossed- 25 -LRB099 16003 AMC 40320 b

1        (e) Records that relate to or affect the security of
2    correctional institutions and detention facilities.
3        (e-5) Records requested by persons committed to the
4    Department of Corrections if those materials are available
5    in the library of the correctional facility where the
6    inmate is confined.
7        (e-6) Records requested by persons committed to the
8    Department of Corrections if those materials include
9    records from staff members' personnel files, staff
10    rosters, or other staffing assignment information.
11        (e-7) Records requested by persons committed to the
12    Department of Corrections if those materials are available
13    through an administrative request to the Department of
14    Corrections.
15        (f) Preliminary drafts, notes, recommendations,
16    memoranda and other records in which opinions are
17    expressed, or policies or actions are formulated, except
18    that a specific record or relevant portion of a record
19    shall not be exempt when the record is publicly cited and
20    identified by the head of the public body. The exemption
21    provided in this paragraph (f) extends to all those records
22    of officers and agencies of the General Assembly that
23    pertain to the preparation of legislative documents.
24        (g) Trade secrets and commercial or financial
25    information obtained from a person or business where the
26    trade secrets or commercial or financial information are

 

 

HB5540 Engrossed- 26 -LRB099 16003 AMC 40320 b

1    furnished under a claim that they are proprietary,
2    privileged or confidential, and that disclosure of the
3    trade secrets or commercial or financial information would
4    cause competitive harm to the person or business, and only
5    insofar as the claim directly applies to the records
6    requested.
7        The information included under this exemption includes
8    all trade secrets and commercial or financial information
9    obtained by a public body, including a public pension fund,
10    from a private equity fund or a privately held company
11    within the investment portfolio of a private equity fund as
12    a result of either investing or evaluating a potential
13    investment of public funds in a private equity fund. The
14    exemption contained in this item does not apply to the
15    aggregate financial performance information of a private
16    equity fund, nor to the identity of the fund's managers or
17    general partners. The exemption contained in this item does
18    not apply to the identity of a privately held company
19    within the investment portfolio of a private equity fund,
20    unless the disclosure of the identity of a privately held
21    company may cause competitive harm.
22        Nothing contained in this paragraph (g) shall be
23    construed to prevent a person or business from consenting
24    to disclosure.
25        (h) Proposals and bids for any contract, grant, or
26    agreement, including information which if it were

 

 

HB5540 Engrossed- 27 -LRB099 16003 AMC 40320 b

1    disclosed would frustrate procurement or give an advantage
2    to any person proposing to enter into a contractor
3    agreement with the body, until an award or final selection
4    is made. Information prepared by or for the body in
5    preparation of a bid solicitation shall be exempt until an
6    award or final selection is made.
7        (i) Valuable formulae, computer geographic systems,
8    designs, drawings and research data obtained or produced by
9    any public body when disclosure could reasonably be
10    expected to produce private gain or public loss. The
11    exemption for "computer geographic systems" provided in
12    this paragraph (i) does not extend to requests made by news
13    media as defined in Section 2 of this Act when the
14    requested information is not otherwise exempt and the only
15    purpose of the request is to access and disseminate
16    information regarding the health, safety, welfare, or
17    legal rights of the general public.
18        (j) The following information pertaining to
19    educational matters:
20            (i) test questions, scoring keys and other
21        examination data used to administer an academic
22        examination;
23            (ii) information received by a primary or
24        secondary school, college, or university under its
25        procedures for the evaluation of faculty members by
26        their academic peers;

 

 

HB5540 Engrossed- 28 -LRB099 16003 AMC 40320 b

1            (iii) information concerning a school or
2        university's adjudication of student disciplinary
3        cases, but only to the extent that disclosure would
4        unavoidably reveal the identity of the student; and
5            (iv) course materials or research materials used
6        by faculty members.
7        (k) Architects' plans, engineers' technical
8    submissions, and other construction related technical
9    documents for projects not constructed or developed in
10    whole or in part with public funds and the same for
11    projects constructed or developed with public funds,
12    including but not limited to power generating and
13    distribution stations and other transmission and
14    distribution facilities, water treatment facilities,
15    airport facilities, sport stadiums, convention centers,
16    and all government owned, operated, or occupied buildings,
17    but only to the extent that disclosure would compromise
18    security.
19        (l) Minutes of meetings of public bodies closed to the
20    public as provided in the Open Meetings Act until the
21    public body makes the minutes available to the public under
22    Section 2.06 of the Open Meetings Act.
23        (m) Communications between a public body and an
24    attorney or auditor representing the public body that would
25    not be subject to discovery in litigation, and materials
26    prepared or compiled by or for a public body in

 

 

HB5540 Engrossed- 29 -LRB099 16003 AMC 40320 b

1    anticipation of a criminal, civil or administrative
2    proceeding upon the request of an attorney advising the
3    public body, and materials prepared or compiled with
4    respect to internal audits of public bodies.
5        (n) Records relating to a public body's adjudication of
6    employee grievances or disciplinary cases; however, this
7    exemption shall not extend to the final outcome of cases in
8    which discipline is imposed.
9        (o) Administrative or technical information associated
10    with automated data processing operations, including but
11    not limited to software, operating protocols, computer
12    program abstracts, file layouts, source listings, object
13    modules, load modules, user guides, documentation
14    pertaining to all logical and physical design of
15    computerized systems, employee manuals, and any other
16    information that, if disclosed, would jeopardize the
17    security of the system or its data or the security of
18    materials exempt under this Section.
19        (p) Records relating to collective negotiating matters
20    between public bodies and their employees or
21    representatives, except that any final contract or
22    agreement shall be subject to inspection and copying.
23        (q) Test questions, scoring keys, and other
24    examination data used to determine the qualifications of an
25    applicant for a license or employment.
26        (r) The records, documents, and information relating

 

 

HB5540 Engrossed- 30 -LRB099 16003 AMC 40320 b

1    to real estate purchase negotiations until those
2    negotiations have been completed or otherwise terminated.
3    With regard to a parcel involved in a pending or actually
4    and reasonably contemplated eminent domain proceeding
5    under the Eminent Domain Act, records, documents and
6    information relating to that parcel shall be exempt except
7    as may be allowed under discovery rules adopted by the
8    Illinois Supreme Court. The records, documents and
9    information relating to a real estate sale shall be exempt
10    until a sale is consummated.
11        (s) Any and all proprietary information and records
12    related to the operation of an intergovernmental risk
13    management association or self-insurance pool or jointly
14    self-administered health and accident cooperative or pool.
15    Insurance or self insurance (including any
16    intergovernmental risk management association or self
17    insurance pool) claims, loss or risk management
18    information, records, data, advice or communications.
19        (t) Information contained in or related to
20    examination, operating, or condition reports prepared by,
21    on behalf of, or for the use of a public body responsible
22    for the regulation or supervision of financial
23    institutions or insurance companies, unless disclosure is
24    otherwise required by State law.
25        (u) Information that would disclose or might lead to
26    the disclosure of secret or confidential information,

 

 

HB5540 Engrossed- 31 -LRB099 16003 AMC 40320 b

1    codes, algorithms, programs, or private keys intended to be
2    used to create electronic or digital signatures under the
3    Electronic Commerce Security Act.
4        (v) Vulnerability assessments, security measures, and
5    response policies or plans that are designed to identify,
6    prevent, or respond to potential attacks upon a community's
7    population or systems, facilities, or installations, the
8    destruction or contamination of which would constitute a
9    clear and present danger to the health or safety of the
10    community, but only to the extent that disclosure could
11    reasonably be expected to jeopardize the effectiveness of
12    the measures or the safety of the personnel who implement
13    them or the public. Information exempt under this item may
14    include such things as details pertaining to the
15    mobilization or deployment of personnel or equipment, to
16    the operation of communication systems or protocols, or to
17    tactical operations.
18        (w) (Blank).
19        (x) Maps and other records regarding the location or
20    security of generation, transmission, distribution,
21    storage, gathering, treatment, or switching facilities
22    owned by a utility, by a power generator, or by the
23    Illinois Power Agency.
24        (y) Information contained in or related to proposals,
25    bids, or negotiations related to electric power
26    procurement under Section 1-75 of the Illinois Power Agency

 

 

HB5540 Engrossed- 32 -LRB099 16003 AMC 40320 b

1    Act and Section 16-111.5 of the Public Utilities Act that
2    is determined to be confidential and proprietary by the
3    Illinois Power Agency or by the Illinois Commerce
4    Commission.
5        (z) Information about students exempted from
6    disclosure under Sections 10-20.38 or 34-18.29 of the
7    School Code, and information about undergraduate students
8    enrolled at an institution of higher education exempted
9    from disclosure under Section 25 of the Illinois Credit
10    Card Marketing Act of 2009.
11        (aa) Information the disclosure of which is exempted
12    under the Viatical Settlements Act of 2009.
13        (bb) Records and information provided to a mortality
14    review team and records maintained by a mortality review
15    team appointed under the Department of Juvenile Justice
16    Mortality Review Team Act.
17        (cc) Information regarding interments, entombments, or
18    inurnments of human remains that are submitted to the
19    Cemetery Oversight Database under the Cemetery Care Act or
20    the Cemetery Oversight Act, whichever is applicable.
21        (dd) Correspondence and records (i) that may not be
22    disclosed under Section 11-9 of the Public Aid Code or (ii)
23    that pertain to appeals under Section 11-8 of the Public
24    Aid Code.
25        (ee) The names, addresses, or other personal
26    information of persons who are minors and are also

 

 

HB5540 Engrossed- 33 -LRB099 16003 AMC 40320 b

1    participants and registrants in programs of park
2    districts, forest preserve districts, conservation
3    districts, recreation agencies, and special recreation
4    associations.
5        (ff) The names, addresses, or other personal
6    information of participants and registrants in programs of
7    park districts, forest preserve districts, conservation
8    districts, recreation agencies, and special recreation
9    associations where such programs are targeted primarily to
10    minors.
11        (gg) Confidential information described in Section
12    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
13        (hh) The report submitted to the State Board of
14    Education by the School Security and Standards Task Force
15    under item (8) of subsection (d) of Section 2-3.160 of the
16    School Code and any information contained in that report.
17        (ii) Records requested by persons committed to or
18    detained by the Department of Human Services under the
19    Sexually Violent Persons Commitment Act or committed to the
20    Department of Corrections under the Sexually Dangerous
21    Persons Act if those materials: (i) are available in the
22    library of the facility where the individual is confined;
23    (ii) include records from staff members' personnel files,
24    staff rosters, or other staffing assignment information;
25    or (iii) are available through an administrative request to
26    the Department of Human Services or the Department of

 

 

HB5540 Engrossed- 34 -LRB099 16003 AMC 40320 b

1    Corrections.
2        (jj) (ii) Confidential information described in
3    Section 5-535 of the Civil Administrative Code of Illinois.
4    (1.5) Any information exempt from disclosure under the
5Judicial Privacy Act shall be redacted from public records
6prior to disclosure under this Act.
7    (2) A public record that is not in the possession of a
8public body but is in the possession of a party with whom the
9agency has contracted to perform a governmental function on
10behalf of the public body, and that directly relates to the
11governmental function and is not otherwise exempt under this
12Act, shall be considered a public record of the public body,
13for purposes of this Act.
14    (3) This Section does not authorize withholding of
15information or limit the availability of records to the public,
16except as stated in this Section or otherwise provided in this
17Act.
18(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
1998-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
20revised 1-11-16.)
 
21    (5 ILCS 140/7.5)
22    Sec. 7.5. Statutory exemptions. To the extent provided for
23by the statutes referenced below, the following shall be exempt
24from inspection and copying:
25        (a) All information determined to be confidential

 

 

HB5540 Engrossed- 35 -LRB099 16003 AMC 40320 b

1    under Section 4002 of the Technology Advancement and
2    Development Act.
3        (b) Library circulation and order records identifying
4    library users with specific materials under the Library
5    Records Confidentiality Act.
6        (c) Applications, related documents, and medical
7    records received by the Experimental Organ Transplantation
8    Procedures Board and any and all documents or other records
9    prepared by the Experimental Organ Transplantation
10    Procedures Board or its staff relating to applications it
11    has received.
12        (d) Information and records held by the Department of
13    Public Health and its authorized representatives relating
14    to known or suspected cases of sexually transmissible
15    disease or any information the disclosure of which is
16    restricted under the Illinois Sexually Transmissible
17    Disease Control Act.
18        (e) Information the disclosure of which is exempted
19    under Section 30 of the Radon Industry Licensing Act.
20        (f) Firm performance evaluations under Section 55 of
21    the Architectural, Engineering, and Land Surveying
22    Qualifications Based Selection Act.
23        (g) Information the disclosure of which is restricted
24    and exempted under Section 50 of the Illinois Prepaid
25    Tuition Act.
26        (h) Information the disclosure of which is exempted

 

 

HB5540 Engrossed- 36 -LRB099 16003 AMC 40320 b

1    under the State Officials and Employees Ethics Act, and
2    records of any lawfully created State or local inspector
3    general's office that would be exempt if created or
4    obtained by an Executive Inspector General's office under
5    that Act.
6        (i) Information contained in a local emergency energy
7    plan submitted to a municipality in accordance with a local
8    emergency energy plan ordinance that is adopted under
9    Section 11-21.5-5 of the Illinois Municipal Code.
10        (j) Information and data concerning the distribution
11    of surcharge moneys collected and remitted by wireless
12    carriers under the Wireless Emergency Telephone Safety
13    Act.
14        (k) Law enforcement officer identification information
15    or driver identification information compiled by a law
16    enforcement agency or the Department of Transportation
17    under Section 11-212 of the Illinois Vehicle Code.
18        (l) Records and information provided to a residential
19    health care facility resident sexual assault and death
20    review team or the Executive Council under the Abuse
21    Prevention Review Team Act.
22        (m) Information provided to the predatory lending
23    database created pursuant to Article 3 of the Residential
24    Real Property Disclosure Act, except to the extent
25    authorized under that Article.
26        (n) Defense budgets and petitions for certification of

 

 

HB5540 Engrossed- 37 -LRB099 16003 AMC 40320 b

1    compensation and expenses for court appointed trial
2    counsel as provided under Sections 10 and 15 of the Capital
3    Crimes Litigation Act. This subsection (n) shall apply
4    until the conclusion of the trial of the case, even if the
5    prosecution chooses not to pursue the death penalty prior
6    to trial or sentencing.
7        (o) Information that is prohibited from being
8    disclosed under Section 4 of the Illinois Health and
9    Hazardous Substances Registry Act.
10        (p) Security portions of system safety program plans,
11    investigation reports, surveys, schedules, lists, data, or
12    information compiled, collected, or prepared by or for the
13    Regional Transportation Authority under Section 2.11 of
14    the Regional Transportation Authority Act or the St. Clair
15    County Transit District under the Bi-State Transit Safety
16    Act.
17        (q) Information prohibited from being disclosed by the
18    Personnel Records Review Act.
19        (r) Information prohibited from being disclosed by the
20    Illinois School Student Records Act.
21        (s) Information the disclosure of which is restricted
22    under Section 5-108 of the Public Utilities Act.
23        (t) All identified or deidentified health information
24    in the form of health data or medical records contained in,
25    stored in, submitted to, transferred by, or released from
26    the Illinois Health Information Exchange, and identified

 

 

HB5540 Engrossed- 38 -LRB099 16003 AMC 40320 b

1    or deidentified health information in the form of health
2    data and medical records of the Illinois Health Information
3    Exchange in the possession of the Illinois Health
4    Information Exchange Authority due to its administration
5    of the Illinois Health Information Exchange. The terms
6    "identified" and "deidentified" shall be given the same
7    meaning as in the Health Insurance Portability and
8    Accountability and Portability Act of 1996, Public Law
9    104-191, or any subsequent amendments thereto, and any
10    regulations promulgated thereunder.
11        (u) Records and information provided to an independent
12    team of experts under Brian's Law.
13        (v) Names and information of people who have applied
14    for or received Firearm Owner's Identification Cards under
15    the Firearm Owners Identification Card Act or applied for
16    or received a concealed carry license under the Firearm
17    Concealed Carry Act, unless otherwise authorized by the
18    Firearm Concealed Carry Act; and databases under the
19    Firearm Concealed Carry Act, records of the Concealed Carry
20    Licensing Review Board under the Firearm Concealed Carry
21    Act, and law enforcement agency objections under the
22    Firearm Concealed Carry Act.
23        (w) Personally identifiable information which is
24    exempted from disclosure under subsection (g) of Section
25    19.1 of the Toll Highway Act.
26        (x) Information which is exempted from disclosure

 

 

HB5540 Engrossed- 39 -LRB099 16003 AMC 40320 b

1    under Section 5-1014.3 of the Counties Code or Section
2    8-11-21 of the Illinois Municipal Code.
3        (y) Confidential information under the Adult
4    Protective Services Act and its predecessor enabling
5    statute, the Elder Abuse and Neglect Act, including
6    information about the identity and administrative finding
7    against any caregiver of a verified and substantiated
8    decision of abuse, neglect, or financial exploitation of an
9    eligible adult maintained in the Registry established
10    under Section 7.5 of the Adult Protective Services Act.
11        (z) Records and information provided to a fatality
12    review team or the Illinois Fatality Review Team Advisory
13    Council under Section 15 of the Adult Protective Services
14    Act.
15        (aa) Information which is exempted from disclosure
16    under Section 2.37 of the Wildlife Code.
17        (bb) Information which is or was prohibited from
18    disclosure by the Juvenile Court Act of 1987.
19        (cc) (bb) Recordings made under the Law Enforcement
20    Officer-Worn Body Camera Act, except to the extent
21    authorized under that Act.
22(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
23eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2499-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
25revised 10-14-15.)
 

 

 

HB5540 Engrossed- 40 -LRB099 16003 AMC 40320 b

1    (5 ILCS 140/11)  (from Ch. 116, par. 211)
2    Sec. 11. (a) Any person denied access to inspect or copy
3any public record by a public body may file suit for injunctive
4or declaratory relief.
5    (b) Where the denial is from a public body of the State,
6suit may be filed in the circuit court for the county where the
7public body has its principal office or where the person denied
8access resides.
9    (c) Where the denial is from a municipality or other public
10body, except as provided in subsection (b) of this Section,
11suit may be filed in the circuit court for the county where the
12public body is located.
13    (d) The circuit court shall have the jurisdiction to enjoin
14the public body from withholding public records and to order
15the production of any public records improperly withheld from
16the person seeking access. If the public body can show that
17exceptional circumstances exist, and that the body is
18exercising due diligence in responding to the request, the
19court may retain jurisdiction and allow the agency additional
20time to complete its review of the records.
21    (e) On motion of the plaintiff, prior to or after in camera
22inspection, the court shall order the public body to provide an
23index of the records to which access has been denied. The index
24shall include the following:
25        (i) A description of the nature or contents of each
26    document withheld, or each deletion from a released

 

 

HB5540 Engrossed- 41 -LRB099 16003 AMC 40320 b

1    document, provided, however, that the public body shall not
2    be required to disclose the information which it asserts is
3    exempt; and
4        (ii) A statement of the exemption or exemptions claimed
5    for each such deletion or withheld document.
6    (f) In any action considered by the court, the court shall
7consider the matter de novo, and shall conduct such in camera
8examination of the requested records as it finds appropriate to
9determine if such records or any part thereof may be withheld
10under any provision of this Act. The burden shall be on the
11public body to establish that its refusal to permit public
12inspection or copying is in accordance with the provisions of
13this Act. Any public body that asserts that a record is exempt
14from disclosure has the burden of proving that it is exempt by
15clear and convincing evidence.
16    (g) In the event of noncompliance with an order of the
17court to disclose, the court may enforce its order against any
18public official or employee so ordered or primarily responsible
19for such noncompliance through the court's contempt powers.
20    (h) Except as to causes the court considers to be of
21greater importance, proceedings arising under this Section
22shall take precedence on the docket over all other causes and
23be assigned for hearing and trial at the earliest practicable
24date and expedited in every way.
25    (i) If a person seeking the right to inspect or receive a
26copy of a public record prevails in a proceeding under this

 

 

HB5540 Engrossed- 42 -LRB099 16003 AMC 40320 b

1Section, the court shall award such person reasonable
2attorney's attorneys' fees and costs. In determining what
3amount of attorney's fees is reasonable, the court shall
4consider the degree to which the relief obtained relates to the
5relief sought. The changes contained in this subsection apply
6to an action filed on or after January 1, 2010 (the effective
7date of Public Act 96-542) this amendatory Act of the 96th
8General Assembly.
9    (j) If the court determines that a public body willfully
10and intentionally failed to comply with this Act, or otherwise
11acted in bad faith, the court shall also impose upon the public
12body a civil penalty of not less than $2,500 nor more than
13$5,000 for each occurrence. In assessing the civil penalty, the
14court shall consider in aggravation or mitigation the budget of
15the public body and whether the public body has previously been
16assessed penalties for violations of this Act. The changes
17contained in this subsection apply to an action filed on or
18after January 1, 2010 (the effective date of Public Act 96-542)
19this amendatory Act of the 96th General Assembly.
20(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12;
21revised 10-14-15.)
 
22    Section 25. The State Records Act is amended by changing
23Section 9 as follows:
 
24    (5 ILCS 160/9)  (from Ch. 116, par. 43.12)

 

 

HB5540 Engrossed- 43 -LRB099 16003 AMC 40320 b

1    Sec. 9. The head of each agency shall establish, and
2maintain an active, continuing program for the economical and
3efficient management of the records of the agency.
4    Such program:
5        (1) shall provide for effective controls over the
6    creation, maintenance, and use of records in the conduct of
7    current business and shall ensure that agency electronic
8    records, as specified in Section 5-135 of the Electronic
9    Commerce Security Act, are retained in a trustworthy manner
10    so that the records, and the information contained in the
11    records, are accessible and usable for reference for the
12    duration of the retention period; all computer tape or disk
13    maintenance and preservation procedures must be fully
14    applied and, if equipment or programs providing access to
15    the records are updated or replaced, the existing data must
16    remain accessible in the successor format for the duration
17    of the approved retention period;
18        (2) shall provide for cooperation with the Secretary in
19    appointing a records officer and in applying standards,
20    procedures, and techniques to improve the management of
21    records, promote the maintenance and security of records
22    deemed appropriate for preservation, and facilitate the
23    segregation and disposal of records of temporary value; and
24        (3) shall provide for compliance with the provisions of
25    this Act and the rules and regulations issued thereunder.
26    If an agency has delegated its authority to retain records

 

 

HB5540 Engrossed- 44 -LRB099 16003 AMC 40320 b

1to another agency, then the delegate agency shall maintain the
2same, or a more diligent, record retention methodology and
3record retention period as the original agency's program. If
4the delegate is from the legislative or judicial branch, then
5the delegate may use the same record retention methodology and
6record retention period that the delegate uses for similar
7records.
8(Source: P.A. 97-932, eff. 8-10-12; revised 10-13-15.)
 
9    Section 30. The Filing of Copies Act is amended by changing
10Section 2 as follows:
 
11    (5 ILCS 165/2)  (from Ch. 116, par. 102)
12    Sec. 2. In order to be acceptable for filing, reproduced
13copies shall conform to the following standards:
14        (a) be Be facsimiles of the official form, produced by
15    photo-offset, photoengraving, photocopying, or other
16    similar reproduction process;
17        (b) be Be on paper of substantially the same weight and
18    texture and of a quality at least as good as that used in
19    the official form;
20        (c) substantially Substantially duplicate the colors
21    of the official form;
22        (d) have Have a high degree of legibility, both as to
23    the original form and as to matter filled in; the . The
24    agency with which a report is required to be filed may

 

 

HB5540 Engrossed- 45 -LRB099 16003 AMC 40320 b

1    reject any illegible reproduction and reject any process
2    which fails to meet this standard;
3        (e) be Be on paper perforated in the same manner as the
4    official form; and
5        (f) be Be of the same size as the official form, both
6    as to the dimensions of the paper and the image produced.
7(Source: Laws 1961, p. 2551; revised 10-13-15.)
 
8    Section 35. The Intergovernmental Cooperation Act is
9amended by changing Section 3.5 as follows:
 
10    (5 ILCS 220/3.5)  (from Ch. 127, par. 743.5)
11    Sec. 3.5. Any expenditure of funds by a public agency
12organized pursuant to an intergovernmental agreement in
13accordance with the provisions of this Act and consisting of 5
14public agencies or less, except for an intergovernmental risk
15management association, self-insurance pool or
16self-administered health and accident cooperative or pool,
17shall be in accordance with the Illinois Purchasing Act if the
18State is a party to the agreement, and shall be in accordance
19with any law or ordinance applicable to the public agency with
20the largest population which is a party to the agreement if the
21State is not a party to the agreement. If the State is not a
22party to the agreement and there is no such applicable law or
23ordinance, all purchases shall be subject to the provisions of
24the Governmental Joint Purchasing Act "An Act authorizing

 

 

HB5540 Engrossed- 46 -LRB099 16003 AMC 40320 b

1certain governmental units to purchase personal property,
2supplies and services jointly", approved August 15, 1961, as
3amended. Such self-insurance or insurance pools may enter into
4reinsurance agreements for the protection of their members.
5(Source: P.A. 84-1431; revised 10-13-15.)
 
6    Section 40. The Election Code is amended by changing
7Sections 10-10, 11-6, and 19-12.1 as follows:
 
8    (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
9    Sec. 10-10. Within 24 hours after the receipt of the
10certificate of nomination or nomination papers or proposed
11question of public policy, as the case may be, and the
12objector's petition, the chairman of the electoral board other
13than the State Board of Elections shall send a call by
14registered or certified mail to each of the members of the
15electoral board, and to the objector who filed the objector's
16petition, and either to the candidate whose certificate of
17nomination or nomination papers are objected to or to the
18principal proponent or attorney for proponents of a question of
19public policy, as the case may be, whose petitions are objected
20to, and shall also cause the sheriff of the county or counties
21in which such officers and persons reside to serve a copy of
22such call upon each of such officers and persons, which call
23shall set out the fact that the electoral board is required to
24meet to hear and pass upon the objections to nominations made

 

 

HB5540 Engrossed- 47 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 48 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 49 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 50 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 51 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 52 -LRB099 16003 AMC 40320 b

1(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78,
2eff. 7-20-15; revised 10-14-15.)
 
3    (10 ILCS 5/11-6)  (from Ch. 46, par. 11-6)
4    Sec. 11-6. Within 60 days after July 1, 2014 (the effective
5date of Public Act 98-691) this amendatory Act of the 98th
6General Assembly, each election authority shall transmit to the
7principal office of the State Board of Elections and publish on
8any website maintained by the election authority maps in
9electronic portable document format (PDF) (.PDF) showing the
10current boundaries of all the precincts within its
11jurisdiction. Whenever election precincts in an election
12jurisdiction have been redivided or readjusted, the county
13board or board of election commissioners shall prepare maps in
14electronic portable document format (PDF) (.PDF) showing such
15election precinct boundaries no later than 90 days before the
16next scheduled election. The maps shall show the boundaries of
17all political subdivisions and districts. The county board or
18board of election commissioners shall immediately forward
19copies thereof to the chairman of each county central committee
20in the county, to each township, ward, or precinct
21committeeman, and each local election official whose political
22subdivision is wholly or partly in the county and, upon
23request, shall furnish copies thereof to each candidate for
24political or public office in the county and shall transmit
25copies thereof to the principal office of the State Board of

 

 

HB5540 Engrossed- 53 -LRB099 16003 AMC 40320 b

1Elections and publish copies thereof on any website maintained
2by the election authority.
3(Source: P.A. 98-691, eff. 7-1-14; revised 10-14-15.)
 
4    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
5    Sec. 19-12.1. Any qualified elector who has secured an
6Illinois Person with a Disability Identification Card in
7accordance with the Illinois Identification Card Act,
8indicating that the person named thereon has a Class 1A or
9Class 2 disability or any qualified voter who has a permanent
10physical incapacity of such a nature as to make it improbable
11that he will be able to be present at the polls at any future
12election, or any voter who is a resident of (i) a federally
13operated veterans' home, hospital, or facility located in
14Illinois or (ii) a facility licensed or certified pursuant to
15the Nursing Home Care Act, the Specialized Mental Health
16Rehabilitation Act of 2013, the ID/DD Community Care Act, or
17the MC/DD Act and has a condition or disability of such a
18nature as to make it improbable that he will be able to be
19present at the polls at any future election, may secure a
20voter's identification card for persons with disabilities or a
21nursing home resident's identification card, which will enable
22him to vote under this Article as a physically incapacitated or
23nursing home voter. For the purposes of this Section,
24"federally operated veterans' home, hospital, or facility"
25means the long-term care facilities at the Jesse Brown VA

 

 

HB5540 Engrossed- 54 -LRB099 16003 AMC 40320 b

1Medical Center, Illiana Health Care System, Edward Hines, Jr.
2VA Hospital, Marion VA Medical Center, and Captain James A.
3Lovell Federal Health Care Center.
4    Application for a voter's identification card for persons
5with disabilities or a nursing home resident's identification
6card shall be made either: (a) in writing, with voter's sworn
7affidavit, to the county clerk or board of election
8commissioners, as the case may be, and shall be accompanied by
9the affidavit of the attending physician specifically
10describing the nature of the physical incapacity or the fact
11that the voter is a nursing home resident and is physically
12unable to be present at the polls on election days; or (b) by
13presenting, in writing or otherwise, to the county clerk or
14board of election commissioners, as the case may be, proof that
15the applicant has secured an Illinois Person with a Disability
16Identification Card indicating that the person named thereon
17has a Class 1A or Class 2 disability. Upon the receipt of
18either the sworn-to application and the physician's affidavit
19or proof that the applicant has secured an Illinois Person with
20a Disability Identification Card indicating that the person
21named thereon has a Class 1A or Class 2 disability, the county
22clerk or board of election commissioners shall issue a voter's
23identification card for persons with disabilities or a nursing
24home resident's identification card. Such identification cards
25shall be issued for a period of 5 years, upon the expiration of
26which time the voter may secure a new card by making

 

 

HB5540 Engrossed- 55 -LRB099 16003 AMC 40320 b

1application in the same manner as is prescribed for the
2issuance of an original card, accompanied by a new affidavit of
3the attending physician. The date of expiration of such
4five-year period shall be made known to any interested person
5by the election authority upon the request of such person.
6Applications for the renewal of the identification cards shall
7be mailed to the voters holding such cards not less than 3
8months prior to the date of expiration of the cards.
9    Each voter's identification card for persons with
10disabilities or nursing home resident's identification card
11shall bear an identification number, which shall be clearly
12noted on the voter's original and duplicate registration record
13cards. In the event the holder becomes physically capable of
14resuming normal voting, he must surrender his voter's
15identification card for persons with disabilities or nursing
16home resident's identification card to the county clerk or
17board of election commissioners before the next election.
18    The holder of a voter's identification card for persons
19with disabilities or a nursing home resident's identification
20card may make application by mail for an official ballot within
21the time prescribed by Section 19-2. Such application shall
22contain the same information as is included in the form of
23application for ballot by a physically incapacitated elector
24prescribed in Section 19-3 except that it shall also include
25the applicant's voter's identification card for persons with
26disabilities card number and except that it need not be sworn

 

 

HB5540 Engrossed- 56 -LRB099 16003 AMC 40320 b

1to. If an examination of the records discloses that the
2applicant is lawfully entitled to vote, he shall be mailed a
3ballot as provided in Section 19-4. The ballot envelope shall
4be the same as that prescribed in Section 19-5 for voters with
5physical disabilities, and the manner of voting and returning
6the ballot shall be the same as that provided in this Article
7for other vote by mail ballots, except that a statement to be
8subscribed to by the voter but which need not be sworn to shall
9be placed on the ballot envelope in lieu of the affidavit
10prescribed by Section 19-5.
11    Any person who knowingly subscribes to a false statement in
12connection with voting under this Section shall be guilty of a
13Class A misdemeanor.
14    For the purposes of this Section, "nursing home resident"
15includes a resident of (i) a federally operated veterans' home,
16hospital, or facility located in Illinois or (ii) a facility
17licensed under the ID/DD Community Care Act, the MC/DD Act, or
18the Specialized Mental Health Rehabilitation Act of 2013. For
19the purposes of this Section, "federally operated veterans'
20home, hospital, or facility" means the long-term care
21facilities at the Jesse Brown VA Medical Center, Illiana Health
22Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
23Center, and Captain James A. Lovell Federal Health Care Center.
24(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
2599-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
 

 

 

HB5540 Engrossed- 57 -LRB099 16003 AMC 40320 b

1    Section 45. The Secretary of State Merit Employment Code is
2amended by changing Section 10a as follows:
 
3    (15 ILCS 310/10a)  (from Ch. 124, par. 110a)
4    Sec. 10a. Jurisdiction A - classification and pay. For
5positions in the Office of the Secretary of State with respect
6to the classification and pay:
7        (1) For the preparation, maintenance, and revision by
8    the Director, subject to approval by the Commission, of a
9    position classification plan for all positions subject to
10    this Act, based upon similarity of duties performed,
11    responsibilities assigned, and conditions of employment so
12    that the same schedule of pay may be equitably applied to
13    all positions in the same class. Unless the Commission
14    disapproves such classification plan or any revision
15    thereof within 30 calendar days, the Director shall
16    allocate every such position to one of the classes in the
17    plan. Any employee affected by the allocation of a position
18    to a class shall after filing with the Director of
19    Personnel within 30 calendar days of the allocation a
20    request for reconsideration thereof in such manner and form
21    as the Director may prescribe, be given a reasonable
22    opportunity to be heard by the Director. If the employee
23    does not accept the decision of the Director he may, within
24    15 calendar days after receipt of the reconsidered
25    decision, appeal to the Merit Commission.

 

 

HB5540 Engrossed- 58 -LRB099 16003 AMC 40320 b

1        (2) For a pay plan to be prepared by the Director for
2    all employees subject to this Act. Such pay plan may
3    include provisions for uniformity of starting pay, an
4    increment plan, area differentials, a delay not to exceed
5    one year in the reduction of the pay of employees whose
6    positions are reduced in rank or grade by reallocation
7    because of a loss of duties or responsibilities after their
8    appointments to such positions, prevailing rates of wages
9    in those classifications in which employers are now paying
10    or may hereafter pay such rates of wage and other
11    provisions. Such pay plan shall become effective only after
12    it has been approved by the Secretary of State. Amendments
13    to the pay plan will be made in the same manner. Such pay
14    plan shall provide that each employee shall be paid at one
15    of the rates set forth in the pay plan for the class of
16    position in which he is employed. Such pay plan shall
17    provide for a fair and reasonable compensation for far
18    services rendered.
19(Source: P.A. 80-13; revised 10-13-15.)
 
20    Section 50. The Illinois Identification Card Act is amended
21by changing Sections 2, 4, and 14C as follows:
 
22    (15 ILCS 335/2)  (from Ch. 124, par. 22)
23    Sec. 2. Administration and powers and duties of the
24Administrator.

 

 

HB5540 Engrossed- 59 -LRB099 16003 AMC 40320 b

1    (a) The Secretary of State is the Administrator of this
2Act, and he is charged with the duty of observing,
3administering and enforcing the provisions of this Act.
4    (b) The Secretary is vested with the powers and duties for
5the proper administration of this Act as follows:
6        1. He shall organize the administration of this Act as
7    he may deem necessary and appoint such subordinate
8    officers, clerks and other employees as may be necessary.
9        2. From time to time, he may make, amend or rescind
10    rules and regulations as may be in the public interest to
11    implement the Act.
12        3. He may prescribe or provide suitable forms as
13    necessary, including such forms as are necessary to
14    establish that an applicant for an Illinois Person with a
15    Disability Identification Card is a "person with a
16    disability" as defined in Section 4A of this Act, and
17    establish that an applicant for a State identification card
18    is a "homeless person" as defined in Section 1A of this
19    Act.
20        4. He may prepare under the seal of the Secretary of
21    State certified copies of any records utilized under this
22    Act and any such certified copy shall be admissible in any
23    proceeding in any court in like manner as the original
24    thereof.
25        5. Records compiled under this Act shall be maintained
26    for 6 years, but the Secretary may destroy such records

 

 

HB5540 Engrossed- 60 -LRB099 16003 AMC 40320 b

1    with the prior approval of the State Records Commission.
2        6. He shall examine and determine the genuineness,
3    regularity and legality of every application filed with him
4    under this Act, and he may in all cases investigate the
5    same, require additional information or proof or
6    documentation from any applicant.
7        7. He shall require the payment of all fees prescribed
8    in this Act, and all such fees received by him shall be
9    placed in the Road Fund of the State treasury except as
10    otherwise provided in Section 12 of this Act. Whenever any
11    application to the Secretary for an identification card
12    under this Act is accompanied by any fee, as required by
13    law, and the application is denied after a review of
14    eligibility, which may include facial recognition
15    comparison, the applicant shall not be entitled to a refund
16    of any fees paid.
17(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
18revised 10-14-15.)
 
19    (15 ILCS 335/4)  (from Ch. 124, par. 24)
20    Sec. 4. Identification Card.
21    (a) The Secretary of State shall issue a standard Illinois
22Identification Card to any natural person who is a resident of
23the State of Illinois who applies for such card, or renewal
24thereof, or who applies for a standard Illinois Identification
25Card upon release as a committed person on parole, mandatory

 

 

HB5540 Engrossed- 61 -LRB099 16003 AMC 40320 b

1supervised release, aftercare release, final discharge, or
2pardon from the Department of Corrections or Department of
3Juvenile Justice by submitting an identification card issued by
4the Department of Corrections or Department of Juvenile Justice
5under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
6Corrections, together with the prescribed fees. No
7identification card shall be issued to any person who holds a
8valid foreign state identification card, license, or permit
9unless the person first surrenders to the Secretary of State
10the valid foreign state identification card, license, or
11permit. The card shall be prepared and supplied by the
12Secretary of State and shall include a photograph and signature
13or mark of the applicant. However, the Secretary of State may
14provide by rule for the issuance of Illinois Identification
15Cards without photographs if the applicant has a bona fide
16religious objection to being photographed or to the display of
17his or her photograph. The Illinois Identification Card may be
18used for identification purposes in any lawful situation only
19by the person to whom it was issued. As used in this Act,
20"photograph" means any color photograph or digitally produced
21and captured image of an applicant for an identification card.
22As used in this Act, "signature" means the name of a person as
23written by that person and captured in a manner acceptable to
24the Secretary of State.
25    (a-5) If an applicant for an identification card has a
26current driver's license or instruction permit issued by the

 

 

HB5540 Engrossed- 62 -LRB099 16003 AMC 40320 b

1Secretary of State, the Secretary may require the applicant to
2utilize the same residence address and name on the
3identification card, driver's license, and instruction permit
4records maintained by the Secretary. The Secretary may
5promulgate rules to implement this provision.
6    (a-10) If the applicant is a judicial officer as defined in
7Section 1-10 of the Judicial Privacy Act or a peace officer,
8the applicant may elect to have his or her office or work
9address listed on the card instead of the applicant's residence
10or mailing address. The Secretary may promulgate rules to
11implement this provision. For the purposes of this subsection
12(a-10), "peace officer" means any person who by virtue of his
13or her office or public employment is vested by law with a duty
14to maintain public order or to make arrests for a violation of
15any penal statute of this State, whether that duty extends to
16all violations or is limited to specific violations.
17    (a-15) The Secretary of State may provide for an expedited
18process for the issuance of an Illinois Identification Card.
19The Secretary shall charge an additional fee for the expedited
20issuance of an Illinois Identification Card, to be set by rule,
21not to exceed $75. All fees collected by the Secretary for
22expedited Illinois Identification Card service shall be
23deposited into the Secretary of State Special Services Fund.
24The Secretary may adopt rules regarding the eligibility,
25process, and fee for an expedited Illinois Identification Card.
26If the Secretary of State determines that the volume of

 

 

HB5540 Engrossed- 63 -LRB099 16003 AMC 40320 b

1expedited identification card requests received on a given day
2exceeds the ability of the Secretary to process those requests
3in an expedited manner, the Secretary may decline to provide
4expedited services, and the additional fee for the expedited
5service shall be refunded to the applicant.
6    (b) The Secretary of State shall issue a special Illinois
7Identification Card, which shall be known as an Illinois Person
8with a Disability Identification Card, to any natural person
9who is a resident of the State of Illinois, who is a person
10with a disability as defined in Section 4A of this Act, who
11applies for such card, or renewal thereof. No Illinois Person
12with a Disability Identification Card shall be issued to any
13person who holds a valid foreign state identification card,
14license, or permit unless the person first surrenders to the
15Secretary of State the valid foreign state identification card,
16license, or permit. The Secretary of State shall charge no fee
17to issue such card. The card shall be prepared and supplied by
18the Secretary of State, and shall include a photograph and
19signature or mark of the applicant, a designation indicating
20that the card is an Illinois Person with a Disability
21Identification Card, and shall include a comprehensible
22designation of the type and classification of the applicant's
23disability as set out in Section 4A of this Act. However, the
24Secretary of State may provide by rule for the issuance of
25Illinois Person with a Disability Identification Cards without
26photographs if the applicant has a bona fide religious

 

 

HB5540 Engrossed- 64 -LRB099 16003 AMC 40320 b

1objection to being photographed or to the display of his or her
2photograph. If the applicant so requests, the card shall
3include a description of the applicant's disability and any
4information about the applicant's disability or medical
5history which the Secretary determines would be helpful to the
6applicant in securing emergency medical care. If a mark is used
7in lieu of a signature, such mark shall be affixed to the card
8in the presence of two witnesses who attest to the authenticity
9of the mark. The Illinois Person with a Disability
10Identification Card may be used for identification purposes in
11any lawful situation by the person to whom it was issued.
12    The Illinois Person with a Disability Identification Card
13may be used as adequate documentation of disability in lieu of
14a physician's determination of disability, a determination of
15disability from a physician assistant, a determination of
16disability from an advanced practice nurse, or any other
17documentation of disability whenever any State law requires
18that a person with a disability provide such documentation of
19disability, however an Illinois Person with a Disability
20Identification Card shall not qualify the cardholder to
21participate in any program or to receive any benefit which is
22not available to all persons with like disabilities.
23Notwithstanding any other provisions of law, an Illinois Person
24with a Disability Identification Card, or evidence that the
25Secretary of State has issued an Illinois Person with a
26Disability Identification Card, shall not be used by any person

 

 

HB5540 Engrossed- 65 -LRB099 16003 AMC 40320 b

1other than the person named on such card to prove that the
2person named on such card is a person with a disability or for
3any other purpose unless the card is used for the benefit of
4the person named on such card, and the person named on such
5card consents to such use at the time the card is so used.
6    An optometrist's determination of a visual disability
7under Section 4A of this Act is acceptable as documentation for
8the purpose of issuing an Illinois Person with a Disability
9Identification Card.
10    When medical information is contained on an Illinois Person
11with a Disability Identification Card, the Office of the
12Secretary of State shall not be liable for any actions taken
13based upon that medical information.
14    (c) The Secretary of State shall provide that each original
15or renewal Illinois Identification Card or Illinois Person with
16a Disability Identification Card issued to a person under the
17age of 21 shall be of a distinct nature from those Illinois
18Identification Cards or Illinois Person with a Disability
19Identification Cards issued to individuals 21 years of age or
20older. The color designated for Illinois Identification Cards
21or Illinois Person with a Disability Identification Cards for
22persons under the age of 21 shall be at the discretion of the
23Secretary of State.
24    (c-1) Each original or renewal Illinois Identification
25Card or Illinois Person with a Disability Identification Card
26issued to a person under the age of 21 shall display the date

 

 

HB5540 Engrossed- 66 -LRB099 16003 AMC 40320 b

1upon which the person becomes 18 years of age and the date upon
2which the person becomes 21 years of age.
3    (c-3) The General Assembly recognizes the need to identify
4military veterans living in this State for the purpose of
5ensuring that they receive all of the services and benefits to
6which they are legally entitled, including healthcare,
7education assistance, and job placement. To assist the State in
8identifying these veterans and delivering these vital services
9and benefits, the Secretary of State is authorized to issue
10Illinois Identification Cards and Illinois Person with a
11Disability Identification Cards with the word "veteran"
12appearing on the face of the cards. This authorization is
13predicated on the unique status of veterans. The Secretary may
14not issue any other identification card which identifies an
15occupation, status, affiliation, hobby, or other unique
16characteristics of the identification card holder which is
17unrelated to the purpose of the identification card.
18    (c-5) Beginning on or before July 1, 2015, the Secretary of
19State shall designate a space on each original or renewal
20identification card where, at the request of the applicant, the
21word "veteran" shall be placed. The veteran designation shall
22be available to a person identified as a veteran under
23subsection (b) of Section 5 of this Act who was discharged or
24separated under honorable conditions.
25    (d) The Secretary of State may issue a Senior Citizen
26discount card, to any natural person who is a resident of the

 

 

HB5540 Engrossed- 67 -LRB099 16003 AMC 40320 b

1State of Illinois who is 60 years of age or older and who
2applies for such a card or renewal thereof. The Secretary of
3State shall charge no fee to issue such card. The card shall be
4issued in every county and applications shall be made available
5at, but not limited to, nutrition sites, senior citizen centers
6and Area Agencies on Aging. The applicant, upon receipt of such
7card and prior to its use for any purpose, shall have affixed
8thereon in the space provided therefor his signature or mark.
9    (e) The Secretary of State, in his or her discretion, may
10designate on each Illinois Identification Card or Illinois
11Person with a Disability Identification Card a space where the
12card holder may place a sticker or decal, issued by the
13Secretary of State, of uniform size as the Secretary may
14specify, that shall indicate in appropriate language that the
15card holder has renewed his or her Illinois Identification Card
16or Illinois Person with a Disability Identification Card.
17(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
1898-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
197-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
2010-14-15.)
 
21    (15 ILCS 335/14C)  (from Ch. 124, par. 34C)
22    Sec. 14C. Making false application or affidavit.
23    (a) It is a violation of this Section for any person:
24        1. To display or present any document for the purpose
25    of making application for an Illinois Identification Card

 

 

HB5540 Engrossed- 68 -LRB099 16003 AMC 40320 b

1    or Illinois Person with a Disability Identification Card
2    knowing that such document contains false information
3    concerning the identity of the applicant;
4        2. To accept or allow to be accepted any document
5    displayed or presented for the purpose of making
6    application for an Illinois Identification Card or
7    Illinois Person with a Disability Identification Card
8    knowing that such document contains false information
9    concerning the identity identify of the applicant;
10        3. To knowingly make any false affidavit or swear or
11    affirm falsely to any matter or thing required by the terms
12    of this Act to be sworn to or affirmed.
13    (b) Sentence.
14        1. Any person convicted of a violation of this Section
15    shall be guilty of a Class 4 felony.
16        2. A person convicted of a second or subsequent
17    violation of this Section shall be guilty of a Class 3
18    felony.
19    (c) This Section does not prohibit any lawfully authorized
20investigative, protective, law enforcement or other activity
21of any agency of the United States, State of Illinois or any
22other state or political subdivision thereof.
23    (d) The Secretary of State may confiscate any suspected
24fraudulent, fictitious, or altered documents submitted by an
25applicant in support of an application for an Illinois
26Identification Card or Illinois Person with a Disability

 

 

HB5540 Engrossed- 69 -LRB099 16003 AMC 40320 b

1Identification Card.
2(Source: P.A. 97-1064, eff. 1-1-13; revised 10-13-15.)
 
3    Section 55. The Alcoholism and Other Drug Abuse and
4Dependency Act is amended by changing Section 5-23 as follows:
 
5    (20 ILCS 301/5-23)
6    Sec. 5-23. Drug Overdose Prevention Program.
7    (a) Reports of drug overdose.
8        (1) The Director of the Division of Alcoholism and
9    Substance Abuse shall publish annually a report on drug
10    overdose trends statewide that reviews State death rates
11    from available data to ascertain changes in the causes or
12    rates of fatal and nonfatal drug overdose. The report shall
13    also provide information on interventions that would be
14    effective in reducing the rate of fatal or nonfatal drug
15    overdose and shall include an analysis of drug overdose
16    information reported to the Department of Public Health
17    pursuant to subsection (e) of Section 3-3013 of the
18    Counties Code, Section 6.14g of the Hospital Licensing Act,
19    and subsection (j) of Section 22-30 of the School Code.
20        (2) The report may include:
21            (A) Trends in drug overdose death rates.
22            (B) Trends in emergency room utilization related
23        to drug overdose and the cost impact of emergency room
24        utilization.

 

 

HB5540 Engrossed- 70 -LRB099 16003 AMC 40320 b

1            (C) Trends in utilization of pre-hospital and
2        emergency services and the cost impact of emergency
3        services utilization.
4            (D) Suggested improvements in data collection.
5            (E) A description of other interventions effective
6        in reducing the rate of fatal or nonfatal drug
7        overdose.
8            (F) A description of efforts undertaken to educate
9        the public about unused medication and about how to
10        properly dispose of unused medication, including the
11        number of registered collection receptacles in this
12        State, mail-back programs, and drug take-back events.
13    (b) Programs; drug overdose prevention.
14        (1) The Director may establish a program to provide for
15    the production and publication, in electronic and other
16    formats, of drug overdose prevention, recognition, and
17    response literature. The Director may develop and
18    disseminate curricula for use by professionals,
19    organizations, individuals, or committees interested in
20    the prevention of fatal and nonfatal drug overdose,
21    including, but not limited to, drug users, jail and prison
22    personnel, jail and prison inmates, drug treatment
23    professionals, emergency medical personnel, hospital
24    staff, families and associates of drug users, peace
25    officers, firefighters, public safety officers, needle
26    exchange program staff, and other persons. In addition to

 

 

HB5540 Engrossed- 71 -LRB099 16003 AMC 40320 b

1    information regarding drug overdose prevention,
2    recognition, and response, literature produced by the
3    Department shall stress that drug use remains illegal and
4    highly dangerous and that complete abstinence from illegal
5    drug use is the healthiest choice. The literature shall
6    provide information and resources for substance abuse
7    treatment.
8        The Director may establish or authorize programs for
9    prescribing, dispensing, or distributing opioid
10    antagonists for the treatment of drug overdose. Such
11    programs may include the prescribing of opioid antagonists
12    for the treatment of drug overdose to a person who is not
13    at risk of opioid overdose but who, in the judgment of the
14    health care professional, may be in a position to assist
15    another individual during an opioid-related drug overdose
16    and who has received basic instruction on how to administer
17    an opioid antagonist.
18        (2) The Director may provide advice to State and local
19    officials on the growing drug overdose crisis, including
20    the prevalence of drug overdose incidents, programs
21    promoting the disposal of unused prescription drugs,
22    trends in drug overdose incidents, and solutions to the
23    drug overdose crisis.
24    (c) Grants.
25        (1) The Director may award grants, in accordance with
26    this subsection, to create or support local drug overdose

 

 

HB5540 Engrossed- 72 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 73 -LRB099 16003 AMC 40320 b

1            (C) Drug overdose recognition and response
2        training, including rescue breathing, in drug
3        treatment centers and for other organizations that
4        work with, or have access to, drug users and their
5        families and communities.
6            (D) The production and distribution of targeted or
7        mass media materials on drug overdose prevention and
8        response, the potential dangers of keeping unused
9        prescription drugs in the home, and methods to properly
10        dispose of unused prescription drugs.
11            (E) Prescription and distribution of opioid
12        antagonists.
13            (F) The institution of education and training
14        projects on drug overdose response and treatment for
15        emergency services and law enforcement personnel.
16            (G) A system of parent, family, and survivor
17        education and mutual support groups.
18        (4) In addition to moneys appropriated by the General
19    Assembly, the Director may seek grants from private
20    foundations, the federal government, and other sources to
21    fund the grants under this Section and to fund an
22    evaluation of the programs supported by the grants.
23    (d) Health care professional prescription of opioid
24antagonists.
25        (1) A health care professional who, acting in good
26    faith, directly or by standing order, prescribes or

 

 

HB5540 Engrossed- 74 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 75 -LRB099 16003 AMC 40320 b

1    subject to any criminal prosecution or civil liability,
2    except for willful and wanton misconduct.
3        (3) A health care professional prescribing an opioid
4    antagonist to a patient shall ensure that the patient
5    receives the patient information specified in paragraph
6    (4) of this subsection. Patient information may be provided
7    by the health care professional or a community-based
8    organization, substance abuse program, or other
9    organization with which the health care professional
10    establishes a written agreement that includes a
11    description of how the organization will provide patient
12    information, how employees or volunteers providing
13    information will be trained, and standards for documenting
14    the provision of patient information to patients.
15    Provision of patient information shall be documented in the
16    patient's medical record or through similar means as
17    determined by agreement between the health care
18    professional and the organization. The Director of the
19    Division of Alcoholism and Substance Abuse, in
20    consultation with statewide organizations representing
21    physicians, pharmacists, advanced practice nurses,
22    physician assistants, substance abuse programs, and other
23    interested groups, shall develop and disseminate to health
24    care professionals, community-based organizations,
25    substance abuse programs, and other organizations training
26    materials in video, electronic, or other formats to

 

 

HB5540 Engrossed- 76 -LRB099 16003 AMC 40320 b

1    facilitate the provision of such patient information.
2        (4) For the purposes of this subsection:
3        "Opioid antagonist" means a drug that binds to opioid
4    receptors and blocks or inhibits the effect of opioids
5    acting on those receptors, including, but not limited to,
6    naloxone hydrochloride or any other similarly acting drug
7    approved by the U.S. Food and Drug Administration.
8        "Health care professional" means a physician licensed
9    to practice medicine in all its branches, a licensed
10    physician assistant prescriptive authority, a licensed
11    advanced practice nurse prescriptive authority, or an
12    advanced practice nurse or physician assistant who
13    practices in a hospital, hospital affiliate, or ambulatory
14    surgical treatment center and possesses appropriate
15    clinical privileges in accordance with the Nurse Practice
16    Act, or a pharmacist licensed to practice pharmacy under
17    the Pharmacy Practice Act.
18        "Patient" includes a person who is not at risk of
19    opioid overdose but who, in the judgment of the physician,
20    may be in a position to assist another individual during an
21    overdose and who has received patient information as
22    required in paragraph (2) of this subsection on the
23    indications for and administration of an opioid
24    antagonist.
25        "Patient information" includes information provided to
26    the patient on drug overdose prevention and recognition;

 

 

HB5540 Engrossed- 77 -LRB099 16003 AMC 40320 b

1    how to perform rescue breathing and resuscitation; opioid
2    antagonist dosage and administration; the importance of
3    calling 911; care for the overdose victim after
4    administration of the overdose antagonist; and other
5    issues as necessary.
6    (e) Drug overdose response policy.
7        (1) Every State and local government agency that
8    employs a law enforcement officer or fireman as those terms
9    are defined in the Line of Duty Compensation Act must
10    possess opioid antagonists and must establish a policy to
11    control the acquisition, storage, transportation, and
12    administration of such opioid antagonists and to provide
13    training in the administration of opioid antagonists. A
14    State or local government agency that employs a fireman as
15    defined in the Line of Duty Compensation Act but does not
16    respond to emergency medical calls or provide medical
17    services shall be exempt from this subsection.
18        (2) Every publicly or privately owned ambulance,
19    special emergency medical services vehicle, non-transport
20    vehicle, or ambulance assist vehicle, as described in the
21    Emergency Medical Services (EMS) Systems Act, which
22    responds to requests for emergency services or transports
23    patients between hospitals in emergency situations must
24    possess opioid antagonists.
25        (3) Entities that are required under paragraphs (1) and
26    (2) to possess opioid antagonists may also apply to the

 

 

HB5540 Engrossed- 78 -LRB099 16003 AMC 40320 b

1    Department for a grant to fund the acquisition of opioid
2    antagonists and training programs on the administration of
3    opioid antagonists.
4(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
5revised 10-19-15.)
 
6    Section 60. The Children and Family Services Act is amended
7by changing Section 7 as follows:
 
8    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
9    Sec. 7. Placement of children; considerations.
10    (a) In placing any child under this Act, the Department
11shall place the child, as far as possible, in the care and
12custody of some individual holding the same religious belief as
13the parents of the child, or with some child care facility
14which is operated by persons of like religious faith as the
15parents of such child.
16    (a-5) In placing a child under this Act, the Department
17shall place the child with the child's sibling or siblings
18under Section 7.4 of this Act unless the placement is not in
19each child's best interest, or is otherwise not possible under
20the Department's rules. If the child is not placed with a
21sibling under the Department's rules, the Department shall
22consider placements that are likely to develop, preserve,
23nurture, and support sibling relationships, where doing so is
24in each child's best interest.

 

 

HB5540 Engrossed- 79 -LRB099 16003 AMC 40320 b

1    (b) In placing a child under this Act, the Department may
2place a child with a relative if the Department determines that
3the relative will be able to adequately provide for the child's
4safety and welfare based on the factors set forth in the
5Department's rules governing relative placements, and that the
6placement is consistent with the child's best interests, taking
7into consideration the factors set out in subsection (4.05) of
8Section 1-3 of the Juvenile Court Act of 1987.
9    When the Department first assumes custody of a child, in
10placing that child under this Act, the Department shall make
11reasonable efforts to identify, locate, and provide notice to
12all adult grandparents and other adult relatives of the child
13who are ready, willing, and able to care for the child. At a
14minimum, these efforts shall be renewed each time the child
15requires a placement change and it is appropriate for the child
16to be cared for in a home environment. The Department must
17document its efforts to identify, locate, and provide notice to
18such potential relative placements and maintain the
19documentation in the child's case file.
20    If the Department determines that a placement with any
21identified relative is not in the child's best interests or
22that the relative does not meet the requirements to be a
23relative caregiver, as set forth in Department rules or by
24statute, the Department must document the basis for that
25decision and maintain the documentation in the child's case
26file.

 

 

HB5540 Engrossed- 80 -LRB099 16003 AMC 40320 b

1    If, pursuant to the Department's rules, any person files an
2administrative appeal of the Department's decision not to place
3a child with a relative, it is the Department's burden to prove
4that the decision is consistent with the child's best
5interests.
6    When the Department determines that the child requires
7placement in an environment, other than a home environment, the
8Department shall continue to make reasonable efforts to
9identify and locate relatives to serve as visitation resources
10for the child and potential future placement resources, except
11when the Department determines that those efforts would be
12futile or inconsistent with the child's best interests.
13    If the Department determines that efforts to identify and
14locate relatives would be futile or inconsistent with the
15child's best interests, the Department shall document the basis
16of its determination and maintain the documentation in the
17child's case file.
18    If the Department determines that an individual or a group
19of relatives are inappropriate to serve as visitation resources
20or possible placement resources, the Department shall document
21the basis of its determination and maintain the documentation
22in the child's case file.
23    When the Department determines that an individual or a
24group of relatives are appropriate to serve as visitation
25resources or possible future placement resources, the
26Department shall document the basis of its determination,

 

 

HB5540 Engrossed- 81 -LRB099 16003 AMC 40320 b

1maintain the documentation in the child's case file, create a
2visitation or transition plan, or both, and incorporate the
3visitation or transition plan, or both, into the child's case
4plan. For the purpose of this subsection, any determination as
5to the child's best interests shall include consideration of
6the factors set out in subsection (4.05) of Section 1-3 of the
7Juvenile Court Act of 1987.
8    The Department may not place a child with a relative, with
9the exception of certain circumstances which may be waived as
10defined by the Department in rules, if the results of a check
11of the Law Enforcement Agencies Data System (LEADS) identifies
12a prior criminal conviction of the relative or any adult member
13of the relative's household for any of the following offenses
14under the Criminal Code of 1961 or the Criminal Code of 2012:
15        (1) murder;
16        (1.1) solicitation of murder;
17        (1.2) solicitation of murder for hire;
18        (1.3) intentional homicide of an unborn child;
19        (1.4) voluntary manslaughter of an unborn child;
20        (1.5) involuntary manslaughter;
21        (1.6) reckless homicide;
22        (1.7) concealment of a homicidal death;
23        (1.8) involuntary manslaughter of an unborn child;
24        (1.9) reckless homicide of an unborn child;
25        (1.10) drug-induced homicide;
26        (2) a sex offense under Article 11, except offenses

 

 

HB5540 Engrossed- 82 -LRB099 16003 AMC 40320 b

1    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
2    11-40, and 11-45;
3        (3) kidnapping;
4        (3.1) aggravated unlawful restraint;
5        (3.2) forcible detention;
6        (3.3) aiding and abetting child abduction;
7        (4) aggravated kidnapping;
8        (5) child abduction;
9        (6) aggravated battery of a child as described in
10    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11        (7) criminal sexual assault;
12        (8) aggravated criminal sexual assault;
13        (8.1) predatory criminal sexual assault of a child;
14        (9) criminal sexual abuse;
15        (10) aggravated sexual abuse;
16        (11) heinous battery as described in Section 12-4.1 or
17    subdivision (a)(2) of Section 12-3.05;
18        (12) aggravated battery with a firearm as described in
19    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
20    (e)(4) of Section 12-3.05;
21        (13) tampering with food, drugs, or cosmetics;
22        (14) drug-induced infliction of great bodily harm as
23    described in Section 12-4.7 or subdivision (g)(1) of
24    Section 12-3.05;
25        (15) aggravated stalking;
26        (16) home invasion;

 

 

HB5540 Engrossed- 83 -LRB099 16003 AMC 40320 b

1        (17) vehicular invasion;
2        (18) criminal transmission of HIV;
3        (19) criminal abuse or neglect of an elderly person or
4    person with a disability as described in Section 12-21 or
5    subsection (b) of Section 12-4.4a;
6        (20) child abandonment;
7        (21) endangering the life or health of a child;
8        (22) ritual mutilation;
9        (23) ritualized abuse of a child;
10        (24) an offense in any other state the elements of
11    which are similar and bear a substantial relationship to
12    any of the foregoing offenses.
13    For the purpose of this subsection, "relative" shall
14include any person, 21 years of age or over, other than the
15parent, who (i) is currently related to the child in any of the
16following ways by blood or adoption: grandparent, sibling,
17great-grandparent, uncle, aunt, nephew, niece, first cousin,
18second cousin, godparent, great-uncle, or great-aunt; or (ii)
19is the spouse of such a relative; or (iii) is the child's
20step-father, step-mother, or adult step-brother or
21step-sister; or (iv) is a fictive kin; "relative" also includes
22a person related in any of the foregoing ways to a sibling of a
23child, even though the person is not related to the child, when
24the child and its sibling are placed together with that person.
25For children who have been in the guardianship of the
26Department, have been adopted, and are subsequently returned to

 

 

HB5540 Engrossed- 84 -LRB099 16003 AMC 40320 b

1the temporary custody or guardianship of the Department, a
2"relative" may also include any person who would have qualified
3as a relative under this paragraph prior to the adoption, but
4only if the Department determines, and documents, that it would
5be in the child's best interests to consider this person a
6relative, based upon the factors for determining best interests
7set forth in subsection (4.05) of Section 1-3 of the Juvenile
8Court Act of 1987. A relative with whom a child is placed
9pursuant to this subsection may, but is not required to, apply
10for licensure as a foster family home pursuant to the Child
11Care Act of 1969; provided, however, that as of July 1, 1995,
12foster care payments shall be made only to licensed foster
13family homes pursuant to the terms of Section 5 of this Act.
14    Notwithstanding any other provision under this subsection
15to the contrary, a fictive kin with whom a child is placed
16pursuant to this subsection shall apply for licensure as a
17foster family home pursuant to the Child Care Act of 1969
18within 6 months of the child's placement with the fictive kin.
19The Department shall not remove a child from the home of a
20fictive kin on the basis that the fictive kin fails to apply
21for licensure within 6 months of the child's placement with the
22fictive kin, or fails to meet the standard for licensure. All
23other requirements established under the rules and procedures
24of the Department concerning the placement of a child, for whom
25the Department is legally responsible, with a relative shall
26apply. By June 1, 2015, the Department shall promulgate rules

 

 

HB5540 Engrossed- 85 -LRB099 16003 AMC 40320 b

1establishing criteria and standards for placement,
2identification, and licensure of fictive kin.
3    For purposes of this subsection, "fictive kin" means any
4individual, unrelated by birth or marriage, who is shown to
5have close personal or emotional ties with the child or the
6child's family prior to the child's placement with the
7individual.
8    The provisions added to this subsection (b) by Public Act
998-846 this amendatory Act of the 98th General Assembly shall
10become operative on and after June 1, 2015.
11    (c) In placing a child under this Act, the Department shall
12ensure that the child's health, safety, and best interests are
13met. In rejecting placement of a child with an identified
14relative, the Department shall ensure that the child's health,
15safety, and best interests are met. In evaluating the best
16interests of the child, the Department shall take into
17consideration the factors set forth in subsection (4.05) of
18Section 1-3 of the Juvenile Court Act of 1987.
19    The Department shall consider the individual needs of the
20child and the capacity of the prospective foster or adoptive
21parents to meet the needs of the child. When a child must be
22placed outside his or her home and cannot be immediately
23returned to his or her parents or guardian, a comprehensive,
24individualized assessment shall be performed of that child at
25which time the needs of the child shall be determined. Only if
26race, color, or national origin is identified as a legitimate

 

 

HB5540 Engrossed- 86 -LRB099 16003 AMC 40320 b

1factor in advancing the child's best interests shall it be
2considered. Race, color, or national origin shall not be
3routinely considered in making a placement decision. The
4Department shall make special efforts for the diligent
5recruitment of potential foster and adoptive families that
6reflect the ethnic and racial diversity of the children for
7whom foster and adoptive homes are needed. "Special efforts"
8shall include contacting and working with community
9organizations and religious organizations and may include
10contracting with those organizations, utilizing local media
11and other local resources, and conducting outreach activities.
12    (c-1) At the time of placement, the Department shall
13consider concurrent planning, as described in subsection (l-1)
14of Section 5, so that permanency may occur at the earliest
15opportunity. Consideration should be given so that if
16reunification fails or is delayed, the placement made is the
17best available placement to provide permanency for the child.
18    (d) The Department may accept gifts, grants, offers of
19services, and other contributions to use in making special
20recruitment efforts.
21    (e) The Department in placing children in adoptive or
22foster care homes may not, in any policy or practice relating
23to the placement of children for adoption or foster care,
24discriminate against any child or prospective adoptive or
25foster parent on the basis of race.
26(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;

 

 

HB5540 Engrossed- 87 -LRB099 16003 AMC 40320 b

199-340, eff. 1-1-16; revised 10-19-15.)
 
2    Section 65. The Department of Commerce and Economic
3Opportunity Law of the Civil Administrative Code of Illinois is
4amended by changing Section 605-817 as follows:
 
5    (20 ILCS 605/605-817)  (was 20 ILCS 605/46.19k)
6    Sec. 605-817. Family loan program.
7    (a) From amounts appropriated for such purpose, the
8Department in consultation with the Department of Human
9Services shall solicit proposals to establish programs to be
10known as family loan programs. Such programs shall provide
11small, no-interest loans to custodial parents with income below
12200% of the federal poverty level and an who are working or
13enrolled in a post-secondary education program, to aid in
14covering the costs of unexpected expenses that could interfere
15with their ability to maintain employment or continue
16education. Loans awarded through a family loan program may be
17paid directly to a third party on behalf of a loan recipient
18and in either case shall not constitute income or resources for
19the purposes of public assistance and care so long as the funds
20are used for the intended purpose.
21    (b) The Director shall enter into written agreements with
22not-for-profit organizations or local government agencies to
23administer loan pools. Agreements shall be entered into with no
24more than 4 organizations or agencies, no more than one of

 

 

HB5540 Engrossed- 88 -LRB099 16003 AMC 40320 b

1which shall be located in the city of Chicago.
2    (c) Program sites shall be approved based on the
3demonstrated ability of the organization or governmental
4agency to secure funding from private or public sources
5sufficient to establish a loan pool to be maintained through
6repayment agreements entered into by eligible low-income
7families. Funds awarded by the Department to approved program
8sites shall be used for the express purposes of covering
9staffing and administration costs associated with
10administering the loan pool.
11(Source: P.A. 91-372, eff. 1-1-00; 92-16, eff. 6-28-01; revised
1210-19-15.)
 
13    Section 70. The Department of Natural Resources
14(Conservation) Law of the Civil Administrative Code of Illinois
15is amended by changing Section 805-305 as follows:
 
16    (20 ILCS 805/805-305)  (was 20 ILCS 805/63a23)
17    Sec. 805-305. Campsites and housing facilities. The
18Department has the power to provide facilities for overnight
19tent and trailer campsites camp sites and to provide suitable
20housing facilities for student and juvenile overnight camping
21groups. The Department of Natural Resources may regulate, by
22administrative order, the fees to be charged for tent and
23trailer camping units at individual park areas based upon the
24facilities available. However, for campsites with access to

 

 

HB5540 Engrossed- 89 -LRB099 16003 AMC 40320 b

1showers or electricity, any Illinois resident who is age 62 or
2older or has a Class 2 disability as defined in Section 4A of
3the Illinois Identification Card Act shall be charged only
4one-half of the camping fee charged to the general public
5during the period Monday through Thursday of any week and shall
6be charged the same camping fee as the general public on all
7other days. For campsites without access to showers or
8electricity, no camping fee authorized by this Section shall be
9charged to any resident of Illinois who has a Class 2
10disability as defined in Section 4A of the Illinois
11Identification Card Act. For campsites without access to
12showers or electricity, no camping fee authorized by this
13Section shall be charged to any resident of Illinois who is age
1462 or older for the use of a campsite camp site unit during the
15period Monday through Thursday of any week. No camping fee
16authorized by this Section shall be charged to any resident of
17Illinois who is a veteran with a disability or a former
18prisoner of war, as defined in Section 5 of the Department of
19Veterans Affairs Act. No camping fee authorized by this Section
20shall be charged to any resident of Illinois after returning
21from service abroad or mobilization by the President of the
22United States as an active duty member of the United States
23Armed Forces, the Illinois National Guard, or the Reserves of
24the United States Armed Forces for the amount of time that the
25active duty member spent in service abroad or mobilized if the
26person (i) applies for a pass at the Department office in

 

 

HB5540 Engrossed- 90 -LRB099 16003 AMC 40320 b

1Springfield within 2 years after returning and provides
2acceptable verification of service or mobilization to the
3Department or (ii) applies for a pass at a Regional Office of
4the Department within 2 years after returning and provides
5acceptable verification of service or mobilization to the
6Department; any portion of a year that the active duty member
7spent in service abroad or mobilized shall count as a full
8year. Nonresidents shall be charged the same fees as are
9authorized for the general public regardless of age. The
10Department shall provide by regulation for suitable proof of
11age, or either a valid driver's license or a "Golden Age
12Passport" issued by the federal government shall be acceptable
13as proof of age. The Department shall further provide by
14regulation that notice of these reduced admission fees be
15posted in a conspicuous place and manner.
16    Reduced fees authorized in this Section shall not apply to
17any charge for utility service.
18    For the purposes of this Section, "acceptable verification
19of service or mobilization" means official documentation from
20the Department of Defense or the appropriate Major Command
21showing mobilization dates or service abroad dates, including:
22(i) a DD-214, (ii) a letter from the Illinois Department of
23Military Affairs for members of the Illinois National Guard,
24(iii) a letter from the Regional Reserve Command for members of
25the Armed Forces Reserve, (iv) a letter from the Major Command
26covering Illinois for active duty members, (v) personnel

 

 

HB5540 Engrossed- 91 -LRB099 16003 AMC 40320 b

1records for mobilized State employees, and (vi) any other
2documentation that the Department, by administrative rule,
3deems acceptable to establish dates of mobilization or service
4abroad.
5    For the purposes of this Section, the term "service abroad"
6means active duty service outside of the 50 United States and
7the District of Columbia, and includes all active duty service
8in territories and possessions of the United States.
9(Source: P.A. 99-143, eff. 7-27-15; revised 10-14-15.)
 
10    Section 75. The Recreational Trails of Illinois Act is
11amended by changing Section 34 as follows:
 
12    (20 ILCS 862/34)
13    Sec. 34. Exception from display of Off-Highway Vehicle
14Usage Stamps. The operator of an off-highway vehicle shall not
15be required to display an Off-Highway Vehicle Usage Stamp if
16the off-highway vehicle is:
17        (1) owned and used by the United States, the State of
18    Illinois, another state, or a political subdivision
19    thereof, but these off-highway vehicles shall prominently
20    display the name of the owner on the off-highway vehicle;
21        (2) operated on lands where the operator, his or her
22    immediate family, or both are the sole owners of the land;
23    this exception shall not apply to clubs, associations, or
24    lands leased for hunting or recreational purposes;

 

 

HB5540 Engrossed- 92 -LRB099 16003 AMC 40320 b

1        (3) used only on local, national, or international
2    competition circuits in events for which written
3    permission has been obtained by the sponsoring or
4    sanctioning body from the governmental unit having
5    jurisdiction over the location of any event held in this
6    State;
7        (4) (blank);
8        (5) used on an off-highway vehicle grant assisted site
9    and the off-highway vehicle displays an a Off-Highway
10    Vehicle Access decal;
11        (6) used in conjunction with a bona fide commercial
12    business, including, but not limited to, agricultural and
13    livestock production;
14        (7) a golf cart, regardless of whether the golf cart is
15    currently being used for golfing purposes;
16        (8) displaying a valid motor vehicle registration
17    issued by the Secretary of State or any other state;
18        (9) operated by an individual who either possesses an
19    Illinois Identification Card issued to the operator by the
20    Secretary of State that lists a Class P2 (or P2O or any
21    successor classification) or P2A disability or an original
22    or photocopy of a valid motor vehicle disability placard
23    issued to the operator by the Secretary of State, or is
24    assisting a person with a disability who has a Class P2 (or
25    P2O or any successor classification) or P2A disability
26    while using the same off-highway vehicle as the individual

 

 

HB5540 Engrossed- 93 -LRB099 16003 AMC 40320 b

1    with a disability; or
2        (10) used only at commercial riding parks.
3    For the purposes of this Section, "golf cart" means a
4machine specifically designed for the purposes of transporting
5one or more persons and their golf clubs.
6    For the purposes of this Section, "local, national, or
7international competition circuit" means any competition
8circuit sponsored or sanctioned by an international, national,
9or state organization, including, but not limited to, the
10American Motorcyclist Association, or sponsored, sanctioned,
11or both by an affiliate organization of an international,
12national, or state organization which sanctions competitions,
13including trials or practices leading up to or in connection
14with those competitions.
15    For the purposes of this Section, "commercial riding parks"
16mean commercial properties used for the recreational operation
17of off-highway vehicles by the paying members of the park or
18paying guests.
19(Source: P.A. 98-820, eff. 8-1-14; 99-143, eff. 7-27-15;
20revised 10-14-15.)
 
21    Section 80. The Department of Human Services Act is amended
22by changing Sections 1-17 and 1-42 as follows:
 
23    (20 ILCS 1305/1-17)
24    Sec. 1-17. Inspector General.

 

 

HB5540 Engrossed- 94 -LRB099 16003 AMC 40320 b

1    (a) Nature and purpose. It is the express intent of the
2General Assembly to ensure the health, safety, and financial
3condition of individuals receiving services in this State due
4to mental illness, developmental disability, or both by
5protecting those persons from acts of abuse, neglect, or both
6by service providers. To that end, the Office of the Inspector
7General for the Department of Human Services is created to
8investigate and report upon allegations of the abuse, neglect,
9or financial exploitation of individuals receiving services
10within mental health facilities, developmental disabilities
11facilities, and community agencies operated, licensed, funded
12or certified by the Department of Human Services, but not
13licensed or certified by any other State agency.
14    (b) Definitions. The following definitions apply to this
15Section:
16    "Adult student with a disability" means an adult student,
17age 18 through 21, inclusive, with an Individual Education
18Program, other than a resident of a facility licensed by the
19Department of Children and Family Services in accordance with
20the Child Care Act of 1969. For purposes of this definition,
21"through age 21, inclusive", means through the day before the
22student's 22nd birthday.
23    "Agency" or "community agency" means (i) a community agency
24licensed, funded, or certified by the Department, but not
25licensed or certified by any other human services agency of the
26State, to provide mental health service or developmental

 

 

HB5540 Engrossed- 95 -LRB099 16003 AMC 40320 b

1disabilities service, or (ii) a program licensed, funded, or
2certified by the Department, but not licensed or certified by
3any other human services agency of the State, to provide mental
4health service or developmental disabilities service.
5    "Aggravating circumstance" means a factor that is
6attendant to a finding and that tends to compound or increase
7the culpability of the accused.
8    "Allegation" means an assertion, complaint, suspicion, or
9incident involving any of the following conduct by an employee,
10facility, or agency against an individual or individuals:
11mental abuse, physical abuse, sexual abuse, neglect, or
12financial exploitation.
13    "Day" means working day, unless otherwise specified.
14    "Deflection" means a situation in which an individual is
15presented for admission to a facility or agency, and the
16facility staff or agency staff do not admit the individual.
17"Deflection" includes triage, redirection, and denial of
18admission.
19    "Department" means the Department of Human Services.
20    "Developmental disability" means "developmental
21disability" as defined in the Mental Health and Developmental
22Disabilities Code.
23    "Egregious neglect" means a finding of neglect as
24determined by the Inspector General that (i) represents a gross
25failure to adequately provide for, or a callused indifference
26to, the health, safety, or medical needs of an individual and

 

 

HB5540 Engrossed- 96 -LRB099 16003 AMC 40320 b

1(ii) results in an individual's death or other serious
2deterioration of an individual's physical condition or mental
3condition.
4    "Employee" means any person who provides services at the
5facility or agency on-site or off-site. The service
6relationship can be with the individual or with the facility or
7agency. Also, "employee" includes any employee or contractual
8agent of the Department of Human Services or the community
9agency involved in providing or monitoring or administering
10mental health or developmental disability services. This
11includes but is not limited to: owners, operators, payroll
12personnel, contractors, subcontractors, and volunteers.
13    "Facility" or "State-operated facility" means a mental
14health facility or developmental disabilities facility
15operated by the Department.
16    "Financial exploitation" means taking unjust advantage of
17an individual's assets, property, or financial resources
18through deception, intimidation, or conversion for the
19employee's, facility's, or agency's own advantage or benefit.
20    "Finding" means the Office of Inspector General's
21determination regarding whether an allegation is
22substantiated, unsubstantiated, or unfounded.
23    "Health care worker registry" or "registry" means the
24health care worker registry created by the Nursing Home Care
25Act.
26    "Individual" means any person receiving mental health

 

 

HB5540 Engrossed- 97 -LRB099 16003 AMC 40320 b

1service, developmental disabilities service, or both from a
2facility or agency, while either on-site or off-site.
3    "Mental abuse" means the use of demeaning, intimidating, or
4threatening words, signs, gestures, or other actions by an
5employee about an individual and in the presence of an
6individual or individuals that results in emotional distress or
7maladaptive behavior, or could have resulted in emotional
8distress or maladaptive behavior, for any individual present.
9    "Mental illness" means "mental illness" as defined in the
10Mental Health and Developmental Disabilities Code.
11    "Mentally ill" means having a mental illness.
12    "Mitigating circumstance" means a condition that (i) is
13attendant to a finding, (ii) does not excuse or justify the
14conduct in question, but (iii) may be considered in evaluating
15the severity of the conduct, the culpability of the accused, or
16both the severity of the conduct and the culpability of the
17accused.
18    "Neglect" means an employee's, agency's, or facility's
19failure to provide adequate medical care, personal care, or
20maintenance and that, as a consequence, (i) causes an
21individual pain, injury, or emotional distress, (ii) results in
22either an individual's maladaptive behavior or the
23deterioration of an individual's physical condition or mental
24condition, or (iii) places the individual's health or safety at
25substantial risk.
26    "Person with a developmental disability" means a person

 

 

HB5540 Engrossed- 98 -LRB099 16003 AMC 40320 b

1having a developmental disability.
2    "Physical abuse" means an employee's non-accidental and
3inappropriate contact with an individual that causes bodily
4harm. "Physical abuse" includes actions that cause bodily harm
5as a result of an employee directing an individual or person to
6physically abuse another individual.
7    "Recommendation" means an admonition, separate from a
8finding, that requires action by the facility, agency, or
9Department to correct a systemic issue, problem, or deficiency
10identified during an investigation.
11    "Required reporter" means any employee who suspects,
12witnesses, or is informed of an allegation of any one or more
13of the following: mental abuse, physical abuse, sexual abuse,
14neglect, or financial exploitation.
15    "Secretary" means the Chief Administrative Officer of the
16Department.
17    "Sexual abuse" means any sexual contact or intimate
18physical contact between an employee and an individual,
19including an employee's coercion or encouragement of an
20individual to engage in sexual behavior that results in sexual
21contact, intimate physical contact, sexual behavior, or
22intimate physical behavior. Sexual abuse also includes (i) an
23employee's actions that result in the sending or showing of
24sexually explicit images to an individual via computer,
25cellular phone, electronic mail, portable electronic device,
26or other media with or without contact with the individual or

 

 

HB5540 Engrossed- 99 -LRB099 16003 AMC 40320 b

1(ii) an employee's posting of sexually explicit images of an
2individual online or elsewhere whether or not there is contact
3with the individual.
4    "Sexually explicit images" includes, but is not limited to,
5any material which depicts nudity, sexual conduct, or
6sado-masochistic abuse, or which contains explicit and
7detailed verbal descriptions or narrative accounts of sexual
8excitement, sexual conduct, or sado-masochistic abuse.
9    "Substantiated" means there is a preponderance of the
10evidence to support the allegation.
11    "Unfounded" means there is no credible evidence to support
12the allegation.
13    "Unsubstantiated" means there is credible evidence, but
14less than a preponderance of evidence to support the
15allegation.
16    (c) Appointment. The Governor shall appoint, and the Senate
17shall confirm, an Inspector General. The Inspector General
18shall be appointed for a term of 4 years and shall function
19within the Department of Human Services and report to the
20Secretary and the Governor.
21    (d) Operation and appropriation. The Inspector General
22shall function independently within the Department with
23respect to the operations of the Office, including the
24performance of investigations and issuance of findings and
25recommendations. The appropriation for the Office of Inspector
26General shall be separate from the overall appropriation for

 

 

HB5540 Engrossed- 100 -LRB099 16003 AMC 40320 b

1the Department.
2    (e) Powers and duties. The Inspector General shall
3investigate reports of suspected mental abuse, physical abuse,
4sexual abuse, neglect, or financial exploitation of
5individuals in any mental health or developmental disabilities
6facility or agency and shall have authority to take immediate
7action to prevent any one or more of the following from
8happening to individuals under its jurisdiction: mental abuse,
9physical abuse, sexual abuse, neglect, or financial
10exploitation. Upon written request of an agency of this State,
11the Inspector General may assist another agency of the State in
12investigating reports of the abuse, neglect, or abuse and
13neglect of persons with mental illness, persons with
14developmental disabilities, or persons with both. To comply
15with the requirements of subsection (k) of this Section, the
16Inspector General shall also review all reportable deaths for
17which there is no allegation of abuse or neglect. Nothing in
18this Section shall preempt any duties of the Medical Review
19Board set forth in the Mental Health and Developmental
20Disabilities Code. The Inspector General shall have no
21authority to investigate alleged violations of the State
22Officials and Employees Ethics Act. Allegations of misconduct
23under the State Officials and Employees Ethics Act shall be
24referred to the Office of the Governor's Executive Inspector
25General for investigation.
26    (f) Limitations. The Inspector General shall not conduct an

 

 

HB5540 Engrossed- 101 -LRB099 16003 AMC 40320 b

1investigation within an agency or facility if that
2investigation would be redundant to or interfere with an
3investigation conducted by another State agency. The Inspector
4General shall have no supervision over, or involvement in, the
5routine programmatic, licensing, funding, or certification
6operations of the Department. Nothing in this subsection limits
7investigations by the Department that may otherwise be required
8by law or that may be necessary in the Department's capacity as
9central administrative authority responsible for the operation
10of the State's mental health and developmental disabilities
11facilities.
12    (g) Rulemaking authority. The Inspector General shall
13promulgate rules establishing minimum requirements for
14reporting allegations as well as for initiating, conducting,
15and completing investigations based upon the nature of the
16allegation or allegations. The rules shall clearly establish
17that if 2 or more State agencies could investigate an
18allegation, the Inspector General shall not conduct an
19investigation that would be redundant to, or interfere with, an
20investigation conducted by another State agency. The rules
21shall further clarify the method and circumstances under which
22the Office of Inspector General may interact with the
23licensing, funding, or certification units of the Department in
24preventing further occurrences of mental abuse, physical
25abuse, sexual abuse, neglect, egregious neglect, and financial
26exploitation.

 

 

HB5540 Engrossed- 102 -LRB099 16003 AMC 40320 b

1    (h) Training programs. The Inspector General shall (i)
2establish a comprehensive program to ensure that every person
3authorized to conduct investigations receives ongoing training
4relative to investigation techniques, communication skills,
5and the appropriate means of interacting with persons receiving
6treatment for mental illness, developmental disability, or
7both mental illness and developmental disability, and (ii)
8establish and conduct periodic training programs for facility
9and agency employees concerning the prevention and reporting of
10any one or more of the following: mental abuse, physical abuse,
11sexual abuse, neglect, egregious neglect, or financial
12exploitation. Nothing in this Section shall be deemed to
13prevent the Office of Inspector General from conducting any
14other training as determined by the Inspector General to be
15necessary or helpful.
16    (i) Duty to cooperate.
17        (1) The Inspector General shall at all times be granted
18    access to any facility or agency for the purpose of
19    investigating any allegation, conducting unannounced site
20    visits, monitoring compliance with a written response, or
21    completing any other statutorily assigned duty. The
22    Inspector General shall conduct unannounced site visits to
23    each facility at least annually for the purpose of
24    reviewing and making recommendations on systemic issues
25    relative to preventing, reporting, investigating, and
26    responding to all of the following: mental abuse, physical

 

 

HB5540 Engrossed- 103 -LRB099 16003 AMC 40320 b

1    abuse, sexual abuse, neglect, egregious neglect, or
2    financial exploitation.
3        (2) Any employee who fails to cooperate with an Office
4    of the Inspector General investigation is in violation of
5    this Act. Failure to cooperate with an investigation
6    includes, but is not limited to, any one or more of the
7    following: (i) creating and transmitting a false report to
8    the Office of the Inspector General hotline, (ii) providing
9    false information to an Office of the Inspector General
10    Investigator during an investigation, (iii) colluding with
11    other employees to cover up evidence, (iv) colluding with
12    other employees to provide false information to an Office
13    of the Inspector General investigator, (v) destroying
14    evidence, (vi) withholding evidence, or (vii) otherwise
15    obstructing an Office of the Inspector General
16    investigation. Additionally, any employee who, during an
17    unannounced site visit or written response compliance
18    check, fails to cooperate with requests from the Office of
19    the Inspector General is in violation of this Act.
20    (j) Subpoena powers. The Inspector General shall have the
21power to subpoena witnesses and compel the production of all
22documents and physical evidence relating to his or her
23investigations and any hearings authorized by this Act. This
24subpoena power shall not extend to persons or documents of a
25labor organization or its representatives insofar as the
26persons are acting in a representative capacity to an employee

 

 

HB5540 Engrossed- 104 -LRB099 16003 AMC 40320 b

1whose conduct is the subject of an investigation or the
2documents relate to that representation. Any person who
3otherwise fails to respond to a subpoena or who knowingly
4provides false information to the Office of the Inspector
5General by subpoena during an investigation is guilty of a
6Class A misdemeanor.
7    (k) Reporting allegations and deaths.
8        (1) Allegations. If an employee witnesses, is told of,
9    or has reason to believe an incident of mental abuse,
10    physical abuse, sexual abuse, neglect, or financial
11    exploitation has occurred, the employee, agency, or
12    facility shall report the allegation by phone to the Office
13    of the Inspector General hotline according to the agency's
14    or facility's procedures, but in no event later than 4
15    hours after the initial discovery of the incident,
16    allegation, or suspicion of any one or more of the
17    following: mental abuse, physical abuse, sexual abuse,
18    neglect, or financial exploitation. A required reporter as
19    defined in subsection (b) of this Section who knowingly or
20    intentionally fails to comply with these reporting
21    requirements is guilty of a Class A misdemeanor.
22        (2) Deaths. Absent an allegation, a required reporter
23    shall, within 24 hours after initial discovery, report by
24    phone to the Office of the Inspector General hotline each
25    of the following:
26            (i) Any death of an individual occurring within 14

 

 

HB5540 Engrossed- 105 -LRB099 16003 AMC 40320 b

1        calendar days after discharge or transfer of the
2        individual from a residential program or facility.
3            (ii) Any death of an individual occurring within 24
4        hours after deflection from a residential program or
5        facility.
6            (iii) Any other death of an individual occurring at
7        an agency or facility or at any Department-funded site.
8        (3) Retaliation. It is a violation of this Act for any
9    employee or administrator of an agency or facility to take
10    retaliatory action against an employee who acts in good
11    faith in conformance with his or her duties as a required
12    reporter.
13    (l) Reporting to law enforcement.
14        (1) Reporting criminal acts. Within 24 hours after
15    determining that there is credible evidence indicating
16    that a criminal act may have been committed or that special
17    expertise may be required in an investigation, the
18    Inspector General shall notify the Department of State
19    Police or other appropriate law enforcement authority, or
20    ensure that such notification is made. The Department of
21    State Police shall investigate any report from a
22    State-operated facility indicating a possible murder,
23    sexual assault, or other felony by an employee. All
24    investigations conducted by the Inspector General shall be
25    conducted in a manner designed to ensure the preservation
26    of evidence for possible use in a criminal prosecution.

 

 

HB5540 Engrossed- 106 -LRB099 16003 AMC 40320 b

1        (2) Reporting allegations of adult students with
2    disabilities. Upon receipt of a reportable allegation
3    regarding an adult student with a disability, the
4    Department's Office of the Inspector General shall
5    determine whether the allegation meets the criteria for the
6    Domestic Abuse Program under the Abuse of Adults with
7    Disabilities Intervention Act. If the allegation is
8    reportable to that program, the Office of the Inspector
9    General shall initiate an investigation. If the allegation
10    is not reportable to the Domestic Abuse Program, the Office
11    of the Inspector General shall make an expeditious referral
12    to the respective law enforcement entity. If the alleged
13    victim is already receiving services from the Department,
14    the Office of the Inspector General shall also make a
15    referral to the respective Department of Human Services'
16    Division or Bureau.
17    (m) Investigative reports. Upon completion of an
18investigation, the Office of Inspector General shall issue an
19investigative report identifying whether the allegations are
20substantiated, unsubstantiated, or unfounded. Within 10
21business days after the transmittal of a completed
22investigative report substantiating an allegation, or if a
23recommendation is made, the Inspector General shall provide the
24investigative report on the case to the Secretary and to the
25director of the facility or agency where any one or more of the
26following occurred: mental abuse, physical abuse, sexual

 

 

HB5540 Engrossed- 107 -LRB099 16003 AMC 40320 b

1abuse, neglect, egregious neglect, or financial exploitation.
2In a substantiated case, the investigative report shall include
3any mitigating or aggravating circumstances that were
4identified during the investigation. If the case involves
5substantiated neglect, the investigative report shall also
6state whether egregious neglect was found. An investigative
7report may also set forth recommendations. All investigative
8reports prepared by the Office of the Inspector General shall
9be considered confidential and shall not be released except as
10provided by the law of this State or as required under
11applicable federal law. Unsubstantiated and unfounded reports
12shall not be disclosed except as allowed under Section 6 of the
13Abused and Neglected Long Term Care Facility Residents
14Reporting Act. Raw data used to compile the investigative
15report shall not be subject to release unless required by law
16or a court order. "Raw data used to compile the investigative
17report" includes, but is not limited to, any one or more of the
18following: the initial complaint, witness statements,
19photographs, investigator's notes, police reports, or incident
20reports. If the allegations are substantiated, the accused
21shall be provided with a redacted copy of the investigative
22report. Death reports where there was no allegation of abuse or
23neglect shall only be released pursuant to applicable State or
24federal law or a valid court order.
25    (n) Written responses and reconsideration requests.
26        (1) Written responses. Within 30 calendar days from

 

 

HB5540 Engrossed- 108 -LRB099 16003 AMC 40320 b

1    receipt of a substantiated investigative report or an
2    investigative report which contains recommendations,
3    absent a reconsideration request, the facility or agency
4    shall file a written response that addresses, in a concise
5    and reasoned manner, the actions taken to: (i) protect the
6    individual; (ii) prevent recurrences; and (iii) eliminate
7    the problems identified. The response shall include the
8    implementation and completion dates of such actions. If the
9    written response is not filed within the allotted 30
10    calendar day period, the Secretary shall determine the
11    appropriate corrective action to be taken.
12        (2) Reconsideration requests. The facility, agency,
13    victim or guardian, or the subject employee may request
14    that the Office of Inspector General reconsider or clarify
15    its finding based upon additional information.
16    (o) Disclosure of the finding by the Inspector General. The
17Inspector General shall disclose the finding of an
18investigation to the following persons: (i) the Governor, (ii)
19the Secretary, (iii) the director of the facility or agency,
20(iv) the alleged victims and their guardians, (v) the
21complainant, and (vi) the accused. This information shall
22include whether the allegations were deemed substantiated,
23unsubstantiated, or unfounded.
24    (p) Secretary review. Upon review of the Inspector
25General's investigative report and any agency's or facility's
26written response, the Secretary shall accept or reject the

 

 

HB5540 Engrossed- 109 -LRB099 16003 AMC 40320 b

1written response and notify the Inspector General of that
2determination. The Secretary may further direct that other
3administrative action be taken, including, but not limited to,
4any one or more of the following: (i) additional site visits,
5(ii) training, (iii) provision of technical assistance
6relative to administrative needs, licensure or certification,
7or (iv) the imposition of appropriate sanctions.
8    (q) Action by facility or agency. Within 30 days of the
9date the Secretary approves the written response or directs
10that further administrative action be taken, the facility or
11agency shall provide an implementation report to the Inspector
12General that provides the status of the action taken. The
13facility or agency shall be allowed an additional 30 days to
14send notice of completion of the action or to send an updated
15implementation report. If the action has not been completed
16within the additional 30 day period, the facility or agency
17shall send updated implementation reports every 60 days until
18completion. The Inspector General shall conduct a review of any
19implementation plan that takes more than 120 days after
20approval to complete, and shall monitor compliance through a
21random review of approved written responses, which may include,
22but are not limited to: (i) site visits, (ii) telephone
23contact, and (iii) requests for additional documentation
24evidencing compliance.
25    (r) Sanctions. Sanctions, if imposed by the Secretary under
26Subdivision (p)(iv) of this Section, shall be designed to

 

 

HB5540 Engrossed- 110 -LRB099 16003 AMC 40320 b

1prevent further acts of mental abuse, physical abuse, sexual
2abuse, neglect, egregious neglect, or financial exploitation
3or some combination of one or more of those acts at a facility
4or agency, and may include any one or more of the following:
5        (1) Appointment of on-site monitors.
6        (2) Transfer or relocation of an individual or
7    individuals.
8        (3) Closure of units.
9        (4) Termination of any one or more of the following:
10    (i) Department licensing, (ii) funding, or (iii)
11    certification.
12    The Inspector General may seek the assistance of the
13Illinois Attorney General or the office of any State's Attorney
14in implementing sanctions.
15    (s) Health care worker registry.
16        (1) Reporting to the registry. The Inspector General
17    shall report to the Department of Public Health's health
18    care worker registry, a public registry, the identity and
19    finding of each employee of a facility or agency against
20    whom there is a final investigative report containing a
21    substantiated allegation of physical or sexual abuse,
22    financial exploitation, or egregious neglect of an
23    individual.
24        (2) Notice to employee. Prior to reporting the name of
25    an employee, the employee shall be notified of the
26    Department's obligation to report and shall be granted an

 

 

HB5540 Engrossed- 111 -LRB099 16003 AMC 40320 b

1    opportunity to request an administrative hearing, the sole
2    purpose of which is to determine if the substantiated
3    finding warrants reporting to the registry. Notice to the
4    employee shall contain a clear and concise statement of the
5    grounds on which the report to the registry is based, offer
6    the employee an opportunity for a hearing, and identify the
7    process for requesting such a hearing. Notice is sufficient
8    if provided by certified mail to the employee's last known
9    address. If the employee fails to request a hearing within
10    30 days from the date of the notice, the Inspector General
11    shall report the name of the employee to the registry.
12    Nothing in this subdivision (s)(2) shall diminish or impair
13    the rights of a person who is a member of a collective
14    bargaining unit under the Illinois Public Labor Relations
15    Act or under any other federal labor statute.
16        (3) Registry hearings. If the employee requests an
17    administrative hearing, the employee shall be granted an
18    opportunity to appear before an administrative law judge to
19    present reasons why the employee's name should not be
20    reported to the registry. The Department shall bear the
21    burden of presenting evidence that establishes, by a
22    preponderance of the evidence, that the substantiated
23    finding warrants reporting to the registry. After
24    considering all the evidence presented, the administrative
25    law judge shall make a recommendation to the Secretary as
26    to whether the substantiated finding warrants reporting

 

 

HB5540 Engrossed- 112 -LRB099 16003 AMC 40320 b

1    the name of the employee to the registry. The Secretary
2    shall render the final decision. The Department and the
3    employee shall have the right to request that the
4    administrative law judge consider a stipulated disposition
5    of these proceedings.
6        (4) Testimony at registry hearings. A person who makes
7    a report or who investigates a report under this Act shall
8    testify fully in any judicial proceeding resulting from
9    such a report, as to any evidence of abuse or neglect, or
10    the cause thereof. No evidence shall be excluded by reason
11    of any common law or statutory privilege relating to
12    communications between the alleged perpetrator of abuse or
13    neglect, or the individual alleged as the victim in the
14    report, and the person making or investigating the report.
15    Testimony at hearings is exempt from the confidentiality
16    requirements of subsection (f) of Section 10 of the Mental
17    Health and Developmental Disabilities Confidentiality Act.
18        (5) Employee's rights to collateral action. No
19    reporting to the registry shall occur and no hearing shall
20    be set or proceed if an employee notifies the Inspector
21    General in writing, including any supporting
22    documentation, that he or she is formally contesting an
23    adverse employment action resulting from a substantiated
24    finding by complaint filed with the Illinois Civil Service
25    Commission, or which otherwise seeks to enforce the
26    employee's rights pursuant to any applicable collective

 

 

HB5540 Engrossed- 113 -LRB099 16003 AMC 40320 b

1    bargaining agreement. If an action taken by an employer
2    against an employee as a result of a finding of physical
3    abuse, sexual abuse, or egregious neglect is overturned
4    through an action filed with the Illinois Civil Service
5    Commission or under any applicable collective bargaining
6    agreement and if that employee's name has already been sent
7    to the registry, the employee's name shall be removed from
8    the registry.
9        (6) Removal from registry. At any time after the report
10    to the registry, but no more than once in any 12-month
11    period, an employee may petition the Department in writing
12    to remove his or her name from the registry. Upon receiving
13    notice of such request, the Inspector General shall conduct
14    an investigation into the petition. Upon receipt of such
15    request, an administrative hearing will be set by the
16    Department. At the hearing, the employee shall bear the
17    burden of presenting evidence that establishes, by a
18    preponderance of the evidence, that removal of the name
19    from the registry is in the public interest. The parties
20    may jointly request that the administrative law judge
21    consider a stipulated disposition of these proceedings.
22    (t) Review of Administrative Decisions. The Department
23shall preserve a record of all proceedings at any formal
24hearing conducted by the Department involving health care
25worker registry hearings. Final administrative decisions of
26the Department are subject to judicial review pursuant to

 

 

HB5540 Engrossed- 114 -LRB099 16003 AMC 40320 b

1provisions of the Administrative Review Law.
2    (u) Quality Care Board. There is created, within the Office
3of the Inspector General, a Quality Care Board to be composed
4of 7 members appointed by the Governor with the advice and
5consent of the Senate. One of the members shall be designated
6as chairman by the Governor. Of the initial appointments made
7by the Governor, 4 Board members shall each be appointed for a
8term of 4 years and 3 members shall each be appointed for a
9term of 2 years. Upon the expiration of each member's term, a
10successor shall be appointed for a term of 4 years. In the case
11of a vacancy in the office of any member, the Governor shall
12appoint a successor for the remainder of the unexpired term.
13    Members appointed by the Governor shall be qualified by
14professional knowledge or experience in the area of law,
15investigatory techniques, or in the area of care of the
16mentally ill or care of persons with developmental
17disabilities. Two members appointed by the Governor shall be
18persons with a disability or a parent of a person with a
19disability. Members shall serve without compensation, but
20shall be reimbursed for expenses incurred in connection with
21the performance of their duties as members.
22    The Board shall meet quarterly, and may hold other meetings
23on the call of the chairman. Four members shall constitute a
24quorum allowing the Board to conduct its business. The Board
25may adopt rules and regulations it deems necessary to govern
26its own procedures.

 

 

HB5540 Engrossed- 115 -LRB099 16003 AMC 40320 b

1    The Board shall monitor and oversee the operations,
2policies, and procedures of the Inspector General to ensure the
3prompt and thorough investigation of allegations of neglect and
4abuse. In fulfilling these responsibilities, the Board may do
5the following:
6        (1) Provide independent, expert consultation to the
7    Inspector General on policies and protocols for
8    investigations of alleged abuse, neglect, or both abuse and
9    neglect.
10        (2) Review existing regulations relating to the
11    operation of facilities.
12        (3) Advise the Inspector General as to the content of
13    training activities authorized under this Section.
14        (4) Recommend policies concerning methods for
15    improving the intergovernmental relationships between the
16    Office of the Inspector General and other State or federal
17    offices.
18    (v) Annual report. The Inspector General shall provide to
19the General Assembly and the Governor, no later than January 1
20of each year, a summary of reports and investigations made
21under this Act for the prior fiscal year with respect to
22individuals receiving mental health or developmental
23disabilities services. The report shall detail the imposition
24of sanctions, if any, and the final disposition of any
25corrective or administrative action directed by the Secretary.
26The summaries shall not contain any confidential or identifying

 

 

HB5540 Engrossed- 116 -LRB099 16003 AMC 40320 b

1information of any individual, but shall include objective data
2identifying any trends in the number of reported allegations,
3the timeliness of the Office of the Inspector General's
4investigations, and their disposition, for each facility and
5Department-wide, for the most recent 3-year time period. The
6report shall also identify, by facility, the staff-to-patient
7ratios taking account of direct care staff only. The report
8shall also include detailed recommended administrative actions
9and matters for consideration by the General Assembly.
10    (w) Program audit. The Auditor General shall conduct a
11program audit of the Office of the Inspector General on an
12as-needed basis, as determined by the Auditor General. The
13audit shall specifically include the Inspector General's
14compliance with the Act and effectiveness in investigating
15reports of allegations occurring in any facility or agency. The
16Auditor General shall conduct the program audit according to
17the provisions of the Illinois State Auditing Act and shall
18report its findings to the General Assembly no later than
19January 1 following the audit period.
20    (x) Nothing in this Section shall be construed to mean that
21a patient is a victim of abuse or neglect because of health
22care services appropriately provided or not provided by health
23care professionals.
24    (y) Nothing in this Section shall require a facility,
25including its employees, agents, medical staff members, and
26health care professionals, to provide a service to a patient in

 

 

HB5540 Engrossed- 117 -LRB099 16003 AMC 40320 b

1contravention of that patient's stated or implied objection to
2the provision of that service on the ground that that service
3conflicts with the patient's religious beliefs or practices,
4nor shall the failure to provide a service to a patient be
5considered abuse under this Section if the patient has objected
6to the provision of that service based on his or her religious
7beliefs or practices.
8(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143,
9eff. 7-27-15; 99-323, eff. 8-7-15; revised 10-19-15.)
 
10    (20 ILCS 1305/1-42)
11    Sec. 1-42. Department Ambassador. Subject to
12appropriation, as part of a pilot program, the Department shall
13designate one or more officials or employees to serve as
14Department Ambassadors Ambassador. Department Ambassadors
15shall serve as a liaison between the Department and the public
16and shall have the following duties: (i) to inform the public
17about services available through the Department, (ii) to assist
18the public in accessing those services, (iii) to review the
19Department's methods of disseminating information, and (iv) to
20recommend and implement more efficient practices of providing
21services and information to the public where possible.
22(Source: P.A. 98-1065, eff. 8-26-14; revised 10-19-15.)
 
23    Section 85. The Burn Victims Relief Act is amended by
24changing Section 15 as follows:
 

 

 

HB5540 Engrossed- 118 -LRB099 16003 AMC 40320 b

1    (20 ILCS 1410/15)
2    Sec. 15. Rulemaking. The Department of Insurance may adopt
3rules to implement the provisions of this Act. In order to
4provide for the expeditious and timely implementation of the
5provisions of this Act, emergency rules to implement any
6provision of this Act may be adopted by the Department in
7accordance with subsection (u) (t) of Section 5-45 of the
8Illinois Administrative Procedure Act.
9(Source: P.A. 99-455, eff. 1-1-16; revised 10-26-15.)
 
10    Section 90. The Department of Professional Regulation Law
11of the Civil Administrative Code of Illinois is amended by
12changing Section 2105-15 as follows:
 
13    (20 ILCS 2105/2105-15)
14    Sec. 2105-15. General powers and duties.
15    (a) The Department has, subject to the provisions of the
16Civil Administrative Code of Illinois, the following powers and
17duties:
18        (1) To authorize examinations in English to ascertain
19    the qualifications and fitness of applicants to exercise
20    the profession, trade, or occupation for which the
21    examination is held.
22        (2) To prescribe rules and regulations for a fair and
23    wholly impartial method of examination of candidates to

 

 

HB5540 Engrossed- 119 -LRB099 16003 AMC 40320 b

1    exercise the respective professions, trades, or
2    occupations.
3        (3) To pass upon the qualifications of applicants for
4    licenses, certificates, and authorities, whether by
5    examination, by reciprocity, or by endorsement.
6        (4) To prescribe rules and regulations defining, for
7    the respective professions, trades, and occupations, what
8    shall constitute a school, college, or university, or
9    department of a university, or other institution,
10    reputable and in good standing, and to determine the
11    reputability and good standing of a school, college, or
12    university, or department of a university, or other
13    institution, reputable and in good standing, by reference
14    to a compliance with those rules and regulations; provided,
15    that no school, college, or university, or department of a
16    university, or other institution that refuses admittance
17    to applicants solely on account of race, color, creed, sex,
18    sexual orientation, or national origin shall be considered
19    reputable and in good standing.
20        (5) To conduct hearings on proceedings to revoke,
21    suspend, refuse to renew, place on probationary status, or
22    take other disciplinary action as authorized in any
23    licensing Act administered by the Department with regard to
24    licenses, certificates, or authorities of persons
25    exercising the respective professions, trades, or
26    occupations and to revoke, suspend, refuse to renew, place

 

 

HB5540 Engrossed- 120 -LRB099 16003 AMC 40320 b

1    on probationary status, or take other disciplinary action
2    as authorized in any licensing Act administered by the
3    Department with regard to those licenses, certificates, or
4    authorities.
5        The Department shall issue a monthly disciplinary
6    report.
7        The Department shall deny any license or renewal
8    authorized by the Civil Administrative Code of Illinois to
9    any person who has defaulted on an educational loan or
10    scholarship provided by or guaranteed by the Illinois
11    Student Assistance Commission or any governmental agency
12    of this State; however, the Department may issue a license
13    or renewal if the aforementioned persons have established a
14    satisfactory repayment record as determined by the
15    Illinois Student Assistance Commission or other
16    appropriate governmental agency of this State.
17    Additionally, beginning June 1, 1996, any license issued by
18    the Department may be suspended or revoked if the
19    Department, after the opportunity for a hearing under the
20    appropriate licensing Act, finds that the licensee has
21    failed to make satisfactory repayment to the Illinois
22    Student Assistance Commission for a delinquent or
23    defaulted loan. For the purposes of this Section,
24    "satisfactory repayment record" shall be defined by rule.
25        The Department shall refuse to issue or renew a license
26    to, or shall suspend or revoke a license of, any person

 

 

HB5540 Engrossed- 121 -LRB099 16003 AMC 40320 b

1    who, after receiving notice, fails to comply with a
2    subpoena or warrant relating to a paternity or child
3    support proceeding. However, the Department may issue a
4    license or renewal upon compliance with the subpoena or
5    warrant.
6        The Department, without further process or hearings,
7    shall revoke, suspend, or deny any license or renewal
8    authorized by the Civil Administrative Code of Illinois to
9    a person who is certified by the Department of Healthcare
10    and Family Services (formerly Illinois Department of
11    Public Aid) as being more than 30 days delinquent in
12    complying with a child support order or who is certified by
13    a court as being in violation of the Non-Support Punishment
14    Act for more than 60 days. The Department may, however,
15    issue a license or renewal if the person has established a
16    satisfactory repayment record as determined by the
17    Department of Healthcare and Family Services (formerly
18    Illinois Department of Public Aid) or if the person is
19    determined by the court to be in compliance with the
20    Non-Support Punishment Act. The Department may implement
21    this paragraph as added by Public Act 89-6 through the use
22    of emergency rules in accordance with Section 5-45 of the
23    Illinois Administrative Procedure Act. For purposes of the
24    Illinois Administrative Procedure Act, the adoption of
25    rules to implement this paragraph shall be considered an
26    emergency and necessary for the public interest, safety,

 

 

HB5540 Engrossed- 122 -LRB099 16003 AMC 40320 b

1    and welfare.
2        (6) To transfer jurisdiction of any realty under the
3    control of the Department to any other department of the
4    State Government or to acquire or accept federal lands when
5    the transfer, acquisition, or acceptance is advantageous
6    to the State and is approved in writing by the Governor.
7        (7) To formulate rules and regulations necessary for
8    the enforcement of any Act administered by the Department.
9        (8) To exchange with the Department of Healthcare and
10    Family Services information that may be necessary for the
11    enforcement of child support orders entered pursuant to the
12    Illinois Public Aid Code, the Illinois Marriage and
13    Dissolution of Marriage Act, the Non-Support of Spouse and
14    Children Act, the Non-Support Punishment Act, the Revised
15    Uniform Reciprocal Enforcement of Support Act, the Uniform
16    Interstate Family Support Act, the Illinois Parentage Act
17    of 1984, or the Illinois Parentage Act of 2015.
18    Notwithstanding any provisions in this Code to the
19    contrary, the Department of Professional Regulation shall
20    not be liable under any federal or State law to any person
21    for any disclosure of information to the Department of
22    Healthcare and Family Services (formerly Illinois
23    Department of Public Aid) under this paragraph (8) or for
24    any other action taken in good faith to comply with the
25    requirements of this paragraph (8).
26        (8.5) To accept continuing education credit for

 

 

HB5540 Engrossed- 123 -LRB099 16003 AMC 40320 b

1    mandated reporter training on how to recognize and report
2    child abuse offered by the Department of Children and
3    Family Services and completed by any person who holds a
4    professional license issued by the Department and who is a
5    mandated reporter under the Abused and Neglected Child
6    Reporting Act. The Department shall adopt any rules
7    necessary to implement this paragraph.
8        (9) To perform other duties prescribed by law.
9    (a-5) Except in cases involving default on an educational
10loan or scholarship provided by or guaranteed by the Illinois
11Student Assistance Commission or any governmental agency of
12this State or in cases involving delinquency in complying with
13a child support order or violation of the Non-Support
14Punishment Act and notwithstanding anything that may appear in
15any individual licensing Act or administrative rule, no person
16or entity whose license, certificate, or authority has been
17revoked as authorized in any licensing Act administered by the
18Department may apply for restoration of that license,
19certification, or authority until 3 years after the effective
20date of the revocation.
21    (b) The Department may, when a fee is payable to the
22Department for a wall certificate of registration provided by
23the Department of Central Management Services, require that
24portion of the payment for printing and distribution costs be
25made directly or through the Department to the Department of
26Central Management Services for deposit into the Paper and

 

 

HB5540 Engrossed- 124 -LRB099 16003 AMC 40320 b

1Printing Revolving Fund. The remainder shall be deposited into
2the General Revenue Fund.
3    (c) For the purpose of securing and preparing evidence, and
4for the purchase of controlled substances, professional
5services, and equipment necessary for enforcement activities,
6recoupment of investigative costs, and other activities
7directed at suppressing the misuse and abuse of controlled
8substances, including those activities set forth in Sections
9504 and 508 of the Illinois Controlled Substances Act, the
10Director and agents appointed and authorized by the Director
11may expend sums from the Professional Regulation Evidence Fund
12that the Director deems necessary from the amounts appropriated
13for that purpose. Those sums may be advanced to the agent when
14the Director deems that procedure to be in the public interest.
15Sums for the purchase of controlled substances, professional
16services, and equipment necessary for enforcement activities
17and other activities as set forth in this Section shall be
18advanced to the agent who is to make the purchase from the
19Professional Regulation Evidence Fund on vouchers signed by the
20Director. The Director and those agents are authorized to
21maintain one or more commercial checking accounts with any
22State banking corporation or corporations organized under or
23subject to the Illinois Banking Act for the deposit and
24withdrawal of moneys to be used for the purposes set forth in
25this Section; provided, that no check may be written nor any
26withdrawal made from any such account except upon the written

 

 

HB5540 Engrossed- 125 -LRB099 16003 AMC 40320 b

1signatures of 2 persons designated by the Director to write
2those checks and make those withdrawals. Vouchers for those
3expenditures must be signed by the Director. All such
4expenditures shall be audited by the Director, and the audit
5shall be submitted to the Department of Central Management
6Services for approval.
7    (d) Whenever the Department is authorized or required by
8law to consider some aspect of criminal history record
9information for the purpose of carrying out its statutory
10powers and responsibilities, then, upon request and payment of
11fees in conformance with the requirements of Section 2605-400
12of the Department of State Police Law (20 ILCS 2605/2605-400),
13the Department of State Police is authorized to furnish,
14pursuant to positive identification, the information contained
15in State files that is necessary to fulfill the request.
16    (e) The provisions of this Section do not apply to private
17business and vocational schools as defined by Section 15 of the
18Private Business and Vocational Schools Act of 2012.
19    (f) (Blank).
20    (g) Notwithstanding anything that may appear in any
21individual licensing statute or administrative rule, the
22Department shall deny any license application or renewal
23authorized under any licensing Act administered by the
24Department to any person who has failed to file a return, or to
25pay the tax, penalty, or interest shown in a filed return, or
26to pay any final assessment of tax, penalty, or interest, as

 

 

HB5540 Engrossed- 126 -LRB099 16003 AMC 40320 b

1required by any tax Act administered by the Illinois Department
2of Revenue, until such time as the requirement of any such tax
3Act are satisfied; however, the Department may issue a license
4or renewal if the person has established a satisfactory
5repayment record as determined by the Illinois Department of
6Revenue. For the purpose of this Section, "satisfactory
7repayment record" shall be defined by rule.
8    In addition, a complaint filed with the Department by the
9Illinois Department of Revenue that includes a certification,
10signed by its Director or designee, attesting to the amount of
11the unpaid tax liability or the years for which a return was
12not filed, or both, is prima facie evidence of the licensee's
13failure to comply with the tax laws administered by the
14Illinois Department of Revenue. Upon receipt of that
15certification, the Department shall, without a hearing,
16immediately suspend all licenses held by the licensee.
17Enforcement of the Department's order shall be stayed for 60
18days. The Department shall provide notice of the suspension to
19the licensee by mailing a copy of the Department's order by
20certified and regular mail to the licensee's last known address
21as registered with the Department. The notice shall advise the
22licensee that the suspension shall be effective 60 days after
23the issuance of the Department's order unless the Department
24receives, from the licensee, a request for a hearing before the
25Department to dispute the matters contained in the order.
26    Any suspension imposed under this subsection (g) shall be

 

 

HB5540 Engrossed- 127 -LRB099 16003 AMC 40320 b

1terminated by the Department upon notification from the
2Illinois Department of Revenue that the licensee is in
3compliance with all tax laws administered by the Illinois
4Department of Revenue.
5    The Department may promulgate rules for the administration
6of this subsection (g).
7    (h) The Department may grant the title "Retired", to be
8used immediately adjacent to the title of a profession
9regulated by the Department, to eligible retirees. For
10individuals licensed under the Medical Practice Act of 1987,
11the title "Retired" may be used in the profile required by the
12Patients' Right to Know Act. The use of the title "Retired"
13shall not constitute representation of current licensure,
14registration, or certification. Any person without an active
15license, registration, or certificate in a profession that
16requires licensure, registration, or certification shall not
17be permitted to practice that profession.
18    (i) Within 180 days after December 23, 2009 (the effective
19date of Public Act 96-852), the Department shall promulgate
20rules which permit a person with a criminal record, who seeks a
21license or certificate in an occupation for which a criminal
22record is not expressly a per se bar, to apply to the
23Department for a non-binding, advisory opinion to be provided
24by the Board or body with the authority to issue the license or
25certificate as to whether his or her criminal record would bar
26the individual from the licensure or certification sought,

 

 

HB5540 Engrossed- 128 -LRB099 16003 AMC 40320 b

1should the individual meet all other licensure requirements
2including, but not limited to, the successful completion of the
3relevant examinations.
4(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
5eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised
610-16-15.)
 
7    Section 95. The Department of Public Health Powers and
8Duties Law of the Civil Administrative Code of Illinois is
9amended by setting forth, renumbering, and changing multiple
10versions of Section 2310-685 as follows:
 
11    (20 ILCS 2310/2310-685)
12    Sec. 2310-685. Health care facility; policy to encourage
13participation in capital projects.
14    (a) A health care facility shall develop a policy to
15encourage the participation of minority-owned, women-owned,
16veteran-owned, and small business enterprises in capital
17projects undertaken by the health care facility.
18    (b) A health care system may develop a system-wide policy
19in order to comply with the requirement of subsection (a) of
20this Section.
21    (c) The policy required under this Section must be
22developed no later than 6 months after January 1, 2016 (the
23effective date of Public Act 99-315) this amendatory Act of the
2499th General Assembly.

 

 

HB5540 Engrossed- 129 -LRB099 16003 AMC 40320 b

1    (d) This Section does not apply to health care facilities
2with 100 or fewer beds, health care facilities located in a
3county with a total census population of less than 3,000,000,
4or health care facilities owned or operated by a unit of local
5government or the State or federal government.
6    (e) For the purpose of this Section, "health care facility"
7has the same meaning as set forth in the Illinois Health
8Facilities Planning Act.
9(Source: P.A. 99-315, eff. 1-1-16; revised 9-28-15.)
 
10    (20 ILCS 2310/2310-690)
11    Sec. 2310-690 2310-685. Cytomegalovirus public education.
12    (a) In this Section:
13        "CMV" means cytomegalovirus.
14        "Health care provider" means any physician, hospital
15    facility, or other person that is licensed or otherwise
16    authorized to deliver health care services.
17    (b) The Department shall develop or approve and publish
18informational materials for women who may become pregnant,
19expectant parents, and parents of infants regarding:
20        (1) the incidence of CMV;
21        (2) the transmission of CMV to pregnant women and women
22    who may become pregnant;
23        (3) birth defects caused by congenital CMV;
24        (4) methods of diagnosing congenital CMV; and
25        (5) available preventive measures to avoid the

 

 

HB5540 Engrossed- 130 -LRB099 16003 AMC 40320 b

1    infection of women who are pregnant or may become pregnant.
2    (c) The Department shall publish the information required
3under subsection (b) on its Internet website.
4    (d) The Department shall publish information to:
5        (1) educate women who may become pregnant, expectant
6    parents, and parents of infants about CMV; and
7        (2) raise awareness of CMV among health care providers
8    who provide care to expectant mothers or infants.
9    (e) The Department may solicit and accept the assistance of
10any relevant medical associations or community resources,
11including faith-based resources, to promote education about
12CMV under this Section.
13    (f) If a newborn infant fails the 2 initial hearing
14screenings in the hospital, then the hospital performing that
15screening shall provide to the parents of the newborn infant
16information regarding: (i) birth defects caused by congenital
17CMV; (ii) testing opportunities and options for CMV, including
18the opportunity to test for CMV before leaving the hospital;
19and (iii) early intervention services. Health care providers
20may use the materials developed by the Department for
21distribution to parents of newborn infants.
22(Source: P.A. 99-424, eff. 1-1-16; revised 9-28-15.)
 
23    Section 100. The Disabilities Services Act of 2003 is
24amended by changing Section 52 as follows:
 

 

 

HB5540 Engrossed- 131 -LRB099 16003 AMC 40320 b

1    (20 ILCS 2407/52)
2    Sec. 52. Applicability; definitions. In accordance with
3Section 6071 of the Deficit Reduction Act of 2005 (P.L.
4109-171), as used in this Article:
5    "Departments". The term "Departments" means for the
6purposes of this Act, the Department of Human Services, the
7Department on Aging, Department of Healthcare and Family
8Services and Department of Public Health, unless otherwise
9noted.
10    "Home and community-based long-term care services". The
11term "home and community-based long-term care services" means,
12with respect to the State Medicaid program, a service aid, or
13benefit, home and community-based services, including, but not
14limited to, home health and personal care services, that are
15provided to a person with a disability, and are voluntarily
16accepted, as part of his or her long-term care that: (i) is
17provided under the State's qualified home and community-based
18program or that could be provided under such a program but is
19otherwise provided under the Medicaid program; (ii) is
20delivered in a qualified residence; and (iii) is necessary for
21the person with a disability to live in the community.
22    "ID/DD community care facility". The term "ID/DD community
23care facility", for the purposes of this Article, means a
24skilled nursing or intermediate long-term care facility
25subject to licensure by the Department of Public Health under
26the ID/DD Community Care Act or the MC/DD Act, an intermediate

 

 

HB5540 Engrossed- 132 -LRB099 16003 AMC 40320 b

1care facility for persons with developmental disabilities
2(ICF-DDs), and a State-operated developmental center or mental
3health center, whether publicly or privately owned.
4    "Money Follows the Person" Demonstration. Enacted by the
5Deficit Reduction Act of 2005, the Money Follows the Person
6(MFP) Rebalancing Demonstration is part of a comprehensive,
7coordinated strategy to assist states, in collaboration with
8stakeholders, to make widespread changes to their long-term
9care support systems. This initiative will assist states in
10their efforts to reduce their reliance on institutional care
11while developing community-based long-term care opportunities,
12enabling the elderly and people with disabilities to fully
13participate in their communities.
14    "Public funds" mean any funds appropriated by the General
15Assembly to the Departments of Human Services, on Aging, of
16Healthcare and Family Services and of Public Health for
17settings and services as defined in this Article.
18    "Qualified residence". The term "qualified residence"
19means, with respect to an eligible individual: (i) a home owned
20or leased by the individual or the individual's authorized
21representative (as defined by P.L. 109-171); (ii) an apartment
22with an individual lease, with lockable access and egress, and
23which includes living, sleeping, bathing, and cooking areas
24over which the individual or the individual's family has domain
25and control; or (iii) a residence, in a community-based
26residential setting, in which no more than 4 unrelated

 

 

HB5540 Engrossed- 133 -LRB099 16003 AMC 40320 b

1individuals reside. Where qualified residences are not
2sufficient to meet the demand of eligible individuals,
3time-limited exceptions to this definition may be developed
4through administrative rule.
5    "Self-directed services". The term "self-directed
6services" means, with respect to home and community-based
7long-term services for an eligible individual, those services
8for the individual that are planned and purchased under the
9direction and control of the individual or the individual's
10authorized representative, including the amount, duration,
11scope, provider, and location of such services, under the State
12Medicaid program consistent with the following requirements:
13        (a) Assessment: there is an assessment of the needs,
14    capabilities, and preference of the individual with
15    respect to such services.
16        (b) Individual service care or treatment plan: based on
17    the assessment, there is development jointly with such
18    individual or individual's authorized representative, a
19    plan for such services for the individual that (i)
20    specifies those services, if any, that the individual or
21    the individual's authorized representative would be
22    responsible for directing; (ii) identifies the methods by
23    which the individual or the individual's authorized
24    representative or an agency designated by an individual or
25    representative will select, manage, and dismiss providers
26    of such services.

 

 

HB5540 Engrossed- 134 -LRB099 16003 AMC 40320 b

1(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
2revised 11-3-15.)
 
3    Section 105. The Criminal Identification Act is amended by
4changing Section 5.2 as follows:
 
5    (20 ILCS 2630/5.2)
6    Sec. 5.2. Expungement and sealing.
7    (a) General Provisions.
8        (1) Definitions. In this Act, words and phrases have
9    the meanings set forth in this subsection, except when a
10    particular context clearly requires a different meaning.
11            (A) The following terms shall have the meanings
12        ascribed to them in the Unified Code of Corrections,
13        730 ILCS 5/5-1-2 through 5/5-1-22:
14                (i) Business Offense (730 ILCS 5/5-1-2),
15                (ii) Charge (730 ILCS 5/5-1-3),
16                (iii) Court (730 ILCS 5/5-1-6),
17                (iv) Defendant (730 ILCS 5/5-1-7),
18                (v) Felony (730 ILCS 5/5-1-9),
19                (vi) Imprisonment (730 ILCS 5/5-1-10),
20                (vii) Judgment (730 ILCS 5/5-1-12),
21                (viii) Misdemeanor (730 ILCS 5/5-1-14),
22                (ix) Offense (730 ILCS 5/5-1-15),
23                (x) Parole (730 ILCS 5/5-1-16),
24                (xi) Petty Offense (730 ILCS 5/5-1-17),

 

 

HB5540 Engrossed- 135 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 136 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 137 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 138 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 139 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 140 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 141 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 142 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 143 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 144 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 145 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 146 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 147 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 148 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 149 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 150 -LRB099 16003 AMC 40320 b

1    identified as eligible under subsection (c)(2) may be
2    sealed as follows:
3            (A) Records identified as eligible under
4        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
5        time.
6            (B) Except as otherwise provided in subparagraph
7        (E) of this paragraph (3), records identified as
8        eligible under subsection (c)(2)(C) may be sealed 2
9        years after the termination of petitioner's last
10        sentence (as defined in subsection (a)(1)(F)).
11            (C) Except as otherwise provided in subparagraph
12        (E) of this paragraph (3), records identified as
13        eligible under subsections (c)(2)(D), (c)(2)(E), and
14        (c)(2)(F) may be sealed 3 years after the termination
15        of the petitioner's last sentence (as defined in
16        subsection (a)(1)(F)).
17            (D) Records identified in subsection
18        (a)(3)(A)(iii) may be sealed after the petitioner has
19        reached the age of 25 years.
20            (E) Records identified as eligible under
21        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
22        (c)(2)(F) may be sealed upon termination of the
23        petitioner's last sentence if the petitioner earned a
24        high school diploma, associate's degree, career
25        certificate, vocational technical certification, or
26        bachelor's degree, or passed the high school level Test

 

 

HB5540 Engrossed- 151 -LRB099 16003 AMC 40320 b

1        of General Educational Development, during the period
2        of his or her sentence, aftercare release, or mandatory
3        supervised release. This subparagraph shall apply only
4        to a petitioner who has not completed the same
5        educational goal prior to the period of his or her
6        sentence, aftercare release, or mandatory supervised
7        release. If a petition for sealing eligible records
8        filed under this subparagraph is denied by the court,
9        the time periods under subparagraph (B) or (C) shall
10        apply to any subsequent petition for sealing filed by
11        the petitioner.
12        (4) Subsequent felony convictions. A person may not
13    have subsequent felony conviction records sealed as
14    provided in this subsection (c) if he or she is convicted
15    of any felony offense after the date of the sealing of
16    prior felony convictions as provided in this subsection
17    (c). The court may, upon conviction for a subsequent felony
18    offense, order the unsealing of prior felony conviction
19    records previously ordered sealed by the court.
20        (5) Notice of eligibility for sealing. Upon entry of a
21    disposition for an eligible record under this subsection
22    (c), the petitioner shall be informed by the court of the
23    right to have the records sealed and the procedures for the
24    sealing of the records.
25    (d) Procedure. The following procedures apply to
26expungement under subsections (b), (e), and (e-6) and sealing

 

 

HB5540 Engrossed- 152 -LRB099 16003 AMC 40320 b

1under subsections (c) and (e-5):
2        (1) Filing the petition. Upon becoming eligible to
3    petition for the expungement or sealing of records under
4    this Section, the petitioner shall file a petition
5    requesting the expungement or sealing of records with the
6    clerk of the court where the arrests occurred or the
7    charges were brought, or both. If arrests occurred or
8    charges were brought in multiple jurisdictions, a petition
9    must be filed in each such jurisdiction. The petitioner
10    shall pay the applicable fee, if not waived.
11        (2) Contents of petition. The petition shall be
12    verified and shall contain the petitioner's name, date of
13    birth, current address and, for each arrest or charge not
14    initiated by arrest sought to be sealed or expunged, the
15    case number, the date of arrest (if any), the identity of
16    the arresting authority, and such other information as the
17    court may require. During the pendency of the proceeding,
18    the petitioner shall promptly notify the circuit court
19    clerk of any change of his or her address. If the
20    petitioner has received a certificate of eligibility for
21    sealing from the Prisoner Review Board under paragraph (10)
22    of subsection (a) of Section 3-3-2 of the Unified Code of
23    Corrections, the certificate shall be attached to the
24    petition.
25        (3) Drug test. The petitioner must attach to the
26    petition proof that the petitioner has passed a test taken

 

 

HB5540 Engrossed- 153 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 154 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 155 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 156 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 157 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 158 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 159 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 160 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 161 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 162 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 163 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 164 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 165 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 166 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 167 -LRB099 16003 AMC 40320 b

1(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
2eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
3eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
498-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
599-385, eff. 1-1-16; revised 10-15-15.)
 
6    Section 110. The Department of Transportation Law of the
7Civil Administrative Code of Illinois is amended by changing
8Sections 2705-565 and 2705-605 as follows:
 
9    (20 ILCS 2705/2705-565)
10    Sec. 2705-565. North Chicago property; study; conveyance.
11    (a) The Department shall perform a study of property owned
12by the Department consisting of approximately 160 acres located
13in North Chicago, south of IL Route 137, between IL Route 43
14and US Route 41. The study shall include, but not be limited
15to, a survey of the property for the purpose of delineating
16jurisdictional wetlands in accordance with the Interagency
17Wetland Policy Act of 1989 and identifying threatened and
18endangered species in accordance with the Illinois Endangered
19Species Protection Act, for the purpose of identifying property
20no longer needed for highway purposes.
21    (b) Upon completion of the study and for a period ending 3
22years after the effective date of this amendatory Act of the
2394th General Assembly, the City of North Chicago shall have an
24exclusive option to purchase for public purposes those portions

 

 

HB5540 Engrossed- 168 -LRB099 16003 AMC 40320 b

1of the property no longer needed for highway purposes for a
2consideration, which may be de minimis minimus, negotiated by
3the parties. The Department of Transportation is authorized to
4convey the excess property to the City of North Chicago
5pursuant to this Section within 3 years after the effective
6date of this amendatory Act of the 94th General Assembly, but
7may not otherwise convey or transfer the property during that
8period.
9    (c) Any conveyance to the City of North Chicago under this
10Section shall provide (i) that title to the property reverts to
11the State of Illinois if the property ceases to be used for
12public purposes and (ii) the City of North Chicago may lease
13the property but may not convey its ownership of the property
14to any party, other than the State of Illinois.
15(Source: P.A. 94-1045, eff. 7-24-06; revised 10-19-15.)
 
16    (20 ILCS 2705/2705-605)
17    Sec. 2705-605. Construction projects; notification of the
18public.
19    (a) The Department shall develop and publish a policy for
20the notification of members of the public prior to the
21commencement of construction projects which impact their
22communities. The policy shall include procedures for ensuring
23that the public is informed of construction projects, excluding
24emergency projects, which are estimated to require the closure
25of a street or lane of traffic for a period longer than 5

 

 

HB5540 Engrossed- 169 -LRB099 16003 AMC 40320 b

1consecutive business days. The policy shall include procedures
2for the notification of local public officials and affected
3businesses of affected communities and shall provide the local
4public officials the opportunity to request a meeting with the
5Department prior to the initiation of the closure.
6    (b) The policy shall be completed and published on the
7Department's Internet website by January 1, 2013.
8    (c) The Department shall work with affected stakeholders,
9including residents, businesses, and other community members,
10before and during construction by considering various methods
11to mitigate and reduce project impacts to better serve those
12directly impacted by the improvement. Those methods could
13include, but need not be limited to, detour routing and
14temporary signage.
15(Source: P.A. 97-992, eff. 1-1-13; 98-412, eff. 1-1-14; revised
1610-19-15.)
 
17    Section 115. The Department of Veterans Affairs Act is
18amended by changing Section 2.01 as follows:
 
19    (20 ILCS 2805/2.01)  (from Ch. 126 1/2, par. 67.01)
20    Sec. 2.01. Veterans Home admissions.
21    (a) Any honorably discharged veteran is entitled to
22admission to an Illinois Veterans Home if the applicant meets
23the requirements of this Section.
24    (b) The veteran must:

 

 

HB5540 Engrossed- 170 -LRB099 16003 AMC 40320 b

1        (1) have served in the armed forces of the United
2    States at least 1 day in World War II, the Korean Conflict,
3    the Viet Nam Campaign, or the Persian Gulf Conflict between
4    the dates recognized by the U.S. Department of Veterans
5    Affairs or between any other present or future dates
6    recognized by the U.S. Department of Veterans Affairs as a
7    war period, or have served in a hostile fire environment
8    and has been awarded a campaign or expeditionary medal
9    signifying his or her service, for purposes of eligibility
10    for domiciliary or nursing home care;
11        (2) have served and been honorably discharged or
12    retired from the armed forces of the United States for a
13    service connected disability or injury, for purposes of
14    eligibility for domiciliary or nursing home care;
15        (3) have served as an enlisted person at least 90 days
16    on active duty in the armed forces of the United States,
17    excluding service on active duty for training purposes
18    only, and entered active duty before September 8, 1980, for
19    purposes of eligibility for domiciliary or nursing home
20    care;
21        (4) have served as an officer at least 90 days on
22    active duty in the armed forces of the United States,
23    excluding service on active duty for training purposes
24    only, and entered active duty before October 17, 1981, for
25    purposes of eligibility for domiciliary or nursing home
26    care;

 

 

HB5540 Engrossed- 171 -LRB099 16003 AMC 40320 b

1        (5) have served on active duty in the armed forces of
2    the United States for 24 months of continuous service or
3    more, excluding active duty for training purposes only, and
4    enlisted after September 7, 1980, for purposes of
5    eligibility for domiciliary or nursing home care;
6        (6) have served as a reservist in the armed forces of
7    the United States or the National Guard and the service
8    included being called to federal active duty, excluding
9    service on active duty for training purposes only, and who
10    completed the term, for purposes of eligibility for
11    domiciliary or nursing home care;
12        (7) have been discharged for reasons of hardship or
13    released from active duty due to a reduction in the United
14    States armed forces prior to the completion of the required
15    period of service, regardless of the actual time served,
16    for purposes of eligibility for domiciliary or nursing home
17    care; or
18        (8) have served in the National Guard or Reserve Forces
19    of the United States and completed 20 years of satisfactory
20    service, be otherwise eligible to receive reserve or active
21    duty retirement benefits, and have been an Illinois
22    resident for at least one year before applying for
23    admission for purposes of eligibility for domiciliary care
24    only.
25    (c) The veteran must have service accredited to the State
26of Illinois or have been a resident of this State for one year

 

 

HB5540 Engrossed- 172 -LRB099 16003 AMC 40320 b

1immediately preceding the date of application.
2    (d) For admission to the Illinois Veterans Homes at Anna
3and Quincy, the veteran must have developed a disability by
4disease, wounds, or otherwise and because of the disability be
5incapable of earning a living.
6    (e) For admission to the Illinois Veterans Homes at LaSalle
7and Manteno, the veteran must have developed a disability by
8disease, wounds, or otherwise and, for purposes of eligibility
9for nursing home care, require nursing care because of the
10disability.
11    (f) An individual who served during a time of conflict as
12set forth in paragraph (1) of subsection (b) subsection (a)(1)
13of this Section has preference over all other qualifying
14candidates, for purposes of eligibility for domiciliary or
15nursing home care at any Illinois Veterans Home.
16    (g) A veteran or spouse, once admitted to an Illinois
17Veterans Home facility, is considered a resident for
18interfacility purposes.
19(Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15;
20revised 10-19-15.)
 
21    Section 120. The Historic Preservation Agency Act is
22amended by changing Section 16 as follows:
 
23    (20 ILCS 3405/16)  (from Ch. 127, par. 2716)
24    Sec. 16. The Historic Sites and Preservation Division of

 

 

HB5540 Engrossed- 173 -LRB099 16003 AMC 40320 b

1the Agency shall have the following additional powers:
2    (a) To hire agents and employees necessary to carry out the
3duties and purposes of the Historic Sites and Preservation
4Division of the Agency.
5    (b) To take all measures necessary to erect, maintain,
6preserve, restore, and conserve all State Historic Sites and
7State Memorials, except when supervision and maintenance is
8otherwise provided by law. This authorization includes the
9power, with the consent of the Board, to enter into contracts,
10acquire and dispose of real and personal property, and enter
11into leases of real and personal property. The Agency has the
12power to acquire, for purposes authorized by law, any real
13property in fee simple subject to a life estate in the seller
14in not more than 3 acres of the real property acquired, subject
15to the restrictions that the life estate shall be used for
16residential purposes only and that it shall be
17non-transferable.
18    (c) To provide recreational facilities, including
19campsites camp sites, lodges and cabins, trails, picnic areas,
20and related recreational facilities, at all sites under the
21jurisdiction of the Agency.
22    (d) To lay out, construct, and maintain all needful roads,
23parking areas, paths or trails, bridges, camp or lodge sites,
24picnic areas, lodges and cabins, and any other structures and
25improvements necessary and appropriate in any State historic
26site or easement thereto; and to provide water supplies, heat

 

 

HB5540 Engrossed- 174 -LRB099 16003 AMC 40320 b

1and light, and sanitary facilities for the public and living
2quarters for the custodians and keepers of State historic
3sites.
4    (e) To grant licenses and rights-of-way within the areas
5controlled by the Historic Sites and Preservation Division of
6the Agency for the construction, operation, and maintenance
7upon, under or across the property, of facilities for water,
8sewage, telephone, telegraph, electric, gas, or other public
9service, subject to the terms and conditions as may be
10determined by the Agency.
11    (f) To authorize the officers, employees, and agents of the
12Historic Sites and Preservation Division of the Agency, for the
13purposes of investigation and to exercise the rights, powers,
14and duties vested and that may be vested in it, to enter and
15cross all lands and waters in this State, doing no damage to
16private property.
17    (g) To transfer jurisdiction of or exchange any realty
18under the control of the Historic Sites and Preservation
19Division of the Agency to any other Department of the State
20Government, or to any agency of the Federal Government, or to
21acquire or accept Federal lands, when any transfer, exchange,
22acquisition, or acceptance is advantageous to the State and is
23approved in writing by the Governor.
24    (h) To erect, supervise, and maintain all public monuments
25and memorials erected by the State, except when the supervision
26and maintenance of public monuments and memorials is otherwise

 

 

HB5540 Engrossed- 175 -LRB099 16003 AMC 40320 b

1provided by law.
2    (i) To accept, hold, maintain, and administer, as trustee,
3property given in trust for educational or historic purposes
4for the benefit of the People of the State of Illinois and to
5dispose, with the consent of the Board, of any property under
6the terms of the instrument creating the trust.
7    (j) To lease concessions on any property under the
8jurisdiction of the Agency for a period not exceeding 25 years
9and to lease a concession complex at Lincoln's New Salem State
10Historic Site for which a cash incentive has been authorized
11under Section 5.1 of the Historic Preservation Agency Act for a
12period not to exceed 40 years. All leases, for whatever period,
13shall be made subject to the written approval of the Governor.
14All concession leases extending for a period in excess of 10
15years, will contain provisions for the Agency to participate,
16on a percentage basis, in the revenues generated by any
17concession operation.
18    The Agency is authorized to allow for provisions for a
19reserve account and a leasehold account within Agency
20concession lease agreements for the purpose of setting aside
21revenues for the maintenance, rehabilitation, repair,
22improvement, and replacement of the concession facility,
23structure, and equipment of the Agency that are part of the
24leased premises.
25    The lessee shall be required to pay into the reserve
26account a percentage of gross receipts, as set forth in the

 

 

HB5540 Engrossed- 176 -LRB099 16003 AMC 40320 b

1lease, to be set aside and expended in a manner acceptable to
2the Agency by the concession lessee for the purpose of ensuring
3that an appropriate amount of the lessee's moneys are provided
4by the lessee to satisfy the lessee's incurred responsibilities
5for the operation of the concession facility under the terms
6and conditions of the concession lease.
7    The lessee account shall allow for the amortization of
8certain authorized expenses that are incurred by the concession
9lessee but that are not an obligation of the lessee under the
10terms and conditions of the lease agreement. The Agency may
11allow a reduction of up to 50% of the monthly rent due for the
12purpose of enabling the recoupment of the lessee's authorized
13expenditures during the term of the lease.
14    (k) To sell surplus agricultural products grown on land
15owned by or under the jurisdiction of the Historic Sites and
16Preservation Division of the Agency, when the products cannot
17be used by the Agency.
18    (l) To enforce the laws of the State and the rules and
19regulations of the Agency in or on any lands owned, leased, or
20managed by the Historic Sites and Preservation Division of the
21Agency.
22    (m) To cooperate with private organizations and agencies of
23the State of Illinois by providing areas and the use of staff
24personnel where feasible for the sale of publications on the
25historic and cultural heritage of the State and craft items
26made by Illinois craftsmen. These sales shall not conflict with

 

 

HB5540 Engrossed- 177 -LRB099 16003 AMC 40320 b

1existing concession agreements. The Historic Sites and
2Preservation Division of the Agency is authorized to negotiate
3with the organizations and agencies for a portion of the monies
4received from sales to be returned to the Historic Sites and
5Preservation Division of the Agency's Historic Sites Fund for
6the furtherance of interpretive and restoration programs.
7    (n) To establish local bank or savings and loan association
8accounts, upon the written authorization of the Director, to
9temporarily hold income received at any of its properties. The
10local accounts established under this Section shall be in the
11name of the Historic Preservation Agency and shall be subject
12to regular audits. The balance in a local bank or savings and
13loan association account shall be forwarded to the Agency for
14deposit with the State Treasurer on Monday of each week if the
15amount to be deposited in a fund exceeds $500.
16    No bank or savings and loan association shall receive
17public funds as permitted by this Section, unless it has
18complied with the requirements established under Section 6 of
19the Public Funds Investment Act.
20    (o) To accept, with the consent of the Board, offers of
21gifts, gratuities, or grants from the federal government, its
22agencies, or offices, or from any person, firm, or corporation.
23    (p) To make reasonable rules and regulations as may be
24necessary to discharge the duties of the Agency.
25    (q) With appropriate cultural organizations, to further
26and advance the goals of the Agency.

 

 

HB5540 Engrossed- 178 -LRB099 16003 AMC 40320 b

1    (r) To make grants for the purposes of planning, survey,
2rehabilitation, restoration, reconstruction, landscaping, and
3acquisition of Illinois properties (i) designated individually
4in the National Register of Historic Places, (ii) designated as
5a landmark under a county or municipal landmark ordinance, or
6(iii) located within a National Register of Historic Places
7historic district or a locally designated historic district
8when the Director determines that the property is of historic
9significance whenever an appropriation is made therefor by the
10General Assembly or whenever gifts or grants are received for
11that purpose and to promulgate regulations as may be necessary
12or desirable to carry out the purposes of the grants.
13    Grantees may, as prescribed by rule, be required to provide
14matching funds for each grant. Grants made under this
15subsection shall be known as Illinois Heritage Grants.
16    Every owner of a historic property, or the owner's agent,
17is eligible to apply for a grant under this subsection.
18    (s) To establish and implement a pilot program for charging
19admission to State historic sites. Fees may be charged for
20special events, admissions, and parking or any combination;
21fees may be charged at all sites or selected sites. All fees
22shall be deposited into the Illinois Historic Sites Fund. The
23Historic Sites and Preservation Division of the Agency shall
24have the discretion to set and adjust reasonable fees at the
25various sites, taking into consideration various factors,
26including, but not limited to: cost of services furnished to

 

 

HB5540 Engrossed- 179 -LRB099 16003 AMC 40320 b

1each visitor, impact of fees on attendance and tourism, and the
2costs expended collecting the fees. The Agency shall keep
3careful records of the income and expenses resulting from the
4imposition of fees, shall keep records as to the attendance at
5each historic site, and shall report to the Governor and
6General Assembly by January 31 after the close of each year.
7The report shall include information on costs, expenses,
8attendance, comments by visitors, and any other information the
9Agency may believe pertinent, including:
10        (1) Recommendations as to whether fees should be
11    continued at each State historic site.
12        (2) How the fees should be structured and imposed.
13        (3) Estimates of revenues and expenses associated with
14    each site.
15    (t) To provide for overnight tent and trailer campsites and
16to provide suitable housing facilities for student and juvenile
17overnight camping groups. The Historic Sites and Preservation
18Division of the Agency shall charge rates similar to those
19charged by the Department of Conservation for the same or
20similar facilities and services.
21    (u) To engage in marketing activities designed to promote
22the sites and programs administered by the Agency. In
23undertaking these activities, the Agency may take all necessary
24steps with respect to products and services, including, but not
25limited to, retail sales, wholesale sales, direct marketing,
26mail order sales, telephone sales, advertising and promotion,

 

 

HB5540 Engrossed- 180 -LRB099 16003 AMC 40320 b

1purchase of product and materials inventory, design, printing
2and manufacturing of new products, reproductions, and
3adaptations, copyright and trademark licensing and royalty
4agreements, and payment of applicable taxes. In addition, the
5Agency shall have the authority to sell advertising in its
6publications and printed materials. All income from marketing
7activities shall be deposited into the Illinois Historic Sites
8Fund.
9(Source: P.A. 95-140, eff. 1-1-08; revised 10-14-15.)
 
10    Section 125. The Illinois Health Information Exchange and
11Technology Act is amended by changing Section 20 as follows:
 
12    (20 ILCS 3860/20)
13    (Section scheduled to be repealed on January 1, 2021)
14    Sec. 20. Powers and duties of the Illinois Health
15Information Exchange Authority. The Authority has the
16following powers, together with all powers incidental or
17necessary to accomplish the purposes of this Act:
18        (1) The Authority shall create and administer the ILHIE
19    using information systems and processes that are secure,
20    are cost effective, and meet all other relevant privacy and
21    security requirements under State and federal law.
22        (2) The Authority shall establish and adopt standards
23    and requirements for the use of health information and the
24    requirements for participation in the ILHIE by persons or

 

 

HB5540 Engrossed- 181 -LRB099 16003 AMC 40320 b

1    entities including, but not limited to, health care
2    providers, payors, and local health information exchanges.
3        (3) The Authority shall establish minimum standards
4    for accessing the ILHIE to ensure that the appropriate
5    security and privacy protections apply to health
6    information, consistent with applicable federal and State
7    standards and laws. The Authority shall have the power to
8    suspend, limit, or terminate the right to participate in
9    the ILHIE for non-compliance or failure to act, with
10    respect to applicable standards and laws, in the best
11    interests of patients, users of the ILHIE, or the public.
12    The Authority may seek all remedies allowed by law to
13    address any violation of the terms of participation in the
14    ILHIE.
15        (4) The Authority shall identify barriers to the
16    adoption of electronic health records systems, including
17    researching the rates and patterns of dissemination and use
18    of electronic health record systems throughout the State.
19    The Authority shall make the results of the research
20    available on its website.
21        (5) The Authority shall prepare educational materials
22    and educate the general public on the benefits of
23    electronic health records, the ILHIE, and the safeguards
24    available to prevent unauthorized disclosure of health
25    information.
26        (6) The Authority may appoint or designate an

 

 

HB5540 Engrossed- 182 -LRB099 16003 AMC 40320 b

1    institutional review board in accordance with federal and
2    State law to review and approve requests for research in
3    order to ensure compliance with standards and patient
4    privacy and security protections as specified in paragraph
5    (3) of this Section.
6        (7) The Authority may enter into all contracts and
7    agreements necessary or incidental to the performance of
8    its powers under this Act. The Authority's expenditures of
9    private funds are exempt from the Illinois Procurement
10    Code, pursuant to Section 1-10 of that Act. Notwithstanding
11    this exception, the Authority shall comply with the
12    Business Enterprise for Minorities, Females, and Persons
13    with Disabilities Act.
14        (8) The Authority may solicit and accept grants, loans,
15    contributions, or appropriations from any public or
16    private source and may expend those moneys, through
17    contracts, grants, loans, or agreements, on activities it
18    considers suitable to the performance of its duties under
19    this Act.
20        (9) The Authority may determine, charge, and collect
21    any fees, charges, costs, and expenses from any healthcare
22    provider or entity in connection with its duties under this
23    Act. Moneys collected under this paragraph (9) shall be
24    deposited into the Health Information Exchange Fund.
25        (10) The Authority may, under the direction of the
26    Executive Director, employ and discharge staff, including

 

 

HB5540 Engrossed- 183 -LRB099 16003 AMC 40320 b

1    administrative, technical, expert, professional, and legal
2    staff, as is necessary or convenient to carry out the
3    purposes of this Act. The Authority may establish and
4    administer standards of classification regarding
5    compensation, benefits, duties, performance, and tenure
6    for that staff and may enter into contracts of employment
7    with members of that staff for such periods and on such
8    terms as the Authority deems desirable. All employees of
9    the Authority are exempt from the Personnel Code as
10    provided by Section 4 of the Personnel Code.
11        (11) The Authority shall consult and coordinate with
12    the Department of Public Health to further the Authority's
13    collection of health information from health care
14    providers for public health purposes. The collection of
15    public health information shall include identifiable
16    information for use by the Authority or other State
17    agencies to comply with State and federal laws. Any
18    identifiable information so collected shall be privileged
19    and confidential in accordance with Sections 8-2101,
20    8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil
21    Procedure.
22        (12) All identified or deidentified health information
23    in the form of health data or medical records contained in,
24    stored in, submitted to, transferred by, or released from
25    the Illinois Health Information Exchange, and identified
26    or deidentified health information in the form of health

 

 

HB5540 Engrossed- 184 -LRB099 16003 AMC 40320 b

1    data and medical records of the Illinois Health Information
2    Exchange in the possession of the Illinois Health
3    Information Exchange Authority due to its administration
4    of the Illinois Health Information Exchange, shall be
5    exempt from inspection and copying under the Freedom of
6    Information Act. The terms "identified" and "deidentified"
7    shall be given the same meaning as in the Health Insurance
8    Portability and Accountability and Portability Act of
9    1996, Public Law 104-191, or any subsequent amendments
10    thereto, and any regulations promulgated thereunder.
11        (13) To address gaps in the adoption of, workforce
12    preparation for, and exchange of electronic health records
13    that result in regional and socioeconomic disparities in
14    the delivery of care, the Authority may evaluate such gaps
15    and provide resources as available, giving priority to
16    healthcare providers serving a significant percentage of
17    Medicaid or uninsured patients and in medically
18    underserved or rural areas.
19(Source: P.A. 96-1331, eff. 7-27-10; revised 10-13-15.)
 
20    Section 130. The Illinois Health Facilities Planning Act is
21amended by changing Sections 12 and 14.1 as follows:
 
22    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
23    (Section scheduled to be repealed on December 31, 2019)
24    Sec. 12. Powers and duties of State Board. For purposes of

 

 

HB5540 Engrossed- 185 -LRB099 16003 AMC 40320 b

1this Act, the State Board shall exercise the following powers
2and duties:
3    (1) Prescribe rules, regulations, standards, criteria,
4procedures or reviews which may vary according to the purpose
5for which a particular review is being conducted or the type of
6project reviewed and which are required to carry out the
7provisions and purposes of this Act. Policies and procedures of
8the State Board shall take into consideration the priorities
9and needs of medically underserved areas and other health care
10services identified through the comprehensive health planning
11process, giving special consideration to the impact of projects
12on access to safety net services.
13    (2) Adopt procedures for public notice and hearing on all
14proposed rules, regulations, standards, criteria, and plans
15required to carry out the provisions of this Act.
16    (3) (Blank).
17    (4) Develop criteria and standards for health care
18facilities planning, conduct statewide inventories of health
19care facilities, maintain an updated inventory on the Board's
20web site reflecting the most recent bed and service changes and
21updated need determinations when new census data become
22available or new need formulae are adopted, and develop health
23care facility plans which shall be utilized in the review of
24applications for permit under this Act. Such health facility
25plans shall be coordinated by the Board with pertinent State
26Plans. Inventories pursuant to this Section of skilled or

 

 

HB5540 Engrossed- 186 -LRB099 16003 AMC 40320 b

1intermediate care facilities licensed under the Nursing Home
2Care Act, skilled or intermediate care facilities licensed
3under the ID/DD Community Care Act, skilled or intermediate
4care facilities licensed under the MC/DD Act, facilities
5licensed under the Specialized Mental Health Rehabilitation
6Act of 2013, or nursing homes licensed under the Hospital
7Licensing Act shall be conducted on an annual basis no later
8than July 1 of each year and shall include among the
9information requested a list of all services provided by a
10facility to its residents and to the community at large and
11differentiate between active and inactive beds.
12    In developing health care facility plans, the State Board
13shall consider, but shall not be limited to, the following:
14        (a) The size, composition and growth of the population
15    of the area to be served;
16        (b) The number of existing and planned facilities
17    offering similar programs;
18        (c) The extent of utilization of existing facilities;
19        (d) The availability of facilities which may serve as
20    alternatives or substitutes;
21        (e) The availability of personnel necessary to the
22    operation of the facility;
23        (f) Multi-institutional planning and the establishment
24    of multi-institutional systems where feasible;
25        (g) The financial and economic feasibility of proposed
26    construction or modification; and

 

 

HB5540 Engrossed- 187 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 188 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 189 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 190 -LRB099 16003 AMC 40320 b

1modify health care facilities which are needed for the care and
2treatment of persons who have acquired immunodeficiency
3syndrome (AIDS) or related conditions.
4    (10.5) Provide its rationale when voting on an item before
5it at a State Board meeting in order to comply with subsection
6(b) of Section 3-108 of the Code of Civil Procedure.
7    (11) Issue written decisions upon request of the applicant
8or an adversely affected party to the Board. Requests for a
9written decision shall be made within 15 days after the Board
10meeting in which a final decision has been made. A "final
11decision" for purposes of this Act is the decision to approve
12or deny an application, or take other actions permitted under
13this Act, at the time and date of the meeting that such action
14is scheduled by the Board. The transcript of the State Board
15meeting shall be incorporated into the Board's final decision.
16The staff of the Board shall prepare a written copy of the
17final decision and the Board shall approve a final copy for
18inclusion in the formal record. The Board shall consider, for
19approval, the written draft of the final decision no later than
20the next scheduled Board meeting. The written decision shall
21identify the applicable criteria and factors listed in this Act
22and the Board's regulations that were taken into consideration
23by the Board when coming to a final decision. If the Board
24denies or fails to approve an application for permit or
25exemption, the Board shall include in the final decision a
26detailed explanation as to why the application was denied and

 

 

HB5540 Engrossed- 191 -LRB099 16003 AMC 40320 b

1identify what specific criteria or standards the applicant did
2not fulfill.
3    (12) Require at least one of its members to participate in
4any public hearing, after the appointment of a majority of the
5members to the Board.
6    (13) Provide a mechanism for the public to comment on, and
7request changes to, draft rules and standards.
8    (14) Implement public information campaigns to regularly
9inform the general public about the opportunity for public
10hearings and public hearing procedures.
11    (15) Establish a separate set of rules and guidelines for
12long-term care that recognizes that nursing homes are a
13different business line and service model from other regulated
14facilities. An open and transparent process shall be developed
15that considers the following: how skilled nursing fits in the
16continuum of care with other care providers, modernization of
17nursing homes, establishment of more private rooms,
18development of alternative services, and current trends in
19long-term care services. The Chairman of the Board shall
20appoint a permanent Health Services Review Board Long-term Care
21Facility Advisory Subcommittee that shall develop and
22recommend to the Board the rules to be established by the Board
23under this paragraph (15). The Subcommittee shall also provide
24continuous review and commentary on policies and procedures
25relative to long-term care and the review of related projects.
26The Subcommittee shall make recommendations to the Board no

 

 

HB5540 Engrossed- 192 -LRB099 16003 AMC 40320 b

1later than January 1, 2016 and every January thereafter
2pursuant to the Subcommittee's responsibility for the
3continuous review and commentary on policies and procedures
4relative to long-term care. In consultation with other experts
5from the health field of long-term care, the Board and the
6Subcommittee shall study new approaches to the current bed need
7formula and Health Service Area boundaries to encourage
8flexibility and innovation in design models reflective of the
9changing long-term care marketplace and consumer preferences
10and submit its recommendations to the Chairman of the Board no
11later than January 1, 2017. The Subcommittee shall evaluate,
12and make recommendations to the State Board regarding, the
13buying, selling, and exchange of beds between long-term care
14facilities within a specified geographic area or drive time.
15The Board shall file the proposed related administrative rules
16for the separate rules and guidelines for long-term care
17required by this paragraph (15) by no later than September 30,
182011. The Subcommittee shall be provided a reasonable and
19timely opportunity to review and comment on any review,
20revision, or updating of the criteria, standards, procedures,
21and rules used to evaluate project applications as provided
22under Section 12.3 of this Act.
23    The Chairman of the Board shall appoint voting members of
24the Subcommittee, who shall serve for a period of 3 years, with
25one-third of the terms expiring each January, to be determined
26by lot. Appointees shall include, but not be limited to,

 

 

HB5540 Engrossed- 193 -LRB099 16003 AMC 40320 b

1recommendations from each of the 3 statewide long-term care
2associations, with an equal number to be appointed from each.
3Compliance with this provision shall be through the appointment
4and reappointment process. All appointees serving as of April
51, 2015 shall serve to the end of their term as determined by
6lot or until the appointee voluntarily resigns, whichever is
7earlier.
8    One representative from the Department of Public Health,
9the Department of Healthcare and Family Services, the
10Department on Aging, and the Department of Human Services may
11each serve as an ex-officio non-voting member of the
12Subcommittee. The Chairman of the Board shall select a
13Subcommittee Chair, who shall serve for a period of 3 years.
14    (16) Prescribe the format of the State Board Staff Report.
15A State Board Staff Report shall pertain to applications that
16include, but are not limited to, applications for permit or
17exemption, applications for permit renewal, applications for
18extension of the obligation period, applications requesting a
19declaratory ruling, or applications under the Health Care
20Worker Self-Referral Act. State Board Staff Reports shall
21compare applications to the relevant review criteria under the
22Board's rules.
23    (17) Establish a separate set of rules and guidelines for
24facilities licensed under the Specialized Mental Health
25Rehabilitation Act of 2013. An application for the
26re-establishment of a facility in connection with the

 

 

HB5540 Engrossed- 194 -LRB099 16003 AMC 40320 b

1relocation of the facility shall not be granted unless the
2applicant has a contractual relationship with at least one
3hospital to provide emergency and inpatient mental health
4services required by facility consumers, and at least one
5community mental health agency to provide oversight and
6assistance to facility consumers while living in the facility,
7and appropriate services, including case management, to assist
8them to prepare for discharge and reside stably in the
9community thereafter. No new facilities licensed under the
10Specialized Mental Health Rehabilitation Act of 2013 shall be
11established after June 16, 2014 (the effective date of Public
12Act 98-651) except in connection with the relocation of an
13existing facility to a new location. An application for a new
14location shall not be approved unless there are adequate
15community services accessible to the consumers within a
16reasonable distance, or by use of public transportation, so as
17to facilitate the goal of achieving maximum individual
18self-care and independence. At no time shall the total number
19of authorized beds under this Act in facilities licensed under
20the Specialized Mental Health Rehabilitation Act of 2013 exceed
21the number of authorized beds on June 16, 2014 (the effective
22date of Public Act 98-651).
23(Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13;
2498-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff.
257-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277,
26eff. 8-5-15; revised 10-15-15.)
 

 

 

HB5540 Engrossed- 195 -LRB099 16003 AMC 40320 b

1    (20 ILCS 3960/14.1)
2    Sec. 14.1. Denial of permit; other sanctions.
3    (a) The State Board may deny an application for a permit or
4may revoke or take other action as permitted by this Act with
5regard to a permit as the State Board deems appropriate,
6including the imposition of fines as set forth in this Section,
7for any one or a combination of the following:
8        (1) The acquisition of major medical equipment without
9    a permit or in violation of the terms of a permit.
10        (2) The establishment, construction, modification, or
11    change of ownership of a health care facility without a
12    permit or exemption or in violation of the terms of a
13    permit.
14        (3) The violation of any provision of this Act or any
15    rule adopted under this Act.
16        (4) The failure, by any person subject to this Act, to
17    provide information requested by the State Board or Agency
18    within 30 days after a formal written request for the
19    information.
20        (5) The failure to pay any fine imposed under this
21    Section within 30 days of its imposition.
22    (a-5) For facilities licensed under the ID/DD Community
23Care Act, no permit shall be denied on the basis of prior
24operator history, other than for actions specified under item
25(2), (4), or (5) of Section 3-117 of the ID/DD Community Care

 

 

HB5540 Engrossed- 196 -LRB099 16003 AMC 40320 b

1Act. For facilities licensed under the MC/DD Act, no permit
2shall be denied on the basis of prior operator history, other
3than for actions specified under item (2), (4), or (5) of
4Section 3-117 of the MC/DD Act. For facilities licensed under
5the Specialized Mental Health Rehabilitation Act of 2013, no
6permit shall be denied on the basis of prior operator history,
7other than for actions specified under item (2), (4), or (5) of
8Section 3-117 of the Specialized Mental Health Rehabilitation
9Act of 2013. For facilities licensed under the Nursing Home
10Care Act, no permit shall be denied on the basis of prior
11operator history, other than for: (i) actions specified under
12item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
13Home Care Act; (ii) actions specified under item (a)(6) of
14Section 3-119 of the Nursing Home Care Act; or (iii) actions
15within the preceding 5 years constituting a substantial and
16repeated failure to comply with the Nursing Home Care Act or
17the rules and regulations adopted by the Department under that
18Act. The State Board shall not deny a permit on account of any
19action described in this subsection (a-5) without also
20considering all such actions in the light of all relevant
21information available to the State Board, including whether the
22permit is sought to substantially comply with a mandatory or
23voluntary plan of correction associated with any action
24described in this subsection (a-5).
25    (b) Persons shall be subject to fines as follows:
26        (1) A permit holder who fails to comply with the

 

 

HB5540 Engrossed- 197 -LRB099 16003 AMC 40320 b

1    requirements of maintaining a valid permit shall be fined
2    an amount not to exceed 1% of the approved permit amount
3    plus an additional 1% of the approved permit amount for
4    each 30-day period, or fraction thereof, that the violation
5    continues.
6        (2) A permit holder who alters the scope of an approved
7    project or whose project costs exceed the allowable permit
8    amount without first obtaining approval from the State
9    Board shall be fined an amount not to exceed the sum of (i)
10    the lesser of $25,000 or 2% of the approved permit amount
11    and (ii) in those cases where the approved permit amount is
12    exceeded by more than $1,000,000, an additional $20,000 for
13    each $1,000,000, or fraction thereof, in excess of the
14    approved permit amount.
15        (2.5) A permit holder who fails to comply with the
16    post-permit and reporting requirements set forth in
17    Section 5 shall be fined an amount not to exceed $10,000
18    plus an additional $10,000 for each 30-day period, or
19    fraction thereof, that the violation continues. This fine
20    shall continue to accrue until the date that (i) the
21    post-permit requirements are met and the post-permit
22    reports are received by the State Board or (ii) the matter
23    is referred by the State Board to the State Board's legal
24    counsel. The accrued fine is not waived by the permit
25    holder submitting the required information and reports.
26    Prior to any fine beginning to accrue, the Board shall

 

 

HB5540 Engrossed- 198 -LRB099 16003 AMC 40320 b

1    notify, in writing, a permit holder of the due date for the
2    post-permit and reporting requirements no later than 30
3    days before the due date for the requirements. This
4    paragraph (2.5) takes effect 6 months after August 27, 2012
5    (the effective date of Public Act 97-1115).
6        (3) A person who acquires major medical equipment or
7    who establishes a category of service without first
8    obtaining a permit or exemption, as the case may be, shall
9    be fined an amount not to exceed $10,000 for each such
10    acquisition or category of service established plus an
11    additional $10,000 for each 30-day period, or fraction
12    thereof, that the violation continues.
13        (4) A person who constructs, modifies, establishes, or
14    changes ownership of a health care facility without first
15    obtaining a permit or exemption shall be fined an amount
16    not to exceed $25,000 plus an additional $25,000 for each
17    30-day period, or fraction thereof, that the violation
18    continues.
19        (5) A person who discontinues a health care facility or
20    a category of service without first obtaining a permit or
21    exemption shall be fined an amount not to exceed $10,000
22    plus an additional $10,000 for each 30-day period, or
23    fraction thereof, that the violation continues. For
24    purposes of this subparagraph (5), facilities licensed
25    under the Nursing Home Care Act, the ID/DD Community Care
26    Act, or the MC/DD Act, with the exceptions of facilities

 

 

HB5540 Engrossed- 199 -LRB099 16003 AMC 40320 b

1    operated by a county or Illinois Veterans Homes, are exempt
2    from this permit requirement. However, facilities licensed
3    under the Nursing Home Care Act, the ID/DD Community Care
4    Act, or the MC/DD Act must comply with Section 3-423 of the
5    Nursing Home Care Act, Section 3-423 of the ID/DD Community
6    Care Act, or Section 3-423 of the MC/DD Act and must
7    provide the Board and the Department of Human Services with
8    30 days' written notice of their intent to close.
9    Facilities licensed under the ID/DD Community Care Act or
10    the MC/DD Act also must provide the Board and the
11    Department of Human Services with 30 days' written notice
12    of their intent to reduce the number of beds for a
13    facility.
14        (6) A person subject to this Act who fails to provide
15    information requested by the State Board or Agency within
16    30 days of a formal written request shall be fined an
17    amount not to exceed $1,000 plus an additional $1,000 for
18    each 30-day period, or fraction thereof, that the
19    information is not received by the State Board or Agency.
20    (b-5) The State Board may accept in-kind services instead
21of or in combination with the imposition of a fine. This
22authorization is limited to cases where the non-compliant
23individual or entity has waived the right to an administrative
24hearing or opportunity to appear before the Board regarding the
25non-compliant matter.
26    (c) Before imposing any fine authorized under this Section,

 

 

HB5540 Engrossed- 200 -LRB099 16003 AMC 40320 b

1the State Board shall afford the person or permit holder, as
2the case may be, an appearance before the State Board and an
3opportunity for a hearing before a hearing officer appointed by
4the State Board. The hearing shall be conducted in accordance
5with Section 10. Requests for an appearance before the State
6Board must be made within 30 days after receiving notice that a
7fine will be imposed.
8    (d) All fines collected under this Act shall be transmitted
9to the State Treasurer, who shall deposit them into the
10Illinois Health Facilities Planning Fund.
11    (e) Fines imposed under this Section shall continue to
12accrue until: (i) the date that the matter is referred by the
13State Board to the Board's legal counsel; or (ii) the date that
14the health care facility becomes compliant with the Act,
15whichever is earlier.
16(Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15;
1799-180, eff. 7-29-15; revised 10-14-15.)
 
18    Section 135. The Illinois Holocaust and Genocide
19Commission Act is amended by changing Section 10 as follows:
 
20    (20 ILCS 5010/10)
21    (Section scheduled to be repealed on January 1, 2021)
22    Sec. 10. Composition of the Commission.
23    (a) The Commission is composed of 22 members as follows:
24        (1) 19 public members appointed by the Governor, one of

 

 

HB5540 Engrossed- 201 -LRB099 16003 AMC 40320 b

1    whom which shall be a student; and
2        (2) 3 ex officio members as follows:
3            (A) the State Superintendent of Education;
4            (B) the Executive Director of the Board of Higher
5        Education; and
6            (C) the Director of Veterans' Affairs.
7    (b) The President and Minority Leader of the Senate shall
8each designate a member or former member of the Senate and the
9Speaker and Minority Leader of the House of Representatives
10shall each designate a member or former member of the House of
11Representatives to advise the Commission.
12(Source: P.A. 98-793, eff. 7-28-14; revised 10-13-15.)
 
13    Section 140. The State Finance Act is amended by setting
14forth and renumbering multiple versions of Sections 5.866 and
155.867 as follows:
 
16    (30 ILCS 105/5.866)
17    Sec. 5.866. The Illinois Telecommunications Access
18Corporation Fund.
19(Source: P.A. 99-6, eff. 6-29-15.)
 
20    (30 ILCS 105/5.867)
21    Sec. 5.867. The Illinois Secure Choice Administrative
22Fund.
23(Source: P.A. 98-1150, eff. 6-1-15; 99-78, eff. 7-20-15.)
 

 

 

HB5540 Engrossed- 202 -LRB099 16003 AMC 40320 b

1    (30 ILCS 105/5.868)
2    Sec. 5.868 5.866. The Illinois ABLE Accounts
3Administrative Fund.
4(Source: P.A. 99-145, eff. 1-1-16; revised 9-29-15.)
 
5    (30 ILCS 105/5.869)
6    Sec. 5.869 5.866. The Women's Business Ownership Fund.
7(Source: P.A. 99-233, eff. 8-3-15; revised 9-29-15.)
 
8    (30 ILCS 105/5.870)
9    (Section scheduled to be repealed on December 31, 2017)
10    Sec. 5.870 5.866. The U.S.S. Illinois Commissioning Fund.
11This Section is repealed on December 31, 2017.
12(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
 
13    (30 ILCS 105/5.871)
14    Sec. 5.871 5.866. The George Bailey Memorial Fund.
15(Source: P.A. 99-455, eff. 1-1-16; revised 9-29-15.)
 
16    (30 ILCS 105/5.872)
17    Sec. 5.872 5.866. The Parity Education Fund.
18(Source: P.A. 99-480, eff. 9-9-15; revised 9-29-15.)
 
19    (30 ILCS 105/5.873)
20    Sec. 5.873 5.867. The Autism Care Fund.

 

 

HB5540 Engrossed- 203 -LRB099 16003 AMC 40320 b

1(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
 
2    Section 145. The Business Enterprise for Minorities,
3Females, and Persons with Disabilities Act is amended by
4changing Sections 2 and 4f as follows:
 
5    (30 ILCS 575/2)
6    (Section scheduled to be repealed on June 30, 2016)
7    Sec. 2. Definitions.
8    (A) For the purpose of this Act, the following terms shall
9have the following definitions:
10        (1) "Minority person" shall mean a person who is a
11    citizen or lawful permanent resident of the United States
12    and who is any of the following:
13            (a) American Indian or Alaska Native (a person
14        having origins in any of the original peoples of North
15        and South America, including Central America, and who
16        maintains tribal affiliation or community attachment).
17            (b) Asian (a person having origins in any of the
18        original peoples of the Far East, Southeast Asia, or
19        the Indian subcontinent, including, but not limited
20        to, Cambodia, China, India, Japan, Korea, Malaysia,
21        Pakistan, the Philippine Islands, Thailand, and
22        Vietnam).
23            (c) Black or African American (a person having
24        origins in any of the black racial groups of Africa).

 

 

HB5540 Engrossed- 204 -LRB099 16003 AMC 40320 b

1        Terms such as "Haitian" or "Negro" can be used in
2        addition to "Black or African American".
3            (d) Hispanic or Latino (a person of Cuban, Mexican,
4        Puerto Rican, South or Central American, or other
5        Spanish culture or origin, regardless of race).
6            (e) Native Hawaiian or Other Pacific Islander (a
7        person having origins in any of the original peoples of
8        Hawaii, Guam, Samoa, or other Pacific Islands).
9        (2) "Female" shall mean a person who is a citizen or
10    lawful permanent resident of the United States and who is
11    of the female gender.
12        (2.05) "Person with a disability" means a person who is
13    a citizen or lawful resident of the United States and is a
14    person qualifying as a person with a disability under
15    subdivision (2.1) of this subsection (A).
16        (2.1) "Person with a disability" means a person with a
17    severe physical or mental disability that:
18            (a) results from:
19            amputation,
20            arthritis,
21            autism,
22            blindness,
23            burn injury,
24            cancer,
25            cerebral palsy,
26            Crohn's disease,

 

 

HB5540 Engrossed- 205 -LRB099 16003 AMC 40320 b

1            cystic fibrosis,
2            deafness,
3            head injury,
4            heart disease,
5            hemiplegia,
6            hemophilia,
7            respiratory or pulmonary dysfunction,
8            an intellectual disability,
9            mental illness,
10            multiple sclerosis,
11            muscular dystrophy,
12            musculoskeletal disorders,
13            neurological disorders, including stroke and
14        epilepsy,
15            paraplegia,
16            quadriplegia and other spinal cord conditions,
17            sickle cell anemia,
18            ulcerative colitis,
19            specific learning disabilities, or
20            end stage renal failure disease; and
21            (b) substantially limits one or more of the
22        person's major life activities.
23        Another disability or combination of disabilities may
24    also be considered as a severe disability for the purposes
25    of item (a) of this subdivision (2.1) if it is determined
26    by an evaluation of rehabilitation potential to cause a

 

 

HB5540 Engrossed- 206 -LRB099 16003 AMC 40320 b

1    comparable degree of substantial functional limitation
2    similar to the specific list of disabilities listed in item
3    (a) of this subdivision (2.1).
4        (3) "Minority owned business" means a business which is
5    at least 51% owned by one or more minority persons, or in
6    the case of a corporation, at least 51% of the stock in
7    which is owned by one or more minority persons; and the
8    management and daily business operations of which are
9    controlled by one or more of the minority individuals who
10    own it.
11        (4) "Female owned business" means a business which is
12    at least 51% owned by one or more females, or, in the case
13    of a corporation, at least 51% of the stock in which is
14    owned by one or more females; and the management and daily
15    business operations of which are controlled by one or more
16    of the females who own it.
17        (4.1) "Business owned by a person with a disability"
18    means a business that is at least 51% owned by one or more
19    persons with a disability and the management and daily
20    business operations of which are controlled by one or more
21    of the persons with disabilities who own it. A
22    not-for-profit agency for persons with disabilities that
23    is exempt from taxation under Section 501 of the Internal
24    Revenue Code of 1986 is also considered a "business owned
25    by a person with a disability".
26        (4.2) "Council" means the Business Enterprise Council

 

 

HB5540 Engrossed- 207 -LRB099 16003 AMC 40320 b

1    for Minorities, Females, and Persons with Disabilities
2    created under Section 5 of this Act.
3        (5) "State contracts" means all contracts entered into
4    by the State, any agency or department thereof, or any
5    public institution of higher education, including
6    community college districts, regardless of the source of
7    the funds with which the contracts are paid, which are not
8    subject to federal reimbursement. "State contracts" does
9    not include contracts awarded by a retirement system,
10    pension fund, or investment board subject to Section
11    1-109.1 of the Illinois Pension Code. This definition shall
12    control over any existing definition under this Act or
13    applicable administrative rule.
14        "State construction contracts" means all State
15    contracts entered into by a State agency or public
16    institution of higher education for the repair,
17    remodeling, renovation or construction of a building or
18    structure, or for the construction or maintenance of a
19    highway defined in Article 2 of the Illinois Highway Code.
20        (6) "State agencies" shall mean all departments,
21    officers, boards, commissions, institutions and bodies
22    politic and corporate of the State, but does not include
23    the Board of Trustees of the University of Illinois, the
24    Board of Trustees of Southern Illinois University, the
25    Board of Trustees of Chicago State University, the Board of
26    Trustees of Eastern Illinois University, the Board of

 

 

HB5540 Engrossed- 208 -LRB099 16003 AMC 40320 b

1    Trustees of Governors State University, the Board of
2    Trustees of Illinois State University, the Board of
3    Trustees of Northeastern Illinois University, the Board of
4    Trustees of Northern Illinois University, the Board of
5    Trustees of Western Illinois University, municipalities or
6    other local governmental units, or other State
7    constitutional officers.
8        (7) "Public institutions of higher education" means
9    the University of Illinois, Southern Illinois University,
10    Chicago State University, Eastern Illinois University,
11    Governors State University, Illinois State University,
12    Northeastern Illinois University, Northern Illinois
13    University, Western Illinois University, the public
14    community colleges of the State, and any other public
15    universities, colleges, and community colleges now or
16    hereafter established or authorized by the General
17    Assembly.
18        (8) "Certification" means a determination made by the
19    Council or by one delegated authority from the Council to
20    make certifications, or by a State agency with statutory
21    authority to make such a certification, that a business
22    entity is a business owned by a minority, female, or person
23    with a disability for whatever purpose. A business owned
24    and controlled by females shall be certified as a "female
25    owned business". A business owned and controlled by females
26    who are also minorities shall be certified as both a

 

 

HB5540 Engrossed- 209 -LRB099 16003 AMC 40320 b

1    "female owned business" and a "minority owned business".
2        (9) "Control" means the exclusive or ultimate and sole
3    control of the business including, but not limited to,
4    capital investment and all other financial matters,
5    property, acquisitions, contract negotiations, legal
6    matters, officer-director-employee selection and
7    comprehensive hiring, operating responsibilities,
8    cost-control matters, income and dividend matters,
9    financial transactions and rights of other shareholders or
10    joint partners. Control shall be real, substantial and
11    continuing, not pro forma. Control shall include the power
12    to direct or cause the direction of the management and
13    policies of the business and to make the day-to-day as well
14    as major decisions in matters of policy, management and
15    operations. Control shall be exemplified by possessing the
16    requisite knowledge and expertise to run the particular
17    business and control shall not include simple majority or
18    absentee ownership.
19        (10) "Business" means a business that has annual gross
20    sales of less than $75,000,000 as evidenced by the federal
21    income tax return of the business. A firm with gross sales
22    in excess of this cap may apply to the Council for
23    certification for a particular contract if the firm can
24    demonstrate that the contract would have significant
25    impact on businesses owned by minorities, females, or
26    persons with disabilities as suppliers or subcontractors

 

 

HB5540 Engrossed- 210 -LRB099 16003 AMC 40320 b

1    or in employment of minorities, females, or persons with
2    disabilities.
3    (B) When a business is owned at least 51% by any
4combination of minority persons, females, or persons with
5disabilities, even though none of the 3 classes alone holds at
6least a 51% interest, the ownership requirement for purposes of
7this Act is considered to be met. The certification category
8for the business is that of the class holding the largest
9ownership interest in the business. If 2 or more classes have
10equal ownership interests, the certification category shall be
11determined by the business.
12(Source: P.A. 98-95, eff. 7-17-13; 99-143, eff. 7-27-15;
1399-462, eff. 8-25-15; revised 10-16-15.)
 
14    (30 ILCS 575/4f)
15    (Section scheduled to be repealed on June 30, 2016)
16    Sec. 4f. Award of State contracts.
17    (1) It is hereby declared to be the public policy of the
18State of Illinois to promote and encourage each State agency
19and public institution of higher education to use businesses
20owned by minorities, females, and persons with disabilities in
21the area of goods and services, including, but not limited to,
22insurance services, investment management services,
23information technology services, accounting services,
24architectural and engineering services, and legal services.
25Furthermore, each State agency and public institution of higher

 

 

HB5540 Engrossed- 211 -LRB099 16003 AMC 40320 b

1education shall utilize such firms to the greatest extent
2feasible within the bounds of financial and fiduciary prudence,
3and take affirmative steps to remove any barriers to the full
4participation of such firms in the procurement and contracting
5opportunities afforded.
6        (a) When a State agency or public institution of higher
7    education, other than a community college, awards a
8    contract for insurance services, for each State agency or
9    public institution of higher education, it shall be the
10    aspirational goal to use insurance brokers owned by
11    minorities, females, and persons with disabilities as
12    defined by this Act, for not less than 20% of the total
13    annual premiums or fees.
14        (b) When a State agency or public institution of higher
15    education, other than a community college, awards a
16    contract for investment services, for each State agency or
17    public institution of higher education, it shall be the
18    aspirational goal to use emerging investment managers
19    owned by minorities, females, and persons with
20    disabilities as defined by this Act, for not less than 20%
21    of the total funds under management. Furthermore, it is the
22    aspirational goal that not less than 20% of the direct
23    asset managers of the State funds be minorities, females,
24    and persons with disabilities.
25        (c) When a State agency or public institution of higher
26    education, other than a community college, awards

 

 

HB5540 Engrossed- 212 -LRB099 16003 AMC 40320 b

1    contracts for information technology services, accounting
2    services, architectural and engineering services, and
3    legal services, for each State agency and public
4    institution of higher education, it shall be the
5    aspirational goal to use such firms owned by minorities,
6    females, and persons with disabilities as defined by this
7    Act and lawyers who are minorities, females, and persons
8    with disabilities as defined by this Act, for not less than
9    20% of the total dollar amount of State contracts.
10        (d) When a community college awards a contract for
11    insurance services, investment services, information
12    technology services, accounting services, architectural
13    and engineering services, and legal services, it shall be
14    the aspirational goal of each community college to use
15    businesses owned by minorities, females, and persons with
16    disabilities as defined in this Act for not less than 20%
17    of the total amount spent on contracts for these services
18    collectively. When a community college awards contracts
19    for investment services, contracts awarded to investment
20    managers who are not emerging investment managers as
21    defined in this Act shall not be considered businesses
22    owned by minorities, females, or persons with disabilities
23    for the purposes of this Section.
24    (2) As used in this Section:
25        "Accounting services" means the measurement,
26    processing and communication of financial information

 

 

HB5540 Engrossed- 213 -LRB099 16003 AMC 40320 b

1    about economic entities including, but is not limited to,
2    financial accounting, management accounting, auditing,
3    cost containment and auditing services, taxation and
4    accounting information systems.
5        "Architectural and engineering services" means
6    professional services of an architectural or engineering
7    nature, or incidental services, that members of the
8    architectural and engineering professions, and individuals
9    in their employ, may logically or justifiably perform,
10    including studies, investigations, surveying and mapping,
11    tests, evaluations, consultations, comprehensive planning,
12    program management, conceptual designs, plans and
13    specifications, value engineering, construction phase
14    services, soils engineering, drawing reviews, preparation
15    of operating and maintenance manuals, and other related
16    services.
17        "Emerging investment manager" means an investment
18    manager or claims consultant having assets under
19    management below $10 billion or otherwise adjudicating
20    claims.
21        "Information technology services" means, but is not
22    limited to, specialized technology-oriented solutions by
23    combining the processes and functions of software,
24    hardware, networks, telecommunications, web designers,
25    cloud developing resellers, and electronics.
26        "Insurance broker" means an insurance brokerage firm,

 

 

HB5540 Engrossed- 214 -LRB099 16003 AMC 40320 b

1    claims administrator, or both, that procures, places all
2    lines of insurance, or administers claims with annual
3    premiums or fees of at least $5,000,000 but not more than
4    $10,000,000.
5        "Legal services" means work performed by a lawyer
6    including, but not limited to, contracts in anticipation of
7    litigation, enforcement actions, or investigations.
8    (3) Each State agency and public institution institutions
9of higher education shall adopt policies that identify its plan
10and implementation procedures for increasing the use of service
11firms owned by minorities, females, and persons with
12disabilities.
13    (4) Except as provided in subsection (5), the Council shall
14file no later than March 1 of each year an annual report to the
15Governor and the General Assembly. The report filed with the
16General Assembly shall be filed as required in Section 3.1 of
17the General Assembly Organization Act. This report shall: (i)
18identify the service firms used by each State agency and public
19institution of higher education, (ii) identify the actions it
20has undertaken to increase the use of service firms owned by
21minorities, females, and persons with disabilities, including
22encouraging non-minority owned firms to use other service firms
23owned by minorities, females, and persons with disabilities as
24subcontractors when the opportunities arise, (iii) state any
25recommendations made by the Council to each State agency and
26public institution of higher education to increase

 

 

HB5540 Engrossed- 215 -LRB099 16003 AMC 40320 b

1participation by the use of service firms owned by minorities,
2females, and persons with disabilities, and (iv) include the
3following:
4        (A) For insurance services: the names of the insurance
5    brokers or claims consultants used, the total of risk
6    managed by each State agency and public institution of
7    higher education by insurance brokers, the total
8    commissions, fees paid, or both, the lines or insurance
9    policies placed, and the amount of premiums placed; and the
10    percentage of the risk managed by insurance brokers, the
11    percentage of total commission, fees paid, or both, the
12    lines or insurance policies placed, and the amount of
13    premiums placed with each by the insurance brokers owned by
14    minorities, females, and persons with disabilities by each
15    State agency and public institution of higher education.
16        (B) For investment management services: the names of
17    the investment managers used, the total funds under
18    management of investment managers; the total commissions,
19    fees paid, or both; the total and percentage of funds under
20    management of emerging investment managers owned by
21    minorities, females, and persons with disabilities,
22    including the total and percentage of total commissions,
23    fees paid, or both by each State agency and public
24    institution of higher education.
25        (C) The names of service firms, the percentage and
26    total dollar amount paid for professional services by

 

 

HB5540 Engrossed- 216 -LRB099 16003 AMC 40320 b

1    category by each State agency and public institution of
2    higher education.
3        (D) The names of service firms, the percentage and
4    total dollar amount paid for services by category to firms
5    owned by minorities, females, and persons with
6    disabilities by each State agency and public institution of
7    higher education.
8        (E) The total number of contracts awarded for services
9    by category and the total number of contracts awarded to
10    firms owned by minorities, females, and persons with
11    disabilities by each State agency and public institution of
12    higher education.
13    (5) For community college districts, the Business
14Enterprise Council shall only report the following information
15for each community college district: (i) the name of the
16community colleges in the district, (ii) the name and contact
17information of a person at each community college appointed to
18be the single point of contact for vendors owned by minorities,
19females, or persons with disabilities, (iii) the policy of the
20community college district concerning certified vendors, (iv)
21the certifications recognized by the community college
22district for determining whether a business is owned or
23controlled by a minority, female, or person with a disability,
24(v) outreach efforts conducted by the community college
25district to increase the use of certified vendors, (vi) the
26total expenditures by the community college district in the

 

 

HB5540 Engrossed- 217 -LRB099 16003 AMC 40320 b

1prior fiscal year in the divisions of work specified in
2paragraphs (a), (b), and (c) of subsection (1) of this Section
3and the amount paid to certified vendors in those divisions of
4work, and (vii) the total number of contracts entered into for
5the divisions of work specified in paragraphs (a), (b), and (c)
6of subsection (1) of this Section and the total number of
7contracts awarded to certified vendors providing these
8services to the community college district. The Business
9Enterprise Council shall not make any utilization reports under
10this Act for community college districts for Fiscal Year 2015
11and Fiscal Year 2016, but shall make the report required by
12this subsection for Fiscal Year 2017 and for each fiscal year
13thereafter. The Business Enterprise Council shall report the
14information in items (i), (ii), (iii), and (iv) of this
15subsection beginning in September of 2016. The Business
16Enterprise Council may collect the data needed to make its
17report from the Illinois Community College Board.
18    (6) The status of the utilization of services shall be
19discussed at each of the regularly scheduled Business
20Enterprise Council meetings. Time shall be allotted for the
21Council to receive, review, and discuss the progress of the use
22of service firms owned by minorities, females, and persons with
23disabilities by each State agency and public institution
24institutions of higher education; and any evidence regarding
25past or present racial, ethnic, or gender-based discrimination
26which directly impacts a State agency or public institution

 

 

HB5540 Engrossed- 218 -LRB099 16003 AMC 40320 b

1institutions of higher education contracting with such firms.
2If after reviewing such evidence the Council finds that there
3is or has been such discrimination against a specific group,
4race or sex, the Council shall establish sheltered markets or
5adjust existing sheltered markets tailored to address the
6Council's specific findings for the divisions of work specified
7in paragraphs (a), (b), and (c) of subsection (1) of this
8Section.
9(Source: P.A. 99-462, eff. 8-25-15; revised 10-15-15.)
 
10    Section 150. The State Mandates Act is amended by changing
11Section 8.39 as follows:
 
12    (30 ILCS 805/8.39)
13    Sec. 8.39. Exempt mandate.
14    (a) Notwithstanding Sections 6 and 8 of this Act, no
15reimbursement by the State is required for the implementation
16of any mandate created by Public Act 99-176, 99-180, 99-228, or
1799-466 this amendatory Act of the 99th General Assembly.
18    (b) Notwithstanding Sections 6 and 8 of this Act, no
19reimbursement by the State is required for the implementation
20of any mandate created by the Student Transfer Achievement
21Reform Act.
22(Source: P.A. 99-176, eff. 7-29-15; 99-180, eff. 7-29-15;
2399-228, eff. 1-1-16; 99-316, eff. 1-1-16; 99-466, eff. 8-26-15;
24revised 10-9-15.)
 

 

 

HB5540 Engrossed- 219 -LRB099 16003 AMC 40320 b

1    Section 155. The Illinois Income Tax Act is amended by
2changing Sections 304 and 507DDD as follows:
 
3    (35 ILCS 5/304)  (from Ch. 120, par. 3-304)
4    Sec. 304. Business income of persons other than residents.
5    (a) In general. The business income of a person other than
6a resident shall be allocated to this State if such person's
7business income is derived solely from this State. If a person
8other than a resident derives business income from this State
9and one or more other states, then, for tax years ending on or
10before December 30, 1998, and except as otherwise provided by
11this Section, such person's business income shall be
12apportioned to this State by multiplying the income by a
13fraction, the numerator of which is the sum of the property
14factor (if any), the payroll factor (if any) and 200% of the
15sales factor (if any), and the denominator of which is 4
16reduced by the number of factors other than the sales factor
17which have a denominator of zero and by an additional 2 if the
18sales factor has a denominator of zero. For tax years ending on
19or after December 31, 1998, and except as otherwise provided by
20this Section, persons other than residents who derive business
21income from this State and one or more other states shall
22compute their apportionment factor by weighting their
23property, payroll, and sales factors as provided in subsection
24(h) of this Section.

 

 

HB5540 Engrossed- 220 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 221 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 222 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 223 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 224 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 225 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 226 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 227 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 228 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 229 -LRB099 16003 AMC 40320 b

1            are utilized in the state in which the commercial
2            domicile of the licensee or purchaser is located.
3            (iii) If the state of utilization of an item of
4        property governed by this paragraph (B-1) cannot be
5        determined from the taxpayer's books and records or
6        from the books and records of any person related to the
7        taxpayer within the meaning of Section 267(b) of the
8        Internal Revenue Code, 26 U.S.C. 267, the gross
9        receipts attributable to that item shall be excluded
10        from both the numerator and the denominator of the
11        sales factor.
12        (B-2) Gross receipts from the license, sale, or other
13    disposition of patents, copyrights, trademarks, and
14    similar items of intangible personal property, other than
15    gross receipts governed by paragraph (B-7) of this item
16    (3), may be included in the numerator or denominator of the
17    sales factor only if gross receipts from licenses, sales,
18    or other disposition of such items comprise more than 50%
19    of the taxpayer's total gross receipts included in gross
20    income during the tax year and during each of the 2
21    immediately preceding tax years; provided that, when a
22    taxpayer is a member of a unitary business group, such
23    determination shall be made on the basis of the gross
24    receipts of the entire unitary business group.
25        (B-5) For taxable years ending on or after December 31,
26    2008, except as provided in subsections (ii) through (vii),

 

 

HB5540 Engrossed- 230 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 231 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 232 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 233 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 234 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 235 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 236 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 237 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 238 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 239 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 240 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 241 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 242 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 243 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 244 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 245 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 246 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 247 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 248 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 249 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 250 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 251 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 252 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 253 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 254 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 255 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 256 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 257 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 258 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 259 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 260 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 261 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 262 -LRB099 16003 AMC 40320 b

1    December 31, 2012 but before December 31, 2013, 63.77%; and
2    (ii) for taxable years ending on or after December 31,
3    2013, 27.54%.
4        (3) All other receipts not governed by subparagraphs
5    (1) or (2) of this subsection (c-1), to the extent the
6    receipts would be characterized as "sales in this State"
7    under item (3) of subsection (a) of this Section.
8    "Federally regulated exchange" means (i) a "registered
9entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
10or (C), (ii) an "exchange" or "clearing agency" within the
11meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
12entities regulated under any successor regulatory structure to
13the foregoing, and (iv) all taxpayers who are members of the
14same unitary business group as a federally regulated exchange,
15determined without regard to the prohibition in Section
161501(a)(27) of this Act against including in a unitary business
17group taxpayers who are ordinarily required to apportion
18business income under different subsections of this Section;
19provided that this subparagraph (iv) shall apply only if 50% or
20more of the business receipts of the unitary business group
21determined by application of this subparagraph (iv) for the
22taxable year are attributable to the matching, execution, or
23clearing of transactions conducted by an entity described in
24subparagraph (i), (ii), or (iii) of this paragraph.
25    In no event shall the Illinois apportionment percentage
26computed in accordance with this subsection (c-1) for any

 

 

HB5540 Engrossed- 263 -LRB099 16003 AMC 40320 b

1taxpayer for any tax year be less than the Illinois
2apportionment percentage computed under this subsection (c-1)
3for that taxpayer for the first full tax year ending on or
4after December 31, 2013 for which this subsection (c-1) applied
5to the taxpayer.
6    (d) Transportation services. For taxable years ending
7before December 31, 2008, business income derived from
8furnishing transportation services shall be apportioned to
9this State in accordance with paragraphs (1) and (2):
10        (1) Such business income (other than that derived from
11    transportation by pipeline) shall be apportioned to this
12    State by multiplying such income by a fraction, the
13    numerator of which is the revenue miles of the person in
14    this State, and the denominator of which is the revenue
15    miles of the person everywhere. For purposes of this
16    paragraph, a revenue mile is the transportation of 1
17    passenger or 1 net ton of freight the distance of 1 mile
18    for a consideration. Where a person is engaged in the
19    transportation of both passengers and freight, the
20    fraction above referred to shall be determined by means of
21    an average of the passenger revenue mile fraction and the
22    freight revenue mile fraction, weighted to reflect the
23    person's
24            (A) relative railway operating income from total
25        passenger and total freight service, as reported to the
26        Interstate Commerce Commission, in the case of

 

 

HB5540 Engrossed- 264 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 265 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 266 -LRB099 16003 AMC 40320 b

1    freight the distance of one mile for a consideration. If a
2    person is engaged in the transportation of both passengers
3    and freight, the fraction above referred to shall be
4    determined by means of an average of the passenger revenue
5    mile fraction and the freight revenue mile fraction,
6    weighted to reflect the person's relative gross receipts
7    from passenger and freight airline transportation.
8    (e) Combined apportionment. Where 2 or more persons are
9engaged in a unitary business as described in subsection
10(a)(27) of Section 1501, a part of which is conducted in this
11State by one or more members of the group, the business income
12attributable to this State by any such member or members shall
13be apportioned by means of the combined apportionment method.
14    (f) Alternative allocation. If the allocation and
15apportionment provisions of subsections (a) through (e) and of
16subsection (h) do not, for taxable years ending before December
1731, 2008, fairly represent the extent of a person's business
18activity in this State, or, for taxable years ending on or
19after December 31, 2008, fairly represent the market for the
20person's goods, services, or other sources of business income,
21the person may petition for, or the Director may, without a
22petition, permit or require, in respect of all or any part of
23the person's business activity, if reasonable:
24        (1) Separate accounting;
25        (2) The exclusion of any one or more factors;
26        (3) The inclusion of one or more additional factors

 

 

HB5540 Engrossed- 267 -LRB099 16003 AMC 40320 b

1    which will fairly represent the person's business
2    activities or market in this State; or
3        (4) The employment of any other method to effectuate an
4    equitable allocation and apportionment of the person's
5    business income.
6    (g) Cross reference. For allocation of business income by
7residents, see Section 301(a).
8    (h) For tax years ending on or after December 31, 1998, the
9apportionment factor of persons who apportion their business
10income to this State under subsection (a) shall be equal to:
11        (1) for tax years ending on or after December 31, 1998
12    and before December 31, 1999, 16 2/3% of the property
13    factor plus 16 2/3% of the payroll factor plus 66 2/3% of
14    the sales factor;
15        (2) for tax years ending on or after December 31, 1999
16    and before December 31, 2000, 8 1/3% of the property factor
17    plus 8 1/3% of the payroll factor plus 83 1/3% of the sales
18    factor;
19        (3) for tax years ending on or after December 31, 2000,
20    the sales factor.
21If, in any tax year ending on or after December 31, 1998 and
22before December 31, 2000, the denominator of the payroll,
23property, or sales factor is zero, the apportionment factor
24computed in paragraph (1) or (2) of this subsection for that
25year shall be divided by an amount equal to 100% minus the
26percentage weight given to each factor whose denominator is

 

 

HB5540 Engrossed- 268 -LRB099 16003 AMC 40320 b

1equal to zero.
2(Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12;
398-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, eff. 7-16-14;
4revised 10-19-15.)
 
5    (35 ILCS 5/507DDD)
6    Sec. 507DDD. Special Olympics Illinois and Special
7Children's Checkoff. For taxable years beginning on or after
8January 1, 2015, the Department shall print on its standard
9individual income tax form a provision indicating that if the
10taxpayer wishes to contribute to the Special Olympics Illinois
11and Special Children's Charities Checkoff Fund as authorized by
12Public Act 99-423 this amendatory Act of the 99th General
13Assembly, he or she may do so by stating the amount of the
14contribution (not less than $1) on the return and that the
15contribution will reduce the taxpayer's refund or increase the
16amount of payment to accompany the return. Failure to remit any
17amount of increased payment shall reduce the contribution
18accordingly. This Section shall not apply to an amended return.
19For the purpose of this Section, the Department of Revenue must
20distribute the moneys as provided in subsection 21.9(b) of the
21Illinois Lottery Law: (i) 75% of the moneys to Special Olympics
22Illinois to support the statewide training, competitions, and
23programs for future Special Olympics athletes; and (ii) 25% of
24the moneys to Special Children's Charities to support the City
25of Chicago-wide training, competitions, and programs for

 

 

HB5540 Engrossed- 269 -LRB099 16003 AMC 40320 b

1future Special Olympics athletes.
2(Source: P.A. 99-423, eff. 8-20-15; revised 10-20-15.)
 
3    Section 160. The Service Use Tax Act is amended by changing
4Section 3-10 as follows:
 
5    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
6    Sec. 3-10. Rate of tax. Unless otherwise provided in this
7Section, the tax imposed by this Act is at the rate of 6.25% of
8the selling price of tangible personal property transferred as
9an incident to the sale of service, but, for the purpose of
10computing this tax, in no event shall the selling price be less
11than the cost price of the property to the serviceman.
12    Beginning on July 1, 2000 and through December 31, 2000,
13with respect to motor fuel, as defined in Section 1.1 of the
14Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
15the Use Tax Act, the tax is imposed at the rate of 1.25%.
16    With respect to gasohol, as defined in the Use Tax Act, the
17tax imposed by this Act applies to (i) 70% of the selling price
18of property transferred as an incident to the sale of service
19on or after January 1, 1990, and before July 1, 2003, (ii) 80%
20of the selling price of property transferred as an incident to
21the sale of service on or after July 1, 2003 and on or before
22December 31, 2018, and (iii) 100% of the selling price
23thereafter. If, at any time, however, the tax under this Act on
24sales of gasohol, as defined in the Use Tax Act, is imposed at

 

 

HB5540 Engrossed- 270 -LRB099 16003 AMC 40320 b

1the rate of 1.25%, then the tax imposed by this Act applies to
2100% of the proceeds of sales of gasohol made during that time.
3    With respect to majority blended ethanol fuel, as defined
4in the Use Tax Act, the tax imposed by this Act does not apply
5to the selling price of property transferred as an incident to
6the sale of service on or after July 1, 2003 and on or before
7December 31, 2018 but applies to 100% of the selling price
8thereafter.
9    With respect to biodiesel blends, as defined in the Use Tax
10Act, with no less than 1% and no more than 10% biodiesel, the
11tax imposed by this Act applies to (i) 80% of the selling price
12of property transferred as an incident to the sale of service
13on or after July 1, 2003 and on or before December 31, 2018 and
14(ii) 100% of the proceeds of the selling price thereafter. If,
15at any time, however, the tax under this Act on sales of
16biodiesel blends, as defined in the Use Tax Act, with no less
17than 1% and no more than 10% biodiesel is imposed at the rate
18of 1.25%, then the tax imposed by this Act applies to 100% of
19the proceeds of sales of biodiesel blends with no less than 1%
20and no more than 10% biodiesel made during that time.
21    With respect to 100% biodiesel, as defined in the Use Tax
22Act, and biodiesel blends, as defined in the Use Tax Act, with
23more than 10% but no more than 99% biodiesel, the tax imposed
24by this Act does not apply to the proceeds of the selling price
25of property transferred as an incident to the sale of service
26on or after July 1, 2003 and on or before December 31, 2018 but

 

 

HB5540 Engrossed- 271 -LRB099 16003 AMC 40320 b

1applies to 100% of the selling price thereafter.
2    At the election of any registered serviceman made for each
3fiscal year, sales of service in which the aggregate annual
4cost price of tangible personal property transferred as an
5incident to the sales of service is less than 35%, or 75% in
6the case of servicemen transferring prescription drugs or
7servicemen engaged in graphic arts production, of the aggregate
8annual total gross receipts from all sales of service, the tax
9imposed by this Act shall be based on the serviceman's cost
10price of the tangible personal property transferred as an
11incident to the sale of those services.
12    The tax shall be imposed at the rate of 1% on food prepared
13for immediate consumption and transferred incident to a sale of
14service subject to this Act or the Service Occupation Tax Act
15by an entity licensed under the Hospital Licensing Act, the
16Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
17Act, the Specialized Mental Health Rehabilitation Act of 2013,
18or the Child Care Act of 1969. The tax shall also be imposed at
19the rate of 1% on food for human consumption that is to be
20consumed off the premises where it is sold (other than
21alcoholic beverages, soft drinks, and food that has been
22prepared for immediate consumption and is not otherwise
23included in this paragraph) and prescription and
24nonprescription medicines, drugs, medical appliances,
25modifications to a motor vehicle for the purpose of rendering
26it usable by a person with a disability, and insulin, urine

 

 

HB5540 Engrossed- 272 -LRB099 16003 AMC 40320 b

1testing materials, syringes, and needles used by diabetics, for
2human use. For the purposes of this Section, until September 1,
32009: the term "soft drinks" means any complete, finished,
4ready-to-use, non-alcoholic drink, whether carbonated or not,
5including but not limited to soda water, cola, fruit juice,
6vegetable juice, carbonated water, and all other preparations
7commonly known as soft drinks of whatever kind or description
8that are contained in any closed or sealed bottle, can, carton,
9or container, regardless of size; but "soft drinks" does not
10include coffee, tea, non-carbonated water, infant formula,
11milk or milk products as defined in the Grade A Pasteurized
12Milk and Milk Products Act, or drinks containing 50% or more
13natural fruit or vegetable juice.
14    Notwithstanding any other provisions of this Act,
15beginning September 1, 2009, "soft drinks" means non-alcoholic
16beverages that contain natural or artificial sweeteners. "Soft
17drinks" do not include beverages that contain milk or milk
18products, soy, rice or similar milk substitutes, or greater
19than 50% of vegetable or fruit juice by volume.
20    Until August 1, 2009, and notwithstanding any other
21provisions of this Act, "food for human consumption that is to
22be consumed off the premises where it is sold" includes all
23food sold through a vending machine, except soft drinks and
24food products that are dispensed hot from a vending machine,
25regardless of the location of the vending machine. Beginning
26August 1, 2009, and notwithstanding any other provisions of

 

 

HB5540 Engrossed- 273 -LRB099 16003 AMC 40320 b

1this Act, "food for human consumption that is to be consumed
2off the premises where it is sold" includes all food sold
3through a vending machine, except soft drinks, candy, and food
4products that are dispensed hot from a vending machine,
5regardless of the location of the vending machine.
6    Notwithstanding any other provisions of this Act,
7beginning September 1, 2009, "food for human consumption that
8is to be consumed off the premises where it is sold" does not
9include candy. For purposes of this Section, "candy" means a
10preparation of sugar, honey, or other natural or artificial
11sweeteners in combination with chocolate, fruits, nuts or other
12ingredients or flavorings in the form of bars, drops, or
13pieces. "Candy" does not include any preparation that contains
14flour or requires refrigeration.
15    Notwithstanding any other provisions of this Act,
16beginning September 1, 2009, "nonprescription medicines and
17drugs" does not include grooming and hygiene products. For
18purposes of this Section, "grooming and hygiene products"
19includes, but is not limited to, soaps and cleaning solutions,
20shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
21lotions and screens, unless those products are available by
22prescription only, regardless of whether the products meet the
23definition of "over-the-counter-drugs". For the purposes of
24this paragraph, "over-the-counter-drug" means a drug for human
25use that contains a label that identifies the product as a drug
26as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

 

 

HB5540 Engrossed- 274 -LRB099 16003 AMC 40320 b

1label includes:
2        (A) A "Drug Facts" panel; or
3        (B) A statement of the "active ingredient(s)" with a
4    list of those ingredients contained in the compound,
5    substance or preparation.
6    Beginning on January 1, 2014 (the effective date of Public
7Act 98-122), "prescription and nonprescription medicines and
8drugs" includes medical cannabis purchased from a registered
9dispensing organization under the Compassionate Use of Medical
10Cannabis Pilot Program Act.
11    If the property that is acquired from a serviceman is
12acquired outside Illinois and used outside Illinois before
13being brought to Illinois for use here and is taxable under
14this Act, the "selling price" on which the tax is computed
15shall be reduced by an amount that represents a reasonable
16allowance for depreciation for the period of prior out-of-state
17use.
18(Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;
1998-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.
207-29-15; revised 10-16-15.)
 
21    Section 165. The Service Occupation Tax Act is amended by
22changing Section 3-10 as follows:
 
23    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
24    Sec. 3-10. Rate of tax. Unless otherwise provided in this

 

 

HB5540 Engrossed- 275 -LRB099 16003 AMC 40320 b

1Section, the tax imposed by this Act is at the rate of 6.25% of
2the "selling price", as defined in Section 2 of the Service Use
3Tax Act, of the tangible personal property. For the purpose of
4computing this tax, in no event shall the "selling price" be
5less than the cost price to the serviceman of the tangible
6personal property transferred. The selling price of each item
7of tangible personal property transferred as an incident of a
8sale of service may be shown as a distinct and separate item on
9the serviceman's billing to the service customer. If the
10selling price is not so shown, the selling price of the
11tangible personal property is deemed to be 50% of the
12serviceman's entire billing to the service customer. When,
13however, a serviceman contracts to design, develop, and produce
14special order machinery or equipment, the tax imposed by this
15Act shall be based on the serviceman's cost price of the
16tangible personal property transferred incident to the
17completion of the contract.
18    Beginning on July 1, 2000 and through December 31, 2000,
19with respect to motor fuel, as defined in Section 1.1 of the
20Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
21the Use Tax Act, the tax is imposed at the rate of 1.25%.
22    With respect to gasohol, as defined in the Use Tax Act, the
23tax imposed by this Act shall apply to (i) 70% of the cost
24price of property transferred as an incident to the sale of
25service on or after January 1, 1990, and before July 1, 2003,
26(ii) 80% of the selling price of property transferred as an

 

 

HB5540 Engrossed- 276 -LRB099 16003 AMC 40320 b

1incident to the sale of service on or after July 1, 2003 and on
2or before December 31, 2018, and (iii) 100% of the cost price
3thereafter. If, at any time, however, the tax under this Act on
4sales of gasohol, as defined in the Use Tax Act, is imposed at
5the rate of 1.25%, then the tax imposed by this Act applies to
6100% of the proceeds of sales of gasohol made during that time.
7    With respect to majority blended ethanol fuel, as defined
8in the Use Tax Act, the tax imposed by this Act does not apply
9to the selling price of property transferred as an incident to
10the sale of service on or after July 1, 2003 and on or before
11December 31, 2018 but applies to 100% of the selling price
12thereafter.
13    With respect to biodiesel blends, as defined in the Use Tax
14Act, with no less than 1% and no more than 10% biodiesel, the
15tax imposed by this Act applies to (i) 80% of the selling price
16of property transferred as an incident to the sale of service
17on or after July 1, 2003 and on or before December 31, 2018 and
18(ii) 100% of the proceeds of the selling price thereafter. If,
19at any time, however, the tax under this Act on sales of
20biodiesel blends, as defined in the Use Tax Act, with no less
21than 1% and no more than 10% biodiesel is imposed at the rate
22of 1.25%, then the tax imposed by this Act applies to 100% of
23the proceeds of sales of biodiesel blends with no less than 1%
24and no more than 10% biodiesel made during that time.
25    With respect to 100% biodiesel, as defined in the Use Tax
26Act, and biodiesel blends, as defined in the Use Tax Act, with

 

 

HB5540 Engrossed- 277 -LRB099 16003 AMC 40320 b

1more than 10% but no more than 99% biodiesel material, the tax
2imposed by this Act does not apply to the proceeds of the
3selling price of property transferred as an incident to the
4sale of service on or after July 1, 2003 and on or before
5December 31, 2018 but applies to 100% of the selling price
6thereafter.
7    At the election of any registered serviceman made for each
8fiscal year, sales of service in which the aggregate annual
9cost price of tangible personal property transferred as an
10incident to the sales of service is less than 35%, or 75% in
11the case of servicemen transferring prescription drugs or
12servicemen engaged in graphic arts production, of the aggregate
13annual total gross receipts from all sales of service, the tax
14imposed by this Act shall be based on the serviceman's cost
15price of the tangible personal property transferred incident to
16the sale of those services.
17    The tax shall be imposed at the rate of 1% on food prepared
18for immediate consumption and transferred incident to a sale of
19service subject to this Act or the Service Occupation Tax Act
20by an entity licensed under the Hospital Licensing Act, the
21Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
22Act, the Specialized Mental Health Rehabilitation Act of 2013,
23or the Child Care Act of 1969. The tax shall also be imposed at
24the rate of 1% on food for human consumption that is to be
25consumed off the premises where it is sold (other than
26alcoholic beverages, soft drinks, and food that has been

 

 

HB5540 Engrossed- 278 -LRB099 16003 AMC 40320 b

1prepared for immediate consumption and is not otherwise
2included in this paragraph) and prescription and
3nonprescription medicines, drugs, medical appliances,
4modifications to a motor vehicle for the purpose of rendering
5it usable by a person with a disability, and insulin, urine
6testing materials, syringes, and needles used by diabetics, for
7human use. For the purposes of this Section, until September 1,
82009: the term "soft drinks" means any complete, finished,
9ready-to-use, non-alcoholic drink, whether carbonated or not,
10including but not limited to soda water, cola, fruit juice,
11vegetable juice, carbonated water, and all other preparations
12commonly known as soft drinks of whatever kind or description
13that are contained in any closed or sealed can, carton, or
14container, regardless of size; but "soft drinks" does not
15include coffee, tea, non-carbonated water, infant formula,
16milk or milk products as defined in the Grade A Pasteurized
17Milk and Milk Products Act, or drinks containing 50% or more
18natural fruit or vegetable juice.
19    Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "soft drinks" means non-alcoholic
21beverages that contain natural or artificial sweeteners. "Soft
22drinks" do not include beverages that contain milk or milk
23products, soy, rice or similar milk substitutes, or greater
24than 50% of vegetable or fruit juice by volume.
25    Until August 1, 2009, and notwithstanding any other
26provisions of this Act, "food for human consumption that is to

 

 

HB5540 Engrossed- 279 -LRB099 16003 AMC 40320 b

1be consumed off the premises where it is sold" includes all
2food sold through a vending machine, except soft drinks and
3food products that are dispensed hot from a vending machine,
4regardless of the location of the vending machine. Beginning
5August 1, 2009, and notwithstanding any other provisions of
6this Act, "food for human consumption that is to be consumed
7off the premises where it is sold" includes all food sold
8through a vending machine, except soft drinks, candy, and food
9products that are dispensed hot from a vending machine,
10regardless of the location of the vending machine.
11    Notwithstanding any other provisions of this Act,
12beginning September 1, 2009, "food for human consumption that
13is to be consumed off the premises where it is sold" does not
14include candy. For purposes of this Section, "candy" means a
15preparation of sugar, honey, or other natural or artificial
16sweeteners in combination with chocolate, fruits, nuts or other
17ingredients or flavorings in the form of bars, drops, or
18pieces. "Candy" does not include any preparation that contains
19flour or requires refrigeration.
20    Notwithstanding any other provisions of this Act,
21beginning September 1, 2009, "nonprescription medicines and
22drugs" does not include grooming and hygiene products. For
23purposes of this Section, "grooming and hygiene products"
24includes, but is not limited to, soaps and cleaning solutions,
25shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
26lotions and screens, unless those products are available by

 

 

HB5540 Engrossed- 280 -LRB099 16003 AMC 40320 b

1prescription only, regardless of whether the products meet the
2definition of "over-the-counter-drugs". For the purposes of
3this paragraph, "over-the-counter-drug" means a drug for human
4use that contains a label that identifies the product as a drug
5as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
6label includes:
7        (A) A "Drug Facts" panel; or
8        (B) A statement of the "active ingredient(s)" with a
9    list of those ingredients contained in the compound,
10    substance or preparation.
11    Beginning on January 1, 2014 (the effective date of Public
12Act 98-122), "prescription and nonprescription medicines and
13drugs" includes medical cannabis purchased from a registered
14dispensing organization under the Compassionate Use of Medical
15Cannabis Pilot Program Act.
16(Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;
1798-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.
187-29-15; revised 10-16-15.)
 
19    Section 170. The Property Tax Code is amended by changing
20Sections 9-195, 15-168, 15-169, 15-172, and 15-175 as follows:
 
21    (35 ILCS 200/9-195)
22    Sec. 9-195. Leasing of exempt property.
23    (a) Except as provided in Sections 15-35, 15-55, 15-60,
2415-100, 15-103, 15-160, and 15-185, when property which is

 

 

HB5540 Engrossed- 281 -LRB099 16003 AMC 40320 b

1exempt from taxation is leased to another whose property is not
2exempt, and the leasing of which does not make the property
3taxable, the leasehold estate and the appurtenances shall be
4listed as the property of the lessee thereof, or his or her
5assignee. Taxes on that property shall be collected in the same
6manner as on property that is not exempt, and the lessee shall
7be liable for those taxes. However, no tax lien shall attach to
8the exempt real estate. The changes made by Public Act 90-562
9this amendatory Act of 1997 and by Public Act 91-513 this
10amendatory Act of the 91st General Assembly are declaratory of
11existing law and shall not be construed as a new enactment. The
12changes made by Public Acts 88-221 and 88-420 that are
13incorporated into this Section by Public Act 88-670 this
14amendatory Act of 1993 are declarative of existing law and are
15not a new enactment.
16    (b) The provisions of this Section regarding taxation of
17leasehold interests in exempt property do not apply to any
18leasehold interest created pursuant to any transaction
19described in subsection (e) of Section 15-35, subsection (c-5)
20of Section 15-60, subsection (b) of Section 15-100, Section
2115-103, Section 15-160, or Section 15-185 of this Code , or
22Section 6c of the Downstate Forest Preserve District Act.
23(Source: P.A. 99-219, eff. 7-31-15; revised 10-20-15.)
 
24    (35 ILCS 200/15-168)
25    Sec. 15-168. Homestead exemption for persons with

 

 

HB5540 Engrossed- 282 -LRB099 16003 AMC 40320 b

1disabilities.
2    (a) Beginning with taxable year 2007, an annual homestead
3exemption is granted to persons with disabilities in the amount
4of $2,000, except as provided in subsection (c), to be deducted
5from the property's value as equalized or assessed by the
6Department of Revenue. The person with a disability shall
7receive the homestead exemption upon meeting the following
8requirements:
9        (1) The property must be occupied as the primary
10    residence by the person with a disability.
11        (2) The person with a disability must be liable for
12    paying the real estate taxes on the property.
13        (3) The person with a disability must be an owner of
14    record of the property or have a legal or equitable
15    interest in the property as evidenced by a written
16    instrument. In the case of a leasehold interest in
17    property, the lease must be for a single family residence.
18    A person who has a disability during the taxable year is
19eligible to apply for this homestead exemption during that
20taxable year. Application must be made during the application
21period in effect for the county of residence. If a homestead
22exemption has been granted under this Section and the person
23awarded the exemption subsequently becomes a resident of a
24facility licensed under the Nursing Home Care Act, the
25Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
26Community Care Act, or the MC/DD Act, then the exemption shall

 

 

HB5540 Engrossed- 283 -LRB099 16003 AMC 40320 b

1continue (i) so long as the residence continues to be occupied
2by the qualifying person's spouse or (ii) if the residence
3remains unoccupied but is still owned by the person qualified
4for the homestead exemption.
5    (b) For the purposes of this Section, "person with a
6disability" means a person unable to engage in any substantial
7gainful activity by reason of a medically determinable physical
8or mental impairment which can be expected to result in death
9or has lasted or can be expected to last for a continuous
10period of not less than 12 months. Persons with disabilities
11filing claims under this Act shall submit proof of disability
12in such form and manner as the Department shall by rule and
13regulation prescribe. Proof that a claimant is eligible to
14receive disability benefits under the Federal Social Security
15Act shall constitute proof of disability for purposes of this
16Act. Issuance of an Illinois Person with a Disability
17Identification Card stating that the claimant is under a Class
182 disability, as defined in Section 4A of the Illinois
19Identification Card Act, shall constitute proof that the person
20named thereon is a person with a disability for purposes of
21this Act. A person with a disability not covered under the
22Federal Social Security Act and not presenting an Illinois
23Person with a Disability Identification Card stating that the
24claimant is under a Class 2 disability shall be examined by a
25physician designated by the Department, and his status as a
26person with a disability determined using the same standards as

 

 

HB5540 Engrossed- 284 -LRB099 16003 AMC 40320 b

1used by the Social Security Administration. The costs of any
2required examination shall be borne by the claimant.
3    (c) For land improved with (i) an apartment building owned
4and operated as a cooperative or (ii) a life care facility as
5defined under Section 2 of the Life Care Facilities Act that is
6considered to be a cooperative, the maximum reduction from the
7value of the property, as equalized or assessed by the
8Department, shall be multiplied by the number of apartments or
9units occupied by a person with a disability. The person with a
10disability shall receive the homestead exemption upon meeting
11the following requirements:
12        (1) The property must be occupied as the primary
13    residence by the person with a disability.
14        (2) The person with a disability must be liable by
15    contract with the owner or owners of record for paying the
16    apportioned property taxes on the property of the
17    cooperative or life care facility. In the case of a life
18    care facility, the person with a disability must be liable
19    for paying the apportioned property taxes under a life care
20    contract as defined in Section 2 of the Life Care
21    Facilities Act.
22        (3) The person with a disability must be an owner of
23    record of a legal or equitable interest in the cooperative
24    apartment building. A leasehold interest does not meet this
25    requirement.
26If a homestead exemption is granted under this subsection, the

 

 

HB5540 Engrossed- 285 -LRB099 16003 AMC 40320 b

1cooperative association or management firm shall credit the
2savings resulting from the exemption to the apportioned tax
3liability of the qualifying person with a disability. The chief
4county assessment officer may request reasonable proof that the
5association or firm has properly credited the exemption. A
6person who willfully refuses to credit an exemption to the
7qualified person with a disability is guilty of a Class B
8misdemeanor.
9    (d) The chief county assessment officer shall determine the
10eligibility of property to receive the homestead exemption
11according to guidelines established by the Department. After a
12person has received an exemption under this Section, an annual
13verification of eligibility for the exemption shall be mailed
14to the taxpayer.
15    In counties with fewer than 3,000,000 inhabitants, the
16chief county assessment officer shall provide to each person
17granted a homestead exemption under this Section a form to
18designate any other person to receive a duplicate of any notice
19of delinquency in the payment of taxes assessed and levied
20under this Code on the person's qualifying property. The
21duplicate notice shall be in addition to the notice required to
22be provided to the person receiving the exemption and shall be
23given in the manner required by this Code. The person filing
24the request for the duplicate notice shall pay an
25administrative fee of $5 to the chief county assessment
26officer. The assessment officer shall then file the executed

 

 

HB5540 Engrossed- 286 -LRB099 16003 AMC 40320 b

1designation with the county collector, who shall issue the
2duplicate notices as indicated by the designation. A
3designation may be rescinded by the person with a disability in
4the manner required by the chief county assessment officer.
5    (e) A taxpayer who claims an exemption under Section 15-165
6or 15-169 may not claim an exemption under this Section.
7(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
899-180, eff. 7-29-15; revised 10-20-15.)
 
9    (35 ILCS 200/15-169)
10    Sec. 15-169. Homestead exemption for veterans with
11disabilities.
12    (a) Beginning with taxable year 2007, an annual homestead
13exemption, limited to the amounts set forth in subsections (b)
14and (b-3), is granted for property that is used as a qualified
15residence by a veteran with a disability.
16    (b) For taxable years prior to 2015, the amount of the
17exemption under this Section is as follows:
18        (1) for veterans with a service-connected disability
19    of at least (i) 75% for exemptions granted in taxable years
20    2007 through 2009 and (ii) 70% for exemptions granted in
21    taxable year 2010 and each taxable year thereafter, as
22    certified by the United States Department of Veterans
23    Affairs, the annual exemption is $5,000; and
24        (2) for veterans with a service-connected disability
25    of at least 50%, but less than (i) 75% for exemptions

 

 

HB5540 Engrossed- 287 -LRB099 16003 AMC 40320 b

1    granted in taxable years 2007 through 2009 and (ii) 70% for
2    exemptions granted in taxable year 2010 and each taxable
3    year thereafter, as certified by the United States
4    Department of Veterans Affairs, the annual exemption is
5    $2,500.
6    (b-3) For taxable years 2015 and thereafter:
7        (1) if the veteran has a service connected disability
8    of 30% or more but less than 50%, as certified by the
9    United States Department of Veterans Affairs, then the
10    annual exemption is $2,500;
11        (2) if the veteran has a service connected disability
12    of 50% or more but less than 70%, as certified by the
13    United States Department of Veterans Affairs, then the
14    annual exemption is $5,000; and
15        (3) if the veteran has a service connected disability
16    of 70% or more, as certified by the United States
17    Department of Veterans Affairs, then the property is exempt
18    from taxation under this Code.
19    (b-5) If a homestead exemption is granted under this
20Section and the person awarded the exemption subsequently
21becomes a resident of a facility licensed under the Nursing
22Home Care Act or a facility operated by the United States
23Department of Veterans Affairs, then the exemption shall
24continue (i) so long as the residence continues to be occupied
25by the qualifying person's spouse or (ii) if the residence
26remains unoccupied but is still owned by the person who

 

 

HB5540 Engrossed- 288 -LRB099 16003 AMC 40320 b

1qualified for the homestead exemption.
2    (c) The tax exemption under this Section carries over to
3the benefit of the veteran's surviving spouse as long as the
4spouse holds the legal or beneficial title to the homestead,
5permanently resides thereon, and does not remarry. If the
6surviving spouse sells the property, an exemption not to exceed
7the amount granted from the most recent ad valorem tax roll may
8be transferred to his or her new residence as long as it is
9used as his or her primary residence and he or she does not
10remarry.
11    (c-1) Beginning with taxable year 2015, nothing in this
12Section shall require the veteran to have qualified for or
13obtained the exemption before death if the veteran was killed
14in the line of duty.
15    (d) The exemption under this Section applies for taxable
16year 2007 and thereafter. A taxpayer who claims an exemption
17under Section 15-165 or 15-168 may not claim an exemption under
18this Section.
19    (e) Each taxpayer who has been granted an exemption under
20this Section must reapply on an annual basis. Application must
21be made during the application period in effect for the county
22of his or her residence. The assessor or chief county
23assessment officer may determine the eligibility of
24residential property to receive the homestead exemption
25provided by this Section by application, visual inspection,
26questionnaire, or other reasonable methods. The determination

 

 

HB5540 Engrossed- 289 -LRB099 16003 AMC 40320 b

1must be made in accordance with guidelines established by the
2Department.
3    (f) For the purposes of this Section:
4    "Qualified residence" means real property, but less any
5portion of that property that is used for commercial purposes,
6with an equalized assessed value of less than $250,000 that is
7the primary residence of a veteran with a disability. Property
8rented for more than 6 months is presumed to be used for
9commercial purposes.
10    "Veteran" means an Illinois resident who has served as a
11member of the United States Armed Forces on active duty or
12State active duty, a member of the Illinois National Guard, or
13a member of the United States Reserve Forces and who has
14received an honorable discharge.
15(Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15;
1699-375, eff. 8-17-15; revised 10-9-15.)
 
17    (35 ILCS 200/15-172)
18    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
19Exemption.
20    (a) This Section may be cited as the Senior Citizens
21Assessment Freeze Homestead Exemption.
22    (b) As used in this Section:
23    "Applicant" means an individual who has filed an
24application under this Section.
25    "Base amount" means the base year equalized assessed value

 

 

HB5540 Engrossed- 290 -LRB099 16003 AMC 40320 b

1of the residence plus the first year's equalized assessed value
2of any added improvements which increased the assessed value of
3the residence after the base year.
4    "Base year" means the taxable year prior to the taxable
5year for which the applicant first qualifies and applies for
6the exemption provided that in the prior taxable year the
7property was improved with a permanent structure that was
8occupied as a residence by the applicant who was liable for
9paying real property taxes on the property and who was either
10(i) an owner of record of the property or had legal or
11equitable interest in the property as evidenced by a written
12instrument or (ii) had a legal or equitable interest as a
13lessee in the parcel of property that was single family
14residence. If in any subsequent taxable year for which the
15applicant applies and qualifies for the exemption the equalized
16assessed value of the residence is less than the equalized
17assessed value in the existing base year (provided that such
18equalized assessed value is not based on an assessed value that
19results from a temporary irregularity in the property that
20reduces the assessed value for one or more taxable years), then
21that subsequent taxable year shall become the base year until a
22new base year is established under the terms of this paragraph.
23For taxable year 1999 only, the Chief County Assessment Officer
24shall review (i) all taxable years for which the applicant
25applied and qualified for the exemption and (ii) the existing
26base year. The assessment officer shall select as the new base

 

 

HB5540 Engrossed- 291 -LRB099 16003 AMC 40320 b

1year the year with the lowest equalized assessed value. An
2equalized assessed value that is based on an assessed value
3that results from a temporary irregularity in the property that
4reduces the assessed value for one or more taxable years shall
5not be considered the lowest equalized assessed value. The
6selected year shall be the base year for taxable year 1999 and
7thereafter until a new base year is established under the terms
8of this paragraph.
9    "Chief County Assessment Officer" means the County
10Assessor or Supervisor of Assessments of the county in which
11the property is located.
12    "Equalized assessed value" means the assessed value as
13equalized by the Illinois Department of Revenue.
14    "Household" means the applicant, the spouse of the
15applicant, and all persons using the residence of the applicant
16as their principal place of residence.
17    "Household income" means the combined income of the members
18of a household for the calendar year preceding the taxable
19year.
20    "Income" has the same meaning as provided in Section 3.07
21of the Senior Citizens and Persons with Disabilities Property
22Tax Relief Act, except that, beginning in assessment year 2001,
23"income" does not include veteran's benefits.
24    "Internal Revenue Code of 1986" means the United States
25Internal Revenue Code of 1986 or any successor law or laws
26relating to federal income taxes in effect for the year

 

 

HB5540 Engrossed- 292 -LRB099 16003 AMC 40320 b

1preceding the taxable year.
2    "Life care facility that qualifies as a cooperative" means
3a facility as defined in Section 2 of the Life Care Facilities
4Act.
5    "Maximum income limitation" means:
6        (1) $35,000 prior to taxable year 1999;
7        (2) $40,000 in taxable years 1999 through 2003;
8        (3) $45,000 in taxable years 2004 through 2005;
9        (4) $50,000 in taxable years 2006 and 2007; and
10        (5) $55,000 in taxable year 2008 and thereafter.
11    "Residence" means the principal dwelling place and
12appurtenant structures used for residential purposes in this
13State occupied on January 1 of the taxable year by a household
14and so much of the surrounding land, constituting the parcel
15upon which the dwelling place is situated, as is used for
16residential purposes. If the Chief County Assessment Officer
17has established a specific legal description for a portion of
18property constituting the residence, then that portion of
19property shall be deemed the residence for the purposes of this
20Section.
21    "Taxable year" means the calendar year during which ad
22valorem property taxes payable in the next succeeding year are
23levied.
24    (c) Beginning in taxable year 1994, a senior citizens
25assessment freeze homestead exemption is granted for real
26property that is improved with a permanent structure that is

 

 

HB5540 Engrossed- 293 -LRB099 16003 AMC 40320 b

1occupied as a residence by an applicant who (i) is 65 years of
2age or older during the taxable year, (ii) has a household
3income that does not exceed the maximum income limitation,
4(iii) is liable for paying real property taxes on the property,
5and (iv) is an owner of record of the property or has a legal or
6equitable interest in the property as evidenced by a written
7instrument. This homestead exemption shall also apply to a
8leasehold interest in a parcel of property improved with a
9permanent structure that is a single family residence that is
10occupied as a residence by a person who (i) is 65 years of age
11or older during the taxable year, (ii) has a household income
12that does not exceed the maximum income limitation, (iii) has a
13legal or equitable ownership interest in the property as
14lessee, and (iv) is liable for the payment of real property
15taxes on that property.
16    In counties of 3,000,000 or more inhabitants, the amount of
17the exemption for all taxable years is the equalized assessed
18value of the residence in the taxable year for which
19application is made minus the base amount. In all other
20counties, the amount of the exemption is as follows: (i)
21through taxable year 2005 and for taxable year 2007 and
22thereafter, the amount of this exemption shall be the equalized
23assessed value of the residence in the taxable year for which
24application is made minus the base amount; and (ii) for taxable
25year 2006, the amount of the exemption is as follows:
26        (1) For an applicant who has a household income of

 

 

HB5540 Engrossed- 294 -LRB099 16003 AMC 40320 b

1    $45,000 or less, the amount of the exemption is the
2    equalized assessed value of the residence in the taxable
3    year for which application is made minus the base amount.
4        (2) For an applicant who has a household income
5    exceeding $45,000 but not exceeding $46,250, the amount of
6    the exemption is (i) the equalized assessed value of the
7    residence in the taxable year for which application is made
8    minus the base amount (ii) multiplied by 0.8.
9        (3) For an applicant who has a household income
10    exceeding $46,250 but not exceeding $47,500, the amount of
11    the exemption is (i) the equalized assessed value of the
12    residence in the taxable year for which application is made
13    minus the base amount (ii) multiplied by 0.6.
14        (4) For an applicant who has a household income
15    exceeding $47,500 but not exceeding $48,750, the amount of
16    the exemption is (i) the equalized assessed value of the
17    residence in the taxable year for which application is made
18    minus the base amount (ii) multiplied by 0.4.
19        (5) For an applicant who has a household income
20    exceeding $48,750 but not exceeding $50,000, the amount of
21    the exemption is (i) the equalized assessed value of the
22    residence in the taxable year for which application is made
23    minus the base amount (ii) multiplied by 0.2.
24    When the applicant is a surviving spouse of an applicant
25for a prior year for the same residence for which an exemption
26under this Section has been granted, the base year and base

 

 

HB5540 Engrossed- 295 -LRB099 16003 AMC 40320 b

1amount for that residence are the same as for the applicant for
2the prior year.
3    Each year at the time the assessment books are certified to
4the County Clerk, the Board of Review or Board of Appeals shall
5give to the County Clerk a list of the assessed values of
6improvements on each parcel qualifying for this exemption that
7were added after the base year for this parcel and that
8increased the assessed value of the property.
9    In the case of land improved with an apartment building
10owned and operated as a cooperative or a building that is a
11life care facility that qualifies as a cooperative, the maximum
12reduction from the equalized assessed value of the property is
13limited to the sum of the reductions calculated for each unit
14occupied as a residence by a person or persons (i) 65 years of
15age or older, (ii) with a household income that does not exceed
16the maximum income limitation, (iii) who is liable, by contract
17with the owner or owners of record, for paying real property
18taxes on the property, and (iv) who is an owner of record of a
19legal or equitable interest in the cooperative apartment
20building, other than a leasehold interest. In the instance of a
21cooperative where a homestead exemption has been granted under
22this Section, the cooperative association or its management
23firm shall credit the savings resulting from that exemption
24only to the apportioned tax liability of the owner who
25qualified for the exemption. Any person who willfully refuses
26to credit that savings to an owner who qualifies for the

 

 

HB5540 Engrossed- 296 -LRB099 16003 AMC 40320 b

1exemption is guilty of a Class B misdemeanor.
2    When a homestead exemption has been granted under this
3Section and an applicant then becomes a resident of a facility
4licensed under the Assisted Living and Shared Housing Act, the
5Nursing Home Care Act, the Specialized Mental Health
6Rehabilitation Act of 2013, the ID/DD Community Care Act, or
7the MC/DD Act, the exemption shall be granted in subsequent
8years so long as the residence (i) continues to be occupied by
9the qualified applicant's spouse or (ii) if remaining
10unoccupied, is still owned by the qualified applicant for the
11homestead exemption.
12    Beginning January 1, 1997, when an individual dies who
13would have qualified for an exemption under this Section, and
14the surviving spouse does not independently qualify for this
15exemption because of age, the exemption under this Section
16shall be granted to the surviving spouse for the taxable year
17preceding and the taxable year of the death, provided that,
18except for age, the surviving spouse meets all other
19qualifications for the granting of this exemption for those
20years.
21    When married persons maintain separate residences, the
22exemption provided for in this Section may be claimed by only
23one of such persons and for only one residence.
24    For taxable year 1994 only, in counties having less than
253,000,000 inhabitants, to receive the exemption, a person shall
26submit an application by February 15, 1995 to the Chief County

 

 

HB5540 Engrossed- 297 -LRB099 16003 AMC 40320 b

1Assessment Officer of the county in which the property is
2located. In counties having 3,000,000 or more inhabitants, for
3taxable year 1994 and all subsequent taxable years, to receive
4the exemption, a person may submit an application to the Chief
5County Assessment Officer of the county in which the property
6is located during such period as may be specified by the Chief
7County Assessment Officer. The Chief County Assessment Officer
8in counties of 3,000,000 or more inhabitants shall annually
9give notice of the application period by mail or by
10publication. In counties having less than 3,000,000
11inhabitants, beginning with taxable year 1995 and thereafter,
12to receive the exemption, a person shall submit an application
13by July 1 of each taxable year to the Chief County Assessment
14Officer of the county in which the property is located. A
15county may, by ordinance, establish a date for submission of
16applications that is different than July 1. The applicant shall
17submit with the application an affidavit of the applicant's
18total household income, age, marital status (and if married the
19name and address of the applicant's spouse, if known), and
20principal dwelling place of members of the household on January
211 of the taxable year. The Department shall establish, by rule,
22a method for verifying the accuracy of affidavits filed by
23applicants under this Section, and the Chief County Assessment
24Officer may conduct audits of any taxpayer claiming an
25exemption under this Section to verify that the taxpayer is
26eligible to receive the exemption. Each application shall

 

 

HB5540 Engrossed- 298 -LRB099 16003 AMC 40320 b

1contain or be verified by a written declaration that it is made
2under the penalties of perjury. A taxpayer's signing a
3fraudulent application under this Act is perjury, as defined in
4Section 32-2 of the Criminal Code of 2012. The applications
5shall be clearly marked as applications for the Senior Citizens
6Assessment Freeze Homestead Exemption and must contain a notice
7that any taxpayer who receives the exemption is subject to an
8audit by the Chief County Assessment Officer.
9    Notwithstanding any other provision to the contrary, in
10counties having fewer than 3,000,000 inhabitants, if an
11applicant fails to file the application required by this
12Section in a timely manner and this failure to file is due to a
13mental or physical condition sufficiently severe so as to
14render the applicant incapable of filing the application in a
15timely manner, the Chief County Assessment Officer may extend
16the filing deadline for a period of 30 days after the applicant
17regains the capability to file the application, but in no case
18may the filing deadline be extended beyond 3 months of the
19original filing deadline. In order to receive the extension
20provided in this paragraph, the applicant shall provide the
21Chief County Assessment Officer with a signed statement from
22the applicant's physician stating the nature and extent of the
23condition, that, in the physician's opinion, the condition was
24so severe that it rendered the applicant incapable of filing
25the application in a timely manner, and the date on which the
26applicant regained the capability to file the application.

 

 

HB5540 Engrossed- 299 -LRB099 16003 AMC 40320 b

1    Beginning January 1, 1998, notwithstanding any other
2provision to the contrary, in counties having fewer than
33,000,000 inhabitants, if an applicant fails to file the
4application required by this Section in a timely manner and
5this failure to file is due to a mental or physical condition
6sufficiently severe so as to render the applicant incapable of
7filing the application in a timely manner, the Chief County
8Assessment Officer may extend the filing deadline for a period
9of 3 months. In order to receive the extension provided in this
10paragraph, the applicant shall provide the Chief County
11Assessment Officer with a signed statement from the applicant's
12physician stating the nature and extent of the condition, and
13that, in the physician's opinion, the condition was so severe
14that it rendered the applicant incapable of filing the
15application in a timely manner.
16    In counties having less than 3,000,000 inhabitants, if an
17applicant was denied an exemption in taxable year 1994 and the
18denial occurred due to an error on the part of an assessment
19official, or his or her agent or employee, then beginning in
20taxable year 1997 the applicant's base year, for purposes of
21determining the amount of the exemption, shall be 1993 rather
22than 1994. In addition, in taxable year 1997, the applicant's
23exemption shall also include an amount equal to (i) the amount
24of any exemption denied to the applicant in taxable year 1995
25as a result of using 1994, rather than 1993, as the base year,
26(ii) the amount of any exemption denied to the applicant in

 

 

HB5540 Engrossed- 300 -LRB099 16003 AMC 40320 b

1taxable year 1996 as a result of using 1994, rather than 1993,
2as the base year, and (iii) the amount of the exemption
3erroneously denied for taxable year 1994.
4    For purposes of this Section, a person who will be 65 years
5of age during the current taxable year shall be eligible to
6apply for the homestead exemption during that taxable year.
7Application shall be made during the application period in
8effect for the county of his or her residence.
9    The Chief County Assessment Officer may determine the
10eligibility of a life care facility that qualifies as a
11cooperative to receive the benefits provided by this Section by
12use of an affidavit, application, visual inspection,
13questionnaire, or other reasonable method in order to insure
14that the tax savings resulting from the exemption are credited
15by the management firm to the apportioned tax liability of each
16qualifying resident. The Chief County Assessment Officer may
17request reasonable proof that the management firm has so
18credited that exemption.
19    Except as provided in this Section, all information
20received by the chief county assessment officer or the
21Department from applications filed under this Section, or from
22any investigation conducted under the provisions of this
23Section, shall be confidential, except for official purposes or
24pursuant to official procedures for collection of any State or
25local tax or enforcement of any civil or criminal penalty or
26sanction imposed by this Act or by any statute or ordinance

 

 

HB5540 Engrossed- 301 -LRB099 16003 AMC 40320 b

1imposing a State or local tax. Any person who divulges any such
2information in any manner, except in accordance with a proper
3judicial order, is guilty of a Class A misdemeanor.
4    Nothing contained in this Section shall prevent the
5Director or chief county assessment officer from publishing or
6making available reasonable statistics concerning the
7operation of the exemption contained in this Section in which
8the contents of claims are grouped into aggregates in such a
9way that information contained in any individual claim shall
10not be disclosed.
11    (d) Each Chief County Assessment Officer shall annually
12publish a notice of availability of the exemption provided
13under this Section. The notice shall be published at least 60
14days but no more than 75 days prior to the date on which the
15application must be submitted to the Chief County Assessment
16Officer of the county in which the property is located. The
17notice shall appear in a newspaper of general circulation in
18the county.
19    Notwithstanding Sections 6 and 8 of the State Mandates Act,
20no reimbursement by the State is required for the
21implementation of any mandate created by this Section.
22(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
2399-180, eff. 7-29-15; revised 10-21-15.)
 
24    (35 ILCS 200/15-175)
25    Sec. 15-175. General homestead exemption.

 

 

HB5540 Engrossed- 302 -LRB099 16003 AMC 40320 b

1    (a) Except as provided in Sections 15-176 and 15-177,
2homestead property is entitled to an annual homestead exemption
3limited, except as described here with relation to
4cooperatives, to a reduction in the equalized assessed value of
5homestead property equal to the increase in equalized assessed
6value for the current assessment year above the equalized
7assessed value of the property for 1977, up to the maximum
8reduction set forth below. If however, the 1977 equalized
9assessed value upon which taxes were paid is subsequently
10determined by local assessing officials, the Property Tax
11Appeal Board, or a court to have been excessive, the equalized
12assessed value which should have been placed on the property
13for 1977 shall be used to determine the amount of the
14exemption.
15    (b) Except as provided in Section 15-176, the maximum
16reduction before taxable year 2004 shall be $4,500 in counties
17with 3,000,000 or more inhabitants and $3,500 in all other
18counties. Except as provided in Sections 15-176 and 15-177, for
19taxable years 2004 through 2007, the maximum reduction shall be
20$5,000, for taxable year 2008, the maximum reduction is $5,500,
21and, for taxable years 2009 through 2011, the maximum reduction
22is $6,000 in all counties. For taxable years 2012 and
23thereafter, the maximum reduction is $7,000 in counties with
243,000,000 or more inhabitants and $6,000 in all other counties.
25If a county has elected to subject itself to the provisions of
26Section 15-176 as provided in subsection (k) of that Section,

 

 

HB5540 Engrossed- 303 -LRB099 16003 AMC 40320 b

1then, for the first taxable year only after the provisions of
2Section 15-176 no longer apply, for owners who, for the taxable
3year, have not been granted a senior citizens assessment freeze
4homestead exemption under Section 15-172 or a long-time
5occupant homestead exemption under Section 15-177, there shall
6be an additional exemption of $5,000 for owners with a
7household income of $30,000 or less.
8    (c) In counties with fewer than 3,000,000 inhabitants, if,
9based on the most recent assessment, the equalized assessed
10value of the homestead property for the current assessment year
11is greater than the equalized assessed value of the property
12for 1977, the owner of the property shall automatically receive
13the exemption granted under this Section in an amount equal to
14the increase over the 1977 assessment up to the maximum
15reduction set forth in this Section.
16    (d) If in any assessment year beginning with the 2000
17assessment year, homestead property has a pro-rata valuation
18under Section 9-180 resulting in an increase in the assessed
19valuation, a reduction in equalized assessed valuation equal to
20the increase in equalized assessed value of the property for
21the year of the pro-rata valuation above the equalized assessed
22value of the property for 1977 shall be applied to the property
23on a proportionate basis for the period the property qualified
24as homestead property during the assessment year. The maximum
25proportionate homestead exemption shall not exceed the maximum
26homestead exemption allowed in the county under this Section

 

 

HB5540 Engrossed- 304 -LRB099 16003 AMC 40320 b

1divided by 365 and multiplied by the number of days the
2property qualified as homestead property.
3    (e) The chief county assessment officer may, when
4considering whether to grant a leasehold exemption under this
5Section, require the following conditions to be met:
6        (1) that a notarized application for the exemption,
7    signed by both the owner and the lessee of the property,
8    must be submitted each year during the application period
9    in effect for the county in which the property is located;
10        (2) that a copy of the lease must be filed with the
11    chief county assessment officer by the owner of the
12    property at the time the notarized application is
13    submitted;
14        (3) that the lease must expressly state that the lessee
15    is liable for the payment of property taxes; and
16        (4) that the lease must include the following language
17    in substantially the following form:
18            "Lessee shall be liable for the payment of real
19        estate taxes with respect to the residence in
20        accordance with the terms and conditions of Section
21        15-175 of the Property Tax Code (35 ILCS 200/15-175).
22        The permanent real estate index number for the premises
23        is (insert number), and, according to the most recent
24        property tax bill, the current amount of real estate
25        taxes associated with the premises is (insert amount)
26        per year. The parties agree that the monthly rent set

 

 

HB5540 Engrossed- 305 -LRB099 16003 AMC 40320 b

1        forth above shall be increased or decreased pro rata
2        (effective January 1 of each calendar year) to reflect
3        any increase or decrease in real estate taxes. Lessee
4        shall be deemed to be satisfying Lessee's liability for
5        the above mentioned real estate taxes with the monthly
6        rent payments as set forth above (or increased or
7        decreased as set forth herein).".
8    In addition, if there is a change in lessee, or if the
9lessee vacates the property, then the chief county assessment
10officer may require the owner of the property to notify the
11chief county assessment officer of that change.
12    This subsection (e) does not apply to leasehold interests
13in property owned by a municipality.
14    (f) "Homestead property" under this Section includes
15residential property that is occupied by its owner or owners as
16his or their principal dwelling place, or that is a leasehold
17interest on which a single family residence is situated, which
18is occupied as a residence by a person who has an ownership
19interest therein, legal or equitable or as a lessee, and on
20which the person is liable for the payment of property taxes.
21For land improved with an apartment building owned and operated
22as a cooperative or a building which is a life care facility as
23defined in Section 15-170 and considered to be a cooperative
24under Section 15-170, the maximum reduction from the equalized
25assessed value shall be limited to the increase in the value
26above the equalized assessed value of the property for 1977, up

 

 

HB5540 Engrossed- 306 -LRB099 16003 AMC 40320 b

1to the maximum reduction set forth above, multiplied by the
2number of apartments or units occupied by a person or persons
3who is liable, by contract with the owner or owners of record,
4for paying property taxes on the property and is an owner of
5record of a legal or equitable interest in the cooperative
6apartment building, other than a leasehold interest. For
7purposes of this Section, the term "life care facility" has the
8meaning stated in Section 15-170.
9    "Household", as used in this Section, means the owner, the
10spouse of the owner, and all persons using the residence of the
11owner as their principal place of residence.
12    "Household income", as used in this Section, means the
13combined income of the members of a household for the calendar
14year preceding the taxable year.
15    "Income", as used in this Section, has the same meaning as
16provided in Section 3.07 of the Senior Citizens and Persons
17with Disabilities Property Tax Relief Act, except that "income"
18does not include veteran's benefits.
19    (g) In a cooperative where a homestead exemption has been
20granted, the cooperative association or its management firm
21shall credit the savings resulting from that exemption only to
22the apportioned tax liability of the owner who qualified for
23the exemption. Any person who willfully refuses to so credit
24the savings shall be guilty of a Class B misdemeanor.
25    (h) Where married persons maintain and reside in separate
26residences qualifying as homestead property, each residence

 

 

HB5540 Engrossed- 307 -LRB099 16003 AMC 40320 b

1shall receive 50% of the total reduction in equalized assessed
2valuation provided by this Section.
3    (i) In all counties, the assessor or chief county
4assessment officer may determine the eligibility of
5residential property to receive the homestead exemption and the
6amount of the exemption by application, visual inspection,
7questionnaire or other reasonable methods. The determination
8shall be made in accordance with guidelines established by the
9Department, provided that the taxpayer applying for an
10additional general exemption under this Section shall submit to
11the chief county assessment officer an application with an
12affidavit of the applicant's total household income, age,
13marital status (and, if married, the name and address of the
14applicant's spouse, if known), and principal dwelling place of
15members of the household on January 1 of the taxable year. The
16Department shall issue guidelines establishing a method for
17verifying the accuracy of the affidavits filed by applicants
18under this paragraph. The applications shall be clearly marked
19as applications for the Additional General Homestead
20Exemption.
21    (i-5) This subsection (i-5) applies to counties with
223,000,000 or more inhabitants. In the event of a sale of
23homestead property, the homestead exemption shall remain in
24effect for the remainder of the assessment year of the sale.
25Upon receipt of a transfer declaration transmitted by the
26recorder pursuant to Section 31-30 of the Real Estate Transfer

 

 

HB5540 Engrossed- 308 -LRB099 16003 AMC 40320 b

1Tax Law for property receiving an exemption under this Section,
2the assessor shall mail a notice and forms to the new owner of
3the property providing information pertaining to the rules and
4applicable filing periods for applying or reapplying for
5homestead exemptions under this Code for which the property may
6be eligible. If the new owner fails to apply or reapply for a
7homestead exemption during the applicable filing period or the
8property no longer qualifies for an existing homestead
9exemption, the assessor shall cancel such exemption for any
10ensuing assessment year.
11    (j) In counties with fewer than 3,000,000 inhabitants, in
12the event of a sale of homestead property the homestead
13exemption shall remain in effect for the remainder of the
14assessment year of the sale. The assessor or chief county
15assessment officer may require the new owner of the property to
16apply for the homestead exemption for the following assessment
17year.
18    (k) Notwithstanding Sections 6 and 8 of the State Mandates
19Act, no reimbursement by the State is required for the
20implementation of any mandate created by this Section.
21(Source: P.A. 98-7, eff. 4-23-13; 98-463, eff. 8-16-13; 99-143,
22eff. 7-27-15; 99-164, eff. 7-28-15; revised 8-25-15.)
 
23    Section 175. The Electricity Excise Tax Law is amended by
24changing Section 2-10 as follows:
 

 

 

HB5540 Engrossed- 309 -LRB099 16003 AMC 40320 b

1    (35 ILCS 640/2-10)
2    Sec. 2-10. Election and registration to be self-assessing
3purchaser. Any purchaser for non-residential electric use may
4elect to register with the Department as a self-assessing
5purchaser and to pay the tax imposed by Section 2-4 directly to
6the Department, at the rate stated in that Section for
7self-assessing purchasers, rather than paying the tax to such
8purchaser's delivering supplier. The election by a purchaser to
9register as a self-assessing purchaser may not be revoked by
10the purchaser for at least 2 years thereafter. A purchaser who
11revokes his or her registration as a self-assessing purchaser
12shall not thereafter be permitted to register as a
13self-assessing purchaser within the succeeding 2 years. A
14self-assessing purchaser shall renew his or her registration
15every 2 years, or the registration shall be deemed to be
16revoked.
17    Application for a certificate of registration as a
18self-assessing purchaser shall be made to the Department upon
19forms furnished by the Department and shall contain any
20reasonable information the Department may require. The
21self-assessing purchaser shall be required to disclose the name
22of the delivering supplier or suppliers and each account
23numbers for which the self-assessing purchaser elects to pay
24the tax imposed by Section 2-4 directly to the Department. Upon
25receipt of the application for a certificate of registration in
26proper form and payment of a an non-refundable biennial fee of

 

 

HB5540 Engrossed- 310 -LRB099 16003 AMC 40320 b

1$200, the Department shall issue to the applicant a certificate
2of registration that permits the person to whom it was issued
3to pay the tax incurred under this Law directly to the
4Department for a period of 2 years. The Department shall notify
5the delivering supplier or suppliers that the applicant has
6been registered as a self-assessing purchaser for the accounts
7listed by the self-assessing purchaser. A certificate of
8registration under this Section shall be renewed upon
9application and payment of a non-refundable biennial $200 fee,
10subject to revocation as provided by this Law, for additional
112-year periods from the date of its expiration unless otherwise
12notified by the Department.
13    Upon notification by the Department that an applicant has
14been registered as a self-assessing purchaser, the delivering
15supplier is no longer required to collect the tax imposed by
16this Act for the accounts specifically listed by the
17self-assessing purchaser, until the delivering supplier is
18notified by the Department as set forth below that the
19self-assessing purchaser's certificate of registration has
20been expired, revoked, or denied.
21    The Department may deny a certificate of registration to
22any applicant if the owner, any partner, any manager or member
23of a limited liability company, or a corporate officer of the
24applicant, is or has been the owner, a partner, a manager or
25member of a limited liability company, or a corporate officer,
26of another self-assessing purchaser that is in default for

 

 

HB5540 Engrossed- 311 -LRB099 16003 AMC 40320 b

1moneys due under this Law.
2    Any person aggrieved by any decision of the Department
3under this Section may, within 20 days after notice of such
4decision, protest and request a hearing, whereupon the
5Department shall give notice to such person of the time and
6place fixed for such hearing and shall hold a hearing in
7conformity with the provisions of this Law and then issue its
8final administrative decision in the matter to such person. In
9the absence of such a protest within 20 days, the Department's
10decision shall become final without any further determination
11being made or notice given. Upon the expiration, revocation, or
12denial of a certificate of registration as a self-assessing
13purchaser, the Department of Revenue shall provide written
14notice of the expiration, revocation, or denial of the
15certificate to the self-assessing purchaser's delivering
16supplier or suppliers.
17(Source: P.A. 90-561, eff. 8-1-98; 90-624, eff. 7-10-98;
18revised 10-13-15.)
 
19    Section 180. The Illinois Pension Code is amended by
20changing Sections 7-172.1 and 16-152 as follows:
 
21    (40 ILCS 5/7-172.1)  (from Ch. 108 1/2, par. 7-172.1)
22    Sec. 7-172.1. Actions to enforce payments by
23municipalities and instrumentalities.
24    (a) If any participating municipality or participating

 

 

HB5540 Engrossed- 312 -LRB099 16003 AMC 40320 b

1instrumentality fails to transmit to the Fund contributions
2required of it under this Article or contributions collected by
3it from its participating employees for the purposes of this
4Article for more than 60 days after the payment of such
5contributions is due, the Fund, after giving notice to such
6municipality or instrumentality, may certify to the State
7Comptroller the amounts of such delinquent payments in
8accordance with any applicable rules of the Comptroller, and
9the Comptroller shall deduct the amounts so certified or any
10part thereof from any payments of State funds to the
11municipality or instrumentality involved and shall remit the
12amount so deducted to the Fund. If State funds from which such
13deductions may be made are not available, the Fund may proceed
14against the municipality or instrumentality to recover the
15amounts of such delinquent payments in the appropriate circuit
16court.
17    (b) If any participating municipality fails to transmit to
18the Fund contributions required of it under this Article or
19contributions collected by it from its participating employees
20for the purposes of this Article for more than 60 days after
21the payment of such contributions is due, the Fund, after
22giving notice to such municipality, may certify the fact of
23such delinquent payment to the county treasurer of the county
24in which such municipality is located, who shall thereafter
25remit the amounts collected from the tax levied by the
26municipality under Section 7-171 directly to the Fund.

 

 

HB5540 Engrossed- 313 -LRB099 16003 AMC 40320 b

1    (c) If reports furnished to the Fund by the municipality or
2instrumentality involved are inadequate for the computation of
3the amounts of such delinquent payments, the Fund may provide
4for such audit of the records of the municipality or
5instrumentality as may be required to establish the amounts of
6such delinquent payments. The municipality or instrumentality
7shall make its records available to the Fund for the purpose of
8such audit. The cost of such audit shall be added to the amount
9of the delinquent payments and shall be recovered by the Fund
10from the municipality or instrumentality at the same time and
11in the same manner as the delinquent payments are recovered.
12(Source: P.A. 99-8, eff. 7-9-15; 99-239, eff. 8-3-15; revised
1310-8-15.)
 
14    (40 ILCS 5/16-152)  (from Ch. 108 1/2, par. 16-152)
15    (Text of Section WITH the changes made by P.A. 98-599,
16which has been held unconstitutional)
17    Sec. 16-152. Contributions by members.
18    (a) Except as provided in subsection (a-5), each member
19shall make contributions for membership service to this System
20as follows:
21        (1) Effective July 1, 1998, contributions of 7.50% of
22    salary towards the cost of the retirement annuity. Such
23    contributions shall be deemed "normal contributions".
24        (2) Effective July 1, 1969 and, in the case of Tier 1
25    members, ending on June 30, 2014, contributions of 1/2 of

 

 

HB5540 Engrossed- 314 -LRB099 16003 AMC 40320 b

1    1% of salary toward the cost of the automatic annual
2    increase in retirement annuity provided under Section
3    16-133.1.
4        (3) Effective July 24, 1959, contributions of 1% of
5    salary towards the cost of survivor benefits. Such
6    contributions shall not be credited to the individual
7    account of the member and shall not be subject to refund
8    except as provided under Section 16-143.2.
9        (4) Effective July 1, 2005, contributions of 0.40% of
10    salary toward the cost of the early retirement without
11    discount option provided under Section 16-133.2. This
12    contribution shall cease upon termination of the early
13    retirement without discount option as provided in Section
14    16-133.2.
15    (a-5) Beginning July 1, 2014, in lieu of the contribution
16otherwise required under paragraph (1) of subsection (a), each
17Tier 1 member shall contribute 7% of salary towards the cost of
18the retirement annuity. Contributions made pursuant to this
19subsection (a-5) shall be deemed "normal contributions".
20    (b) The minimum required contribution for any year of
21full-time teaching service shall be $192.
22    (c) Contributions shall not be required of any annuitant
23receiving a retirement annuity who is given employment as
24permitted under Section 16-118 or 16-150.1.
25    (d) A person who (i) was a member before July 1, 1998, (ii)
26retires with more than 34 years of creditable service, and

 

 

HB5540 Engrossed- 315 -LRB099 16003 AMC 40320 b

1(iii) does not elect to qualify for the augmented rate under
2Section 16-129.1 shall be entitled, at the time of retirement,
3to receive a partial refund of contributions made under this
4Section for service occurring after the later of June 30, 1998
5or attainment of 34 years of creditable service, in an amount
6equal to 1.00% of the salary upon which those contributions
7were based.
8    (e) A member's contributions toward the cost of early
9retirement without discount made under item (a)(4) of this
10Section shall not be refunded if the member has elected early
11retirement without discount under Section 16-133.2 and has
12begun to receive a retirement annuity under this Article
13calculated in accordance with that election. Otherwise, a
14member's contributions toward the cost of early retirement
15without discount made under item (a)(4) of this Section shall
16be refunded according to whichever one of the following
17circumstances occurs first:
18        (1) The contributions shall be refunded to the member,
19    without interest, within 120 days after the member's
20    retirement annuity commences, if the member does not elect
21    early retirement without discount under Section 16-133.2.
22        (2) The contributions shall be included, without
23    interest, in any refund claimed by the member under Section
24    16-151.
25        (3) The contributions shall be refunded to the member's
26    designated beneficiary (or if there is no beneficiary, to

 

 

HB5540 Engrossed- 316 -LRB099 16003 AMC 40320 b

1    the member's estate), without interest, if the member dies
2    without having begun to receive a retirement annuity under
3    this Article.
4        (4) The contributions shall be refunded to the member,
5    without interest, if the early retirement without discount
6    option provided under subsection (d) of Section 16-133.2 is
7    terminated. In that event, the System shall provide to the
8    member, within 120 days after the option is terminated, an
9    application for a refund of those contributions.
10(Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; 98-599,
11eff. 6-1-14.)
 
12    (Text of Section WITHOUT the changes made by P.A. 98-599,
13which has been held unconstitutional)
14    Sec. 16-152. Contributions by members.
15    (a) Each member shall make contributions for membership
16service to this System as follows:
17        (1) Effective July 1, 1998, contributions of 7.50% of
18    salary towards the cost of the retirement annuity. Such
19    contributions shall be deemed "normal contributions".
20        (2) Effective July 1, 1969, contributions of 1/2 of 1%
21    of salary toward the cost of the automatic annual increase
22    in retirement annuity provided under Section 16-133.1.
23        (3) Effective July 24, 1959, contributions of 1% of
24    salary towards the cost of survivor benefits. Such
25    contributions shall not be credited to the individual

 

 

HB5540 Engrossed- 317 -LRB099 16003 AMC 40320 b

1    account of the member and shall not be subject to refund
2    except as provided under Section 16-143.2.
3        (4) Effective July 1, 2005, contributions of 0.40% of
4    salary toward the cost of the early retirement without
5    discount option provided under Section 16-133.2. This
6    contribution shall cease upon termination of the early
7    retirement without discount option as provided in Section
8    16-133.2.
9    (b) The minimum required contribution for any year of
10full-time teaching service shall be $192.
11    (c) Contributions shall not be required of any annuitant
12receiving a retirement annuity who is given employment as
13permitted under Section 16-118 or 16-150.1.
14    (d) A person who (i) was a member before July 1, 1998, (ii)
15retires with more than 34 years of creditable service, and
16(iii) does not elect to qualify for the augmented rate under
17Section 16-129.1 shall be entitled, at the time of retirement,
18to receive a partial refund of contributions made under this
19Section for service occurring after the later of June 30, 1998
20or attainment of 34 years of creditable service, in an amount
21equal to 1.00% of the salary upon which those contributions
22were based.
23    (e) A member's contributions toward the cost of early
24retirement without discount made under item (a)(4) of this
25Section shall not be refunded if the member has elected early
26retirement without discount under Section 16-133.2 and has

 

 

HB5540 Engrossed- 318 -LRB099 16003 AMC 40320 b

1begun to receive a retirement annuity under this Article
2calculated in accordance with that election. Otherwise, a
3member's contributions toward the cost of early retirement
4without discount made under item (a)(4) of this Section shall
5be refunded according to whichever one of the following
6circumstances occurs first:
7        (1) The contributions shall be refunded to the member,
8    without interest, within 120 days after the member's
9    retirement annuity commences, if the member does not elect
10    early retirement without discount under Section 16-133.2.
11        (2) The contributions shall be included, without
12    interest, in any refund claimed by the member under Section
13    16-151.
14        (3) The contributions shall be refunded to the member's
15    designated beneficiary (or if there is no beneficiary, to
16    the member's estate), without interest, if the member dies
17    without having begun to receive a retirement annuity under
18    this Article.
19        (4) The contributions shall be refunded to the member,
20    without interest, if the early retirement without discount
21    option provided under subsection (d) of Section 16-133.2 is
22    terminated. In that event, the System shall provide to the
23    member, within 120 days after the option is terminated, an
24    application for a refund of those contributions.
25(Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; revised
267-23-13.)
 

 

 

HB5540 Engrossed- 319 -LRB099 16003 AMC 40320 b

1    Section 185. The Innovation Development and Economy Act is
2amended by changing Sections 10 and 40 as follows:
 
3    (50 ILCS 470/10)
4    Sec. 10. Definitions. As used in this Act, the following
5words and phrases shall have the following meanings unless a
6different meaning clearly appears from the context:
7    "Base year" means the calendar year immediately prior to
8the calendar year in which the STAR bond district is
9established.
10    "Commence work" means the manifest commencement of actual
11operations on the development site, such as, erecting a
12building, general on-site and off-site grading and utility
13installations, commencing design and construction
14documentation, ordering lead-time materials, excavating the
15ground to lay a foundation or a basement, or work of like
16description which a reasonable person would recognize as being
17done with the intention and purpose to continue work until the
18project is completed.
19    "County" means the county in which a proposed STAR bond
20district is located.
21    "De minimis minimus" means an amount less than 15% of the
22land area within a STAR bond district.
23    "Department of Revenue" means the Department of Revenue of
24the State of Illinois.

 

 

HB5540 Engrossed- 320 -LRB099 16003 AMC 40320 b

1    "Destination user" means an owner, operator, licensee,
2co-developer, subdeveloper, or tenant (i) that operates a
3business within a STAR bond district that is a retail store
4having at least 150,000 square feet of sales floor area; (ii)
5that at the time of opening does not have another Illinois
6location within a 70 mile radius; (iii) that has an annual
7average of not less than 30% of customers who travel from at
8least 75 miles away or from out-of-state, as demonstrated by
9data from a comparable existing store or stores, or, if there
10is no comparable existing store, as demonstrated by an economic
11analysis that shows that the proposed retailer will have an
12annual average of not less than 30% of customers who travel
13from at least 75 miles away or from out-of-state; and (iv) that
14makes an initial capital investment, including project costs
15and other direct costs, of not less than $30,000,000 for such
16retail store.
17    "Destination hotel" means a hotel (as that term is defined
18in Section 2 of the Hotel Operators' Occupation Tax Act)
19complex having at least 150 guest rooms and which also includes
20a venue for entertainment attractions, rides, or other
21activities oriented toward the entertainment and amusement of
22its guests and other patrons.
23    "Developer" means any individual, corporation, trust,
24estate, partnership, limited liability partnership, limited
25liability company, or other entity. The term does not include a
26not-for-profit entity, political subdivision, or other agency

 

 

HB5540 Engrossed- 321 -LRB099 16003 AMC 40320 b

1or instrumentality of the State.
2    "Director" means the Director of Revenue, who shall consult
3with the Director of Commerce and Economic Opportunity in any
4approvals or decisions required by the Director under this Act.
5    "Economic impact study" means a study conducted by an
6independent economist to project the financial benefit of the
7proposed STAR bond project to the local, regional, and State
8economies, consider the proposed adverse impacts on similar
9projects and businesses, as well as municipalities within the
10projected market area, and draw conclusions about the net
11effect of the proposed STAR bond project on the local,
12regional, and State economies. A copy of the economic impact
13study shall be provided to the Director for review.
14    "Eligible area" means any improved or vacant area that (i)
15is contiguous and is not, in the aggregate, less than 250 acres
16nor more than 500 acres which must include only parcels of real
17property directly and substantially benefited by the proposed
18STAR bond district plan, (ii) is adjacent to a federal
19interstate highway, (iii) is within one mile of 2 State
20highways, (iv) is within one mile of an entertainment user, or
21a major or minor league sports stadium or other similar
22entertainment venue that had an initial capital investment of
23at least $20,000,000, and (v) includes land that was previously
24surface or strip mined. The area may be bisected by streets,
25highways, roads, alleys, railways, bike paths, streams,
26rivers, and other waterways and still be deemed contiguous. In

 

 

HB5540 Engrossed- 322 -LRB099 16003 AMC 40320 b

1addition, in order to constitute an eligible area one of the
2following requirements must be satisfied and all of which are
3subject to the review and approval of the Director as provided
4in subsection (d) of Section 15:
5        (a) the governing body of the political subdivision
6    shall have determined that the area meets the requirements
7    of a "blighted area" as defined under the Tax Increment
8    Allocation Redevelopment Act; or
9        (b) the governing body of the political subdivision
10    shall have determined that the area is a blighted area as
11    determined under the provisions of Section 11-74.3-5 of the
12    Illinois Municipal Code; or
13        (c) the governing body of the political subdivision
14    shall make the following findings:
15            (i) that the vacant portions of the area have
16        remained vacant for at least one year, or that any
17        building located on a vacant portion of the property
18        was demolished within the last year and that the
19        building would have qualified under item (ii) of this
20        subsection;
21            (ii) if portions of the area are currently
22        developed, that the use, condition, and character of
23        the buildings on the property are not consistent with
24        the purposes set forth in Section 5;
25            (iii) that the STAR bond district is expected to
26        create or retain job opportunities within the

 

 

HB5540 Engrossed- 323 -LRB099 16003 AMC 40320 b

1        political subdivision;
2            (iv) that the STAR bond district will serve to
3        further the development of adjacent areas;
4            (v) that without the availability of STAR bonds,
5        the projects described in the STAR bond district plan
6        would not be possible;
7            (vi) that the master developer meets high
8        standards of creditworthiness and financial strength
9        as demonstrated by one or more of the following: (i)
10        corporate debenture ratings of BBB or higher by
11        Standard & Poor's Corporation or Baa or higher by
12        Moody's Investors Service, Inc.; (ii) a letter from a
13        financial institution with assets of $10,000,000 or
14        more attesting to the financial strength of the master
15        developer; or (iii) specific evidence of equity
16        financing for not less than 10% of the estimated total
17        STAR bond project costs;
18            (vii) that the STAR bond district will strengthen
19        the commercial sector of the political subdivision;
20            (viii) that the STAR bond district will enhance the
21        tax base of the political subdivision; and
22            (ix) that the formation of a STAR bond district is
23        in the best interest of the political subdivision.
24    "Entertainment user" means an owner, operator, licensee,
25co-developer, subdeveloper, or tenant that operates a business
26within a STAR bond district that has a primary use of providing

 

 

HB5540 Engrossed- 324 -LRB099 16003 AMC 40320 b

1a venue for entertainment attractions, rides, or other
2activities oriented toward the entertainment and amusement of
3its patrons, occupies at least 20 acres of land in the STAR
4bond district, and makes an initial capital investment,
5including project costs and other direct and indirect costs, of
6not less than $25,000,000 for that venue.
7    "Feasibility study" means a feasibility study as defined in
8subsection (b) of Section 20.
9    "Infrastructure" means the public improvements and private
10improvements that serve the public purposes set forth in
11Section 5 of this Act and that benefit the STAR bond district
12or any STAR bond projects, including, but not limited to,
13streets, drives and driveways, traffic and directional signs
14and signals, parking lots and parking facilities,
15interchanges, highways, sidewalks, bridges, underpasses and
16overpasses, bike and walking trails, sanitary storm sewers and
17lift stations, drainage conduits, channels, levees, canals,
18storm water detention and retention facilities, utilities and
19utility connections, water mains and extensions, and street and
20parking lot lighting and connections.
21    "Local sales taxes" means any locally imposed taxes
22received by a municipality, county, or other local governmental
23entity arising from sales by retailers and servicemen within a
24STAR bond district, including business district sales taxes and
25STAR bond occupation taxes, and that portion of the net revenue
26realized under the Retailers' Occupation Tax Act, the Use Tax

 

 

HB5540 Engrossed- 325 -LRB099 16003 AMC 40320 b

1Act, the Service Use Tax Act, and the Service Occupation Tax
2Act from transactions at places of business located within a
3STAR bond district that is deposited into the Local Government
4Tax Fund and the County and Mass Transit District Fund. For the
5purpose of this Act, "local sales taxes" does not include (i)
6any taxes authorized pursuant to the Local Mass Transit
7District Act or the Metro-East Park and Recreation District Act
8for so long as the applicable taxing district does not impose a
9tax on real property, (ii) county school facility occupation
10taxes imposed pursuant to Section 5-1006.7 of the Counties
11Code, or (iii) any taxes authorized under the Flood Prevention
12District Act.
13    "Local sales tax increment" means, with respect to local
14sales taxes administered by the Illinois Department of Revenue,
15(i) all of the local sales tax paid by destination users,
16destination hotels, and entertainment users that is in excess
17of the local sales tax paid by destination users, destination
18hotels, and entertainment users for the same month in the base
19year, as determined by the Illinois Department of Revenue, (ii)
20in the case of a municipality forming a STAR bond district that
21is wholly within the corporate boundaries of the municipality
22and in the case of a municipality and county forming a STAR
23bond district that is only partially within such municipality,
24that portion of the local sales tax paid by taxpayers that are
25not destination users, destination hotels, or entertainment
26users that is in excess of the local sales tax paid by

 

 

HB5540 Engrossed- 326 -LRB099 16003 AMC 40320 b

1taxpayers that are not destination users, destination hotels,
2or entertainment users for the same month in the base year, as
3determined by the Illinois Department of Revenue, and (iii) in
4the case of a county in which a STAR bond district is formed
5that is wholly within a municipality, that portion of the local
6sales tax paid by taxpayers that are not destination users,
7destination hotels, or entertainment users that is in excess of
8the local sales tax paid by taxpayers that are not destination
9users, destination hotels, or entertainment users for the same
10month in the base year, as determined by the Illinois
11Department of Revenue, but only if the corporate authorities of
12the county adopts an ordinance, and files a copy with the
13Department within the same time frames as required for STAR
14bond occupation taxes under Section 31, that designates the
15taxes referenced in this clause (iii) as part of the local
16sales tax increment under this Act. "Local sales tax increment"
17means, with respect to local sales taxes administered by a
18municipality, county, or other unit of local government, that
19portion of the local sales tax that is in excess of the local
20sales tax for the same month in the base year, as determined by
21the respective municipality, county, or other unit of local
22government. If any portion of local sales taxes are, at the
23time of formation of a STAR bond district, already subject to
24tax increment financing under the Tax Increment Allocation
25Redevelopment Act, then the local sales tax increment for such
26portion shall be frozen at the base year established in

 

 

HB5540 Engrossed- 327 -LRB099 16003 AMC 40320 b

1accordance with this Act, and all future incremental increases
2shall be included in the "local sales tax increment" under this
3Act. Any party otherwise entitled to receipt of incremental
4local sales tax revenues through an existing tax increment
5financing district shall be entitled to continue to receive
6such revenues up to the amount frozen in the base year. Nothing
7in this Act shall affect the prior qualification of existing
8redevelopment project costs incurred that are eligible for
9reimbursement under the Tax Increment Allocation Redevelopment
10Act. In such event, prior to approving a STAR bond district,
11the political subdivision forming the STAR bond district shall
12take such action as is necessary, including amending the
13existing tax increment financing district redevelopment plan,
14to carry out the provisions of this Act. The Illinois
15Department of Revenue shall allocate the local sales tax
16increment only if the local sales tax is administered by the
17Department.
18    "Market study" means a study to determine the ability of
19the proposed STAR bond project to gain market share locally and
20regionally and to remain profitable past the term of repayment
21of STAR bonds.
22    "Master developer" means a developer cooperating with a
23political subdivision to plan, develop, and implement a STAR
24bond project plan for a STAR bond district. Subject to the
25limitations of Section 25, the master developer may work with
26and transfer certain development rights to other developers for

 

 

HB5540 Engrossed- 328 -LRB099 16003 AMC 40320 b

1the purpose of implementing STAR bond project plans and
2achieving the purposes of this Act. A master developer for a
3STAR bond district shall be appointed by a political
4subdivision in the resolution establishing the STAR bond
5district, and the master developer must, at the time of
6appointment, own or have control of, through purchase
7agreements, option contracts, or other means, not less than 50%
8of the acreage within the STAR bond district and the master
9developer or its affiliate must have ownership or control on
10June 1, 2010.
11    "Master development agreement" means an agreement between
12the master developer and the political subdivision to govern a
13STAR bond district and any STAR bond projects.
14    "Municipality" means the city, village, or incorporated
15town in which a proposed STAR bond district is located.
16    "Pledged STAR revenues" means those sales tax and revenues
17and other sources of funds pledged to pay debt service on STAR
18bonds or to pay project costs pursuant to Section 30.
19Notwithstanding any provision to the contrary, the following
20revenues shall not constitute pledged STAR revenues or be
21available to pay principal and interest on STAR bonds: any
22State sales tax increment or local sales tax increment from a
23retail entity initiating operations in a STAR bond district
24while terminating operations at another Illinois location
25within 25 miles of the STAR bond district. For purposes of this
26paragraph, "terminating operations" means a closing of a retail

 

 

HB5540 Engrossed- 329 -LRB099 16003 AMC 40320 b

1operation that is directly related to the opening of the same
2operation or like retail entity owned or operated by more than
350% of the original ownership in a STAR bond district within
4one year before or after initiating operations in the STAR bond
5district, but it does not mean closing an operation for reasons
6beyond the control of the retail entity, as documented by the
7retail entity, subject to a reasonable finding by the
8municipality (or county if such retail operation is not located
9within a municipality) in which the terminated operations were
10located that the closed location contained inadequate space,
11had become economically obsolete, or was no longer a viable
12location for the retailer or serviceman.
13    "Political subdivision" means a municipality or county
14which undertakes to establish a STAR bond district pursuant to
15the provisions of this Act.
16    "Project costs" means and includes the sum total of all
17costs incurred or estimated to be incurred on or following the
18date of establishment of a STAR bond district that are
19reasonable or necessary to implement a STAR bond district plan
20or any STAR bond project plans, or both, including costs
21incurred for public improvements and private improvements that
22serve the public purposes set forth in Section 5 of this Act.
23Such costs include without limitation the following:
24        (a) costs of studies, surveys, development of plans and
25    specifications, formation, implementation, and
26    administration of a STAR bond district, STAR bond district

 

 

HB5540 Engrossed- 330 -LRB099 16003 AMC 40320 b

1    plan, any STAR bond projects, or any STAR bond project
2    plans, including, but not limited to, staff and
3    professional service costs for architectural, engineering,
4    legal, financial, planning, or other services, provided
5    however that no charges for professional services may be
6    based on a percentage of the tax increment collected and no
7    contracts for professional services, excluding
8    architectural and engineering services, may be entered
9    into if the terms of the contract extend beyond a period of
10    3 years;
11        (b) property assembly costs, including, but not
12    limited to, acquisition of land and other real property or
13    rights or interests therein, located within the boundaries
14    of a STAR bond district, demolition of buildings, site
15    preparation, site improvements that serve as an engineered
16    barrier addressing ground level or below ground
17    environmental contamination, including, but not limited
18    to, parking lots and other concrete or asphalt barriers,
19    the clearing and grading of land, and importing additional
20    soil and fill materials, or removal of soil and fill
21    materials from the site;
22        (c) subject to paragraph (d), costs of buildings and
23    other vertical improvements that are located within the
24    boundaries of a STAR bond district and owned by a political
25    subdivision or other public entity, including without
26    limitation police and fire stations, educational

 

 

HB5540 Engrossed- 331 -LRB099 16003 AMC 40320 b

1    facilities, and public restrooms and rest areas;
2        (c-1) costs of buildings and other vertical
3    improvements that are located within the boundaries of a
4    STAR bond district and owned by a destination user or
5    destination hotel; except that only 2 destination users in
6    a STAR bond district and one destination hotel are eligible
7    to include the cost of those vertical improvements as
8    project costs;
9        (c-5) costs of buildings; rides and attractions, which
10    include carousels, slides, roller coasters, displays,
11    models, towers, works of art, and similar theme and
12    amusement park improvements; and other vertical
13    improvements that are located within the boundaries of a
14    STAR bond district and owned by an entertainment user;
15    except that only one entertainment user in a STAR bond
16    district is eligible to include the cost of those vertical
17    improvements as project costs;
18        (d) costs of the design and construction of
19    infrastructure and public works located within the
20    boundaries of a STAR bond district that are reasonable or
21    necessary to implement a STAR bond district plan or any
22    STAR bond project plans, or both, except that project costs
23    shall not include the cost of constructing a new municipal
24    public building principally used to provide offices,
25    storage space, or conference facilities or vehicle
26    storage, maintenance, or repair for administrative, public

 

 

HB5540 Engrossed- 332 -LRB099 16003 AMC 40320 b

1    safety, or public works personnel and that is not intended
2    to replace an existing public building unless the political
3    subdivision makes a reasonable determination in a STAR bond
4    district plan or any STAR bond project plans, supported by
5    information that provides the basis for that
6    determination, that the new municipal building is required
7    to meet an increase in the need for public safety purposes
8    anticipated to result from the implementation of the STAR
9    bond district plan or any STAR bond project plans;
10        (e) costs of the design and construction of the
11    following improvements located outside the boundaries of a
12    STAR bond district, provided that the costs are essential
13    to further the purpose and development of a STAR bond
14    district plan and either (i) part of and connected to
15    sewer, water, or utility service lines that physically
16    connect to the STAR bond district or (ii) significant
17    improvements for adjacent offsite highways, streets,
18    roadways, and interchanges that are approved by the
19    Illinois Department of Transportation. No other cost of
20    infrastructure and public works improvements located
21    outside the boundaries of a STAR bond district may be
22    deemed project costs;
23        (f) costs of job training and retraining projects,
24    including the cost of "welfare to work" programs
25    implemented by businesses located within a STAR bond
26    district;

 

 

HB5540 Engrossed- 333 -LRB099 16003 AMC 40320 b

1        (g) financing costs, including, but not limited to, all
2    necessary and incidental expenses related to the issuance
3    of obligations and which may include payment of interest on
4    any obligations issued hereunder including interest
5    accruing during the estimated period of construction of any
6    improvements in a STAR bond district or any STAR bond
7    projects for which such obligations are issued and for not
8    exceeding 36 months thereafter and including reasonable
9    reserves related thereto;
10        (h) to the extent the political subdivision by written
11    agreement accepts and approves the same, all or a portion
12    of a taxing district's capital costs resulting from a STAR
13    bond district or STAR bond projects necessarily incurred or
14    to be incurred within a taxing district in furtherance of
15    the objectives of a STAR bond district plan or STAR bond
16    project plans;
17        (i) interest cost incurred by a developer for project
18    costs related to the acquisition, formation,
19    implementation, development, construction, and
20    administration of a STAR bond district, STAR bond district
21    plan, STAR bond projects, or any STAR bond project plans
22    provided that:
23            (i) payment of such costs in any one year may not
24        exceed 30% of the annual interest costs incurred by the
25        developer with regard to the STAR bond district or any
26        STAR bond projects during that year; and

 

 

HB5540 Engrossed- 334 -LRB099 16003 AMC 40320 b

1            (ii) the total of such interest payments paid
2        pursuant to this Act may not exceed 30% of the total
3        cost paid or incurred by the developer for a STAR bond
4        district or STAR bond projects, plus project costs,
5        excluding any property assembly costs incurred by a
6        political subdivision pursuant to this Act;
7        (j) costs of common areas located within the boundaries
8    of a STAR bond district;
9        (k) costs of landscaping and plantings, retaining
10    walls and fences, man-made lakes and ponds, shelters,
11    benches, lighting, and similar amenities located within
12    the boundaries of a STAR bond district;
13        (l) costs of mounted building signs, site monument, and
14    pylon signs located within the boundaries of a STAR bond
15    district; or
16        (m) if included in the STAR bond district plan and
17    approved in writing by the Director, salaries or a portion
18    of salaries for local government employees to the extent
19    the same are directly attributable to the work of such
20    employees on the establishment and management of a STAR
21    bond district or any STAR bond projects.
22    Except as specified in items (a) through (m), "project
23costs" shall not include:
24        (i) the cost of construction of buildings that are
25    privately owned or owned by a municipality and leased to a
26    developer or retail user for non-entertainment retail

 

 

HB5540 Engrossed- 335 -LRB099 16003 AMC 40320 b

1    uses;
2        (ii) moving expenses for employees of the businesses
3    locating within the STAR bond district;
4        (iii) property taxes for property located in the STAR
5    bond district;
6        (iv) lobbying costs; and
7        (v) general overhead or administrative costs of the
8    political subdivision that would still have been incurred
9    by the political subdivision if the political subdivision
10    had not established a STAR bond district.
11    "Project development agreement" means any one or more
12agreements, including any amendments thereto, between a master
13developer and any co-developer or subdeveloper in connection
14with a STAR bond project, which project development agreement
15may include the political subdivision as a party.
16    "Projected market area" means any area within the State in
17which a STAR bond district or STAR bond project is projected to
18have a significant fiscal or market impact as determined by the
19Director.
20    "Resolution" means a resolution, order, ordinance, or
21other appropriate form of legislative action of a political
22subdivision or other applicable public entity approved by a
23vote of a majority of a quorum at a meeting of the governing
24body of the political subdivision or applicable public entity.
25    "STAR bond" means a sales tax and revenue bond, note, or
26other obligation payable from pledged STAR revenues and issued

 

 

HB5540 Engrossed- 336 -LRB099 16003 AMC 40320 b

1by a political subdivision, the proceeds of which shall be used
2only to pay project costs as defined in this Act.
3    "STAR bond district" means the specific area declared to be
4an eligible area as determined by the political subdivision,
5and approved by the Director, in which the political
6subdivision may develop one or more STAR bond projects.
7    "STAR bond district plan" means the preliminary or
8conceptual plan that generally identifies the proposed STAR
9bond project areas and identifies in a general manner the
10buildings, facilities, and improvements to be constructed or
11improved in each STAR bond project area.
12    "STAR bond project" means a project within a STAR bond
13district which is approved pursuant to Section 20.
14    "STAR bond project area" means the geographic area within a
15STAR bond district in which there may be one or more STAR bond
16projects.
17    "STAR bond project plan" means the written plan adopted by
18a political subdivision for the development of a STAR bond
19project in a STAR bond district; the plan may include, but is
20not limited to, (i) project costs incurred prior to the date of
21the STAR bond project plan and estimated future STAR bond
22project costs, (ii) proposed sources of funds to pay those
23costs, (iii) the nature and estimated term of any obligations
24to be issued by the political subdivision to pay those costs,
25(iv) the most recent equalized assessed valuation of the STAR
26bond project area, (v) an estimate of the equalized assessed

 

 

HB5540 Engrossed- 337 -LRB099 16003 AMC 40320 b

1valuation of the STAR bond district or applicable project area
2after completion of a STAR bond project, (vi) a general
3description of the types of any known or proposed developers,
4users, or tenants of the STAR bond project or projects included
5in the plan, (vii) a general description of the type,
6structure, and character of the property or facilities to be
7developed or improved, (viii) a description of the general land
8uses to apply to the STAR bond project, and (ix) a general
9description or an estimate of the type, class, and number of
10employees to be employed in the operation of the STAR bond
11project.
12    "State sales tax" means all of the net revenue realized
13under the Retailers' Occupation Tax Act, the Use Tax Act, the
14Service Use Tax Act, and the Service Occupation Tax Act from
15transactions at places of business located within a STAR bond
16district, excluding that portion of the net revenue realized
17under the Retailers' Occupation Tax Act, the Use Tax Act, the
18Service Use Tax Act, and the Service Occupation Tax Act from
19transactions at places of business located within a STAR bond
20district that is deposited into the Local Government Tax Fund
21and the County and Mass Transit District Fund.
22    "State sales tax increment" means (i) 100% of that portion
23of the State sales tax that is in excess of the State sales tax
24for the same month in the base year, as determined by the
25Department of Revenue, from transactions at up to 2 destination
26users, one destination hotel, and one entertainment user

 

 

HB5540 Engrossed- 338 -LRB099 16003 AMC 40320 b

1located within a STAR bond district, which destination users,
2destination hotel, and entertainment user shall be designated
3by the master developer and approved by the political
4subdivision and the Director in conjunction with the applicable
5STAR bond project approval, and (ii) 25% of that portion of the
6State sales tax that is in excess of the State sales tax for
7the same month in the base year, as determined by the
8Department of Revenue, from all other transactions within a
9STAR bond district. If any portion of State sales taxes are, at
10the time of formation of a STAR bond district, already subject
11to tax increment financing under the Tax Increment Allocation
12Redevelopment Act, then the State sales tax increment for such
13portion shall be frozen at the base year established in
14accordance with this Act, and all future incremental increases
15shall be included in the State sales tax increment under this
16Act. Any party otherwise entitled to receipt of incremental
17State sales tax revenues through an existing tax increment
18financing district shall be entitled to continue to receive
19such revenues up to the amount frozen in the base year. Nothing
20in this Act shall affect the prior qualification of existing
21redevelopment project costs incurred that are eligible for
22reimbursement under the Tax Increment Allocation Redevelopment
23Act. In such event, prior to approving a STAR bond district,
24the political subdivision forming the STAR bond district shall
25take such action as is necessary, including amending the
26existing tax increment financing district redevelopment plan,

 

 

HB5540 Engrossed- 339 -LRB099 16003 AMC 40320 b

1to carry out the provisions of this Act.
2    "Substantial change" means a change wherein the proposed
3STAR bond project plan differs substantially in size, scope, or
4use from the approved STAR bond district plan or STAR bond
5project plan.
6    "Taxpayer" means an individual, partnership, corporation,
7limited liability company, trust, estate, or other entity that
8is subject to the Illinois Income Tax Act.
9    "Total development costs" means the aggregate public and
10private investment in a STAR bond district, including project
11costs and other direct and indirect costs related to the
12development of the STAR bond district.
13    "Traditional retail use" means the operation of a business
14that derives at least 90% of its annual gross revenue from
15sales at retail, as that phrase is defined by Section 1 of the
16Retailers' Occupation Tax Act, but does not include the
17operations of destination users, entertainment users,
18restaurants, hotels, retail uses within hotels, or any other
19non-retail uses.
20    "Vacant" means that portion of the land in a proposed STAR
21bond district that is not occupied by a building, facility, or
22other vertical improvement.
23(Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11;
24revised 10-16-15.)
 
25    (50 ILCS 470/40)

 

 

HB5540 Engrossed- 340 -LRB099 16003 AMC 40320 b

1    Sec. 40. Amendments to STAR bond district. Any addition of
2real property to a STAR bond district or any substantial change
3to a STAR bond district plan shall be subject to the same
4procedure for public notice, hearing, and approval as is
5required for the establishment of the STAR bond district
6pursuant to this Act.
7    (a) The addition or removal of land to or from a STAR bond
8district shall require the consent of the master developer of
9the STAR bond district.
10    (b) Any land that is outside of, but is contiguous to an
11established STAR bond district and is subsequently owned,
12leased, or controlled by the master developer shall be added to
13a STAR bond district at the request of the master developer and
14by approval of the political subdivision, provided that the
15land becomes a part of a STAR bond project area.
16    (c) If a political subdivision has undertaken a STAR bond
17project within a STAR bond district, and the political
18subdivision desires to subsequently remove more than a de
19minimis minimus amount of real property from the STAR bond
20district, then prior to any removal of property the political
21subdivision must provide a revised feasibility study showing
22that the pledged STAR revenues from the resulting STAR bond
23district within which the STAR bond project is located are
24estimated to be sufficient to pay the project costs. If the
25revenue from the resulting STAR bond district is insufficient
26to pay the project costs, then the property may not be removed

 

 

HB5540 Engrossed- 341 -LRB099 16003 AMC 40320 b

1from the STAR bond district. Any removal of real property from
2a STAR bond district shall be approved by a resolution of the
3governing body of the political subdivision.
4(Source: P.A. 96-939, eff. 6-24-10; revised 10-16-15.)
 
5    Section 190. The Illinois Police Training Act is amended by
6changing Section 7 and by setting forth and renumbering
7multiple versions of Section 10.17 as follows:
 
8    (50 ILCS 705/7)  (from Ch. 85, par. 507)
9    Sec. 7. Rules and standards for schools. The Board shall
10adopt rules and minimum standards for such schools which shall
11include but not be limited to the following:
12    a. The curriculum for probationary police officers which
13shall be offered by all certified schools shall include but not
14be limited to courses of procedural justice, arrest and use and
15control tactics, search and seizure, including temporary
16questioning, civil rights, human rights, human relations,
17cultural competency, including implicit bias and racial and
18ethnic sensitivity, criminal law, law of criminal procedure,
19constitutional and proper use of law enforcement authority,
20vehicle and traffic law including uniform and
21non-discriminatory enforcement of the Illinois Vehicle Code,
22traffic control and accident investigation, techniques of
23obtaining physical evidence, court testimonies, statements,
24reports, firearms training, training in the use of electronic

 

 

HB5540 Engrossed- 342 -LRB099 16003 AMC 40320 b

1control devices, including the psychological and physiological
2effects of the use of those devices on humans, first-aid
3(including cardiopulmonary resuscitation), training in the
4administration of opioid antagonists as defined in paragraph
5(1) of subsection (e) of Section 5-23 of the Alcoholism and
6Other Drug Abuse and Dependency Act, handling of juvenile
7offenders, recognition of mental conditions, including, but
8not limited to, the disease of addiction, which require
9immediate assistance and methods to safeguard and provide
10assistance to a person in need of mental treatment, recognition
11of abuse, neglect, financial exploitation, and self-neglect of
12adults with disabilities and older adults, as defined in
13Section 2 of the Adult Protective Services Act, crimes against
14the elderly, law of evidence, the hazards of high-speed police
15vehicle chases with an emphasis on alternatives to the
16high-speed chase, and physical training. The curriculum shall
17include specific training in techniques for immediate response
18to and investigation of cases of domestic violence and of
19sexual assault of adults and children, including cultural
20perceptions and common myths of rape as well as interview
21techniques that are trauma informed, victim centered, and
22victim sensitive. The curriculum shall include training in
23techniques designed to promote effective communication at the
24initial contact with crime victims and ways to comprehensively
25explain to victims and witnesses their rights under the Rights
26of Crime Victims and Witnesses Act and the Crime Victims

 

 

HB5540 Engrossed- 343 -LRB099 16003 AMC 40320 b

1Compensation Act. The curriculum shall also include a block of
2instruction aimed at identifying and interacting with persons
3with autism and other developmental or physical disabilities,
4reducing barriers to reporting crimes against persons with
5autism, and addressing the unique challenges presented by cases
6involving victims or witnesses with autism and other
7developmental disabilities. The curriculum for permanent
8police officers shall include but not be limited to (1)
9refresher and in-service training in any of the courses listed
10above in this subparagraph, (2) advanced courses in any of the
11subjects listed above in this subparagraph, (3) training for
12supervisory personnel, and (4) specialized training in
13subjects and fields to be selected by the board. The training
14in the use of electronic control devices shall be conducted for
15probationary police officers, including University police
16officers.
17    b. Minimum courses of study, attendance requirements and
18equipment requirements.
19    c. Minimum requirements for instructors.
20    d. Minimum basic training requirements, which a
21probationary police officer must satisfactorily complete
22before being eligible for permanent employment as a local law
23enforcement officer for a participating local governmental
24agency. Those requirements shall include training in first aid
25(including cardiopulmonary resuscitation).
26    e. Minimum basic training requirements, which a

 

 

HB5540 Engrossed- 344 -LRB099 16003 AMC 40320 b

1probationary county corrections officer must satisfactorily
2complete before being eligible for permanent employment as a
3county corrections officer for a participating local
4governmental agency.
5    f. Minimum basic training requirements which a
6probationary court security officer must satisfactorily
7complete before being eligible for permanent employment as a
8court security officer for a participating local governmental
9agency. The Board shall establish those training requirements
10which it considers appropriate for court security officers and
11shall certify schools to conduct that training.
12    A person hired to serve as a court security officer must
13obtain from the Board a certificate (i) attesting to his or her
14successful completion of the training course; (ii) attesting to
15his or her satisfactory completion of a training program of
16similar content and number of hours that has been found
17acceptable by the Board under the provisions of this Act; or
18(iii) attesting to the Board's determination that the training
19course is unnecessary because of the person's extensive prior
20law enforcement experience.
21    Individuals who currently serve as court security officers
22shall be deemed qualified to continue to serve in that capacity
23so long as they are certified as provided by this Act within 24
24months of June 1, 1997 (the effective date of Public Act
2589-685) this amendatory Act of 1996. Failure to be so
26certified, absent a waiver from the Board, shall cause the

 

 

HB5540 Engrossed- 345 -LRB099 16003 AMC 40320 b

1officer to forfeit his or her position.
2    All individuals hired as court security officers on or
3after the effective date of this amendatory Act of 1996 shall
4be certified within 12 months of the date of their hire, unless
5a waiver has been obtained by the Board, or they shall forfeit
6their positions.
7    The Sheriff's Merit Commission, if one exists, or the
8Sheriff's Office if there is no Sheriff's Merit Commission,
9shall maintain a list of all individuals who have filed
10applications to become court security officers and who meet the
11eligibility requirements established under this Act. Either
12the Sheriff's Merit Commission, or the Sheriff's Office if no
13Sheriff's Merit Commission exists, shall establish a schedule
14of reasonable intervals for verification of the applicants'
15qualifications under this Act and as established by the Board.
16    g. Minimum in-service training requirements, which a
17police officer must satisfactorily complete every 3 years.
18Those requirements shall include constitutional and proper use
19of law enforcement authority, procedural justice, civil
20rights, human rights, and cultural competency.
21    h. Minimum in-service training requirements, which a
22police officer must satisfactorily complete at least annually.
23Those requirements shall include law updates and use of force
24training which shall include scenario based training, or
25similar training approved by the Board.
26(Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463,

 

 

HB5540 Engrossed- 346 -LRB099 16003 AMC 40320 b

1eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16;
299-480, eff. 9-9-15; revised 10-20-15.)
 
3    (50 ILCS 705/10.17)
4    Sec. 10.17. Crisis intervention team training. The
5Illinois Law Enforcement Training and Standards Board shall
6develop and approve a standard curriculum for a certified
7training program in crisis intervention addressing specialized
8policing responses to people with mental illnesses. The Board
9shall conduct Crisis Intervention Team (CIT) training programs
10that train officers to identify signs and symptoms of mental
11illness, to de-escalate situations involving individuals who
12appear to have a mental illness, and connect that person in
13crisis to treatment. Officers who have successfully completed
14this program shall be issued a certificate attesting to their
15attendance of a Crisis Intervention Team (CIT) training
16program.
17(Source: P.A. 99-261, eff. 1-1-16.)
 
18    (50 ILCS 705/10.18)
19    Sec. 10.18 10.17. Training; administration of opioid
20antagonists. The Board shall conduct or approve an in-service
21training program for police officers in the administration of
22opioid antagonists as defined in paragraph (1) of subsection
23(e) of Section 5-23 of the Alcoholism and Other Drug Abuse and
24Dependency Act that is in accordance with that Section. As used

 

 

HB5540 Engrossed- 347 -LRB099 16003 AMC 40320 b

1in this Section 10.17, the term "police officers" includes
2full-time or part-time probationary police officers, permanent
3or part-time police officers, law enforcement officers,
4recruits, permanent or probationary county corrections
5officers, permanent or probationary county security officers,
6and court security officers. The term does not include
7auxiliary police officers as defined in Section 3.1-30-20 of
8the Illinois Municipal Code.
9(Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)
 
10    Section 195. The Law Enforcement Officer-Worn Body Camera
11Act is amended by changing Sections 10-10 and 10-20 as follows:
 
12    (50 ILCS 706/10-10)
13    Sec. 10-10. Definitions. As used in is this Act:
14    "Badge" means an officer's department issued
15identification number associated with his or her position as a
16police officer with that department.
17    "Board" means the Illinois Law Enforcement Training
18Standards Board created by the Illinois Police Training Act.
19    "Business offense" means a petty offense for which the fine
20is in excess of $1,000.
21    "Community caretaking function" means a task undertaken by
22a law enforcement officer in which the officer is performing an
23articulable act unrelated to the investigation of a crime.
24"Community caretaking function" includes, but is not limited

 

 

HB5540 Engrossed- 348 -LRB099 16003 AMC 40320 b

1to, participating in town halls or other community outreach,
2helping a child find his or her parents, providing death
3notifications, and performing in-home or hospital well-being
4checks on the sick, elderly, or persons presumed missing.
5    "Fund" means the Law Enforcement Camera Grant Fund.
6    "In uniform" means a law enforcement officer who is wearing
7any officially authorized uniform designated by a law
8enforcement agency, or a law enforcement officer who is visibly
9wearing articles of clothing, a badge, tactical gear, gun belt,
10a patch, or other insignia that he or she is a law enforcement
11officer acting in the course of his or her duties.
12    "Law enforcement officer" or "officer" means any person
13employed by a State, county, municipality, special district,
14college, unit of government, or any other entity authorized by
15law to employ peace officers or exercise police authority and
16who is primarily responsible for the prevention or detection of
17crime and the enforcement of the laws of this State.
18    "Law enforcement agency" means all State agencies with law
19enforcement officers, county sheriff's offices, municipal,
20special district, college, or unit of local government police
21departments.
22    "Law enforcement-related encounters or activities"
23include, but are not limited to, traffic stops, pedestrian
24stops, arrests, searches, interrogations, investigations,
25pursuits, crowd control, traffic control, non-community
26caretaking interactions with an individual while on patrol, or

 

 

HB5540 Engrossed- 349 -LRB099 16003 AMC 40320 b

1any other instance in which the officer is enforcing the laws
2of the municipality, county, or State. "Law
3enforcement-related encounter or activities" does not include
4when the officer is completing paperwork alone or only in the
5presence of another law enforcement officer.
6    "Minor traffic offense" means a petty offense, business
7offense, or Class C misdemeanor under the Illinois Vehicle Code
8or a similar provision of a municipal or local ordinance.
9    "Officer-worn body camera" means an electronic camera
10system for creating, generating, sending, receiving, storing,
11displaying, and processing audiovisual recordings that may be
12worn about the person of a law enforcement officer.
13    "Peace officer" has the meaning provided in Section 2-13 of
14the Criminal Code of 2012.
15    "Petty offense" means any offense for which a sentence of
16imprisonment is not an authorized disposition.
17    "Recording" means the process of capturing data or
18information stored on a recording medium as required under this
19Act.
20    "Recording medium" means any recording medium authorized
21by the Board for the retention and playback of recorded audio
22and video including, but not limited to, VHS, DVD, hard drive,
23cloud storage, solid state, digital, flash memory technology,
24or any other electronic medium.
25(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
 

 

 

HB5540 Engrossed- 350 -LRB099 16003 AMC 40320 b

1    (50 ILCS 706/10-20)
2    Sec. 10-20. Requirements.
3    (a) The Board shall develop basic guidelines for the use of
4officer-worn body cameras by law enforcement agencies. The
5guidelines developed by the Board shall be the basis for the
6written policy which must be adopted by each law enforcement
7agency which employs the use of officer-worn body cameras. The
8written policy adopted by the law enforcement agency must
9include, at a minimum, all of the following:
10        (1) Cameras must be equipped with pre-event recording,
11    capable of recording at least the 30 seconds prior to
12    camera activation, unless the officer-worn body camera was
13    purchased and acquired by the law enforcement agency prior
14    to July 1, 2015.
15        (2) Cameras must be capable of recording for a period
16    of 10 hours or more, unless the officer-worn body camera
17    was purchased and acquired by the law enforcement agency
18    prior to July 1, 2015.
19        (3) Cameras must be turned on at all times when the
20    officer is in uniform and is responding to calls for
21    service or engaged in any law enforcement-related
22    encounter or activity, that occurs while the officer is on
23    duty on-duty.
24            (A) If exigent circumstances exist which prevent
25        the camera from being turned on, the camera must be
26        turned on as soon as practicable.

 

 

HB5540 Engrossed- 351 -LRB099 16003 AMC 40320 b

1            (B) Officer-worn body cameras may be turned off
2        when the officer is inside of a patrol car which is
3        equipped with a functioning in-car camera; however,
4        the officer must turn on the camera upon exiting the
5        patrol vehicle for law enforcement-related encounters.
6        (4) Cameras must be turned off when:
7            (A) the victim of a crime requests that the camera
8        be turned off, and unless impractical or impossible,
9        that request is made on the recording;
10            (B) a witness of a crime or a community member who
11        wishes to report a crime requests that the camera be
12        turned off, and unless impractical or impossible that
13        request is made on the recording; or
14            (C) the officer is interacting with a confidential
15        informant used by the law enforcement agency.
16        However, an officer may continue to record or resume
17    recording a victim or a witness, if exigent circumstances
18    exist, or if the officer has reasonable articulable
19    suspicion that a victim or witness, or confidential
20    informant has committed or is in the process of committing
21    a crime. Under these circumstances, and unless impractical
22    or impossible, the officer must indicate on the recording
23    the reason for continuing to record despite the request of
24    the victim or witness.
25        (4.5) Cameras may be turned off when the officer is
26    engaged in community caretaking functions. However, the

 

 

HB5540 Engrossed- 352 -LRB099 16003 AMC 40320 b

1    camera must be turned on when the officer has reason to
2    believe that the person on whose behalf the officer is
3    performing a community caretaking function has committed
4    or is in the process of committing a crime. If exigent
5    circumstances exist which prevent the camera from being
6    turned on, the camera must be turned on as soon as
7    practicable.
8        (5) The officer must provide notice of recording to any
9    person if the person has a reasonable expectation of
10    privacy and proof of notice must be evident in the
11    recording. If exigent circumstances exist which prevent
12    the officer from providing notice, notice must be provided
13    as soon as practicable.
14        (6) For the purposes of redaction, labeling, or
15    duplicating recordings, access to camera recordings shall
16    be restricted to only those personnel responsible for those
17    purposes. The recording officer and his or her supervisor
18    may access and review recordings prior to completing
19    incident reports or other documentation, provided that the
20    officer or his or her supervisor discloses that fact in the
21    report or documentation.
22        (7) Recordings made on officer-worn cameras must be
23    retained by the law enforcement agency or by the camera
24    vendor used by the agency, on a recording medium for a
25    period of 90 days.
26            (A) Under no circumstances shall any recording

 

 

HB5540 Engrossed- 353 -LRB099 16003 AMC 40320 b

1        made with an officer-worn body camera be altered,
2        erased, or destroyed prior to the expiration of the
3        90-day storage period.
4            (B) Following the 90-day storage period, any and
5        all recordings made with an officer-worn body camera
6        must be destroyed, unless any encounter captured on the
7        recording has been flagged. An encounter is deemed to
8        be flagged when:
9                (i) a formal or informal complaint has been
10            filed;
11                (ii) the officer discharged his or her firearm
12            or used force during the encounter;
13                (iii) death or great bodily harm occurred to
14            any person in the recording;
15                (iv) the encounter resulted in a detention or
16            an arrest, excluding traffic stops which resulted
17            in only a minor traffic offense or business
18            offense;
19                (v) the officer is the subject of an internal
20            investigation or otherwise being investigated for
21            possible misconduct;
22                (vi) the supervisor of the officer,
23            prosecutor, defendant, or court determines that
24            the encounter has evidentiary value in a criminal
25            prosecution; or
26                (vii) the recording officer requests that the

 

 

HB5540 Engrossed- 354 -LRB099 16003 AMC 40320 b

1            video be flagged for official purposes related to
2            his or her official duties.
3            (C) Under no circumstances shall any recording
4        made with an officer-worn body camera relating to a
5        flagged encounter be altered or destroyed prior to 2
6        years after the recording was flagged. If the flagged
7        recording was used in a criminal, civil, or
8        administrative proceeding, the recording shall not be
9        destroyed except upon a final disposition and order
10        from the court.
11        (8) Following the 90-day storage period, recordings
12    may be retained if a supervisor at the law enforcement
13    agency designates the recording for training purposes. If
14    the recording is designated for training purposes, the
15    recordings may be viewed by officers, in the presence of a
16    supervisor or training instructor, for the purposes of
17    instruction, training, or ensuring compliance with agency
18    policies.
19        (9) Recordings shall not be used to discipline law
20    enforcement officers unless:
21            (A) a formal or informal complaint of misconduct
22        has been made;
23            (B) a use of force incident has occurred;
24            (C) the encounter on the recording could result in
25        a formal investigation under the Uniform Peace
26        Officers' Disciplinary Act; or

 

 

HB5540 Engrossed- 355 -LRB099 16003 AMC 40320 b

1            (D) as corroboration of other evidence of
2        misconduct.
3        Nothing in this paragraph (9) shall be construed to
4    limit or prohibit a law enforcement officer from being
5    subject to an action that does not amount to discipline.
6        (10) The law enforcement agency shall ensure proper
7    care and maintenance of officer-worn body cameras. Upon
8    becoming aware, officers must as soon as practical document
9    and notify the appropriate supervisor of any technical
10    difficulties, failures, or problems with the officer-worn
11    body camera or associated equipment. Upon receiving
12    notice, the appropriate supervisor shall make every
13    reasonable effort to correct and repair any of the
14    officer-worn body camera equipment.
15        (11) No officer may hinder or prohibit any person, not
16    a law enforcement officer, from recording a law enforcement
17    officer in the performance of his or her duties in a public
18    place or when the officer has no reasonable expectation of
19    privacy. The law enforcement agency's written policy shall
20    indicate the potential criminal penalties, as well as any
21    departmental discipline, which may result from unlawful
22    confiscation or destruction of the recording medium of a
23    person who is not a law enforcement officer. However, an
24    officer may take reasonable action to maintain safety and
25    control, secure crime scenes and accident sites, protect
26    the integrity and confidentiality of investigations, and

 

 

HB5540 Engrossed- 356 -LRB099 16003 AMC 40320 b

1    protect the public safety and order.
2    (b) Recordings made with the use of an officer-worn body
3camera are not subject to disclosure under the Freedom of
4Information Act, except that:
5        (1) if the subject of the encounter has a reasonable
6    expectation of privacy, at the time of the recording, any
7    recording which is flagged, due to the filing of a
8    complaint, discharge of a firearm, use of force, arrest or
9    detention, or resulting death or bodily harm, shall be
10    disclosed in accordance with the Freedom of Information Act
11    if:
12            (A) the subject of the encounter captured on the
13        recording is a victim or witness; and
14            (B) the law enforcement agency obtains written
15        permission of the subject or the subject's legal
16        representative;
17        (2) except as provided in paragraph (1) of this
18    subsection (b), any recording which is flagged due to the
19    filing of a complaint, discharge of a firearm, use of
20    force, arrest or detention, or resulting death or bodily
21    harm shall be disclosed in accordance with the Freedom of
22    Information Act; and
23        (3) upon request, the law enforcement agency shall
24    disclose, in accordance with the Freedom of Information
25    Act, the recording to the subject of the encounter captured
26    on the recording or to the subject's attorney, or the

 

 

HB5540 Engrossed- 357 -LRB099 16003 AMC 40320 b

1    officer or his or her legal representative.
2    For the purposes of paragraph (1) of this subsection (b),
3the subject of the encounter does not have a reasonable
4expectation of privacy if the subject was arrested as a result
5of the encounter. For purposes of subparagraph (A) of paragraph
6(1) of this subsection (b), "witness" does not include a person
7who is a victim or who was arrested as a result of the
8encounter.
9    Only recordings or portions of recordings responsive to the
10request shall be available for inspection or reproduction. Any
11recording disclosed under the Freedom of Information Act shall
12be redacted to remove identification of any person that appears
13on the recording and is not the officer, a subject of the
14encounter, or directly involved in the encounter. Nothing in
15this subsection (b) shall require the disclosure of any
16recording or portion of any recording which would be exempt
17from disclosure under the Freedom of Information Act.
18    (c) Nothing in this Section shall limit access to a camera
19recording for the purposes of complying with Supreme Court
20rules or the rules of evidence.
21(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
 
22    Section 200. The Emergency Telephone System Act is amended
23by changing Section 75 as follows:
 
24    (50 ILCS 750/75)

 

 

HB5540 Engrossed- 358 -LRB099 16003 AMC 40320 b

1    (Section scheduled to be repealed on July 1, 2017)
2    Sec. 75. Transfer of rights, functions, powers, duties, and
3property to Department of State Police; rules and standards;
4savings provisions.
5    (a) On January 1, 2016, the rights, functions, powers, and
6duties of the Illinois Commerce Commission as set forth in this
7Act and the Wireless Emergency Telephone Safety Act existing
8prior to January 1, 2016, are transferred to and shall be
9exercised by the Department of State Police. On or before
10January 1, 2016, the Commission shall transfer and deliver to
11the Department all books, records, documents, property (real
12and personal), unexpended appropriations, and pending business
13pertaining to the rights, powers, duties, and functions
14transferred to the Department under Public Act 99-6 this
15amendatory Act of the 99th General Assembly.
16    (b) The rules and standards of the Commission that are in
17effect on January 1, 2016 and that pertain to the rights,
18powers, duties, and functions transferred to the Department
19under Public Act 99-6 this amendatory Act of the 99th General
20Assembly shall become the rules and standards of the Department
21on January 1, 2016, and shall continue in effect until amended
22or repealed by the Department.
23    Any rules pertaining to the rights, powers, duties, and
24functions transferred to the Department under Public Act 99-6
25this amendatory Act of the 99th General Assembly that have been
26proposed by the Commission but have not taken effect or been

 

 

HB5540 Engrossed- 359 -LRB099 16003 AMC 40320 b

1finally adopted by January 1, 2016, shall become proposed rules
2of the Department on January 1, 2016, and any rulemaking
3procedures that have already been completed by the Commission
4for those proposed rules need not be repealed.
5    As soon as it is practical after January 1, 2016, the
6Department shall revise and clarify the rules transferred to it
7under Public Act 99-6 this amendatory Act of the 99th General
8Assembly to reflect the transfer of rights, powers, duties, and
9functions effected by Public Act 99-6 this amendatory Act of
10the 99th General Assembly using the procedures for
11recodification of rules available under the Illinois
12Administrative Procedure Act, except that existing title,
13part, and section numbering for the affected rules may be
14retained. The Department may propose and adopt under the
15Illinois Administrative Procedure Act any other rules
16necessary to consolidate and clarify those rules.
17    (c) The rights, powers, duties, and functions transferred
18to the Department by Public Act 99-6 this amendatory Act of the
1999th General Assembly shall be vested in and exercised by the
20Department subject to the provisions of this Act and the
21Wireless Emergency Telephone Safety Act. An act done by the
22Department or an officer, employee, or agent of the Department
23in the exercise of the transferred rights, powers, duties, and
24functions shall have the same legal effect as if done by the
25Commission or an officer, employee, or agent of the Commission.
26    The transfer of rights, powers, duties, and functions to

 

 

HB5540 Engrossed- 360 -LRB099 16003 AMC 40320 b

1the Department under Public Act 99-6 this amendatory Act of the
299th General Assembly does not invalidate any previous action
3taken by or in respect to the Commission, its officers,
4employees, or agents. References to the Commission or its
5officers, employees, or agents in any document, contract,
6agreement, or law shall, in appropriate contexts, be deemed to
7refer to the Department or its officers, employees, or agents.
8    The transfer of rights, powers, duties, and functions to
9the Department under Public Act 99-6 this amendatory Act of the
1099th General Assembly does not affect any person's rights,
11obligations, or duties, including any civil or criminal
12penalties applicable thereto, arising out of those transferred
13rights, powers, duties, and functions.
14    Public Act 99-6 This amendatory Act of the 99th General
15Assembly does not affect any act done, ratified, or cancelled,
16any right occurring or established, or any action or proceeding
17commenced in an administrative, civil, or criminal case before
18January 1, 2016. Any such action or proceeding that pertains to
19a right, power, duty, or function transferred to the Department
20under Public Act 99-6 this amendatory Act of the 99th General
21Assembly that is pending on that date may be prosecuted,
22defended, or continued by the Commission.
23    For the purposes of Section 9b of the State Finance Act,
24the Department is the successor to the Commission with respect
25to the rights, duties, powers, and functions transferred by
26Public Act 99-6 this amendatory Act of the 99th General

 

 

HB5540 Engrossed- 361 -LRB099 16003 AMC 40320 b

1Assembly.
2    (d) (c) The Department is authorized to enter into an
3intergovernmental agreement with the Commission for the
4purpose of having the Commission assist the Department and the
5Statewide 9-1-1 Administrator in carrying out their duties and
6functions under this Act. The agreement may provide for funding
7for the Commission for its assistance to the Department and the
8Statewide 9-1-1 Administrator.
9(Source: P.A. 99-6, eff. 6-29-15; revised 11-9-15.)
 
10    Section 205. The Counties Code is amended by changing
11Sections 3-3013, 3-8007, 3-9005, 5-1006.5, 5-1006.7, 5-12020,
12and 6-1003 as follows:
 
13    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
14    Sec. 3-3013. Preliminary investigations; blood and urine
15analysis; summoning jury; reports. Every coroner, whenever, as
16soon as he knows or is informed that the dead body of any
17person is found, or lying within his county, whose death is
18suspected of being:
19        (a) A sudden or violent death, whether apparently
20    suicidal, homicidal or accidental, including but not
21    limited to deaths apparently caused or contributed to by
22    thermal, traumatic, chemical, electrical or radiational
23    injury, or a complication of any of them, or by drowning or
24    suffocation, or as a result of domestic violence as defined

 

 

HB5540 Engrossed- 362 -LRB099 16003 AMC 40320 b

1    in the Illinois Domestic Violence Act of 1986;
2        (b) A maternal or fetal death due to abortion, or any
3    death due to a sex crime or a crime against nature;
4        (c) A death where the circumstances are suspicious,
5    obscure, mysterious or otherwise unexplained or where, in
6    the written opinion of the attending physician, the cause
7    of death is not determined;
8        (d) A death where addiction to alcohol or to any drug
9    may have been a contributory cause; or
10        (e) A death where the decedent was not attended by a
11    licensed physician;
12shall go to the place where the dead body is, and take charge
13of the same and shall make a preliminary investigation into the
14circumstances of the death. In the case of death without
15attendance by a licensed physician the body may be moved with
16the coroner's consent from the place of death to a mortuary in
17the same county. Coroners in their discretion shall notify such
18physician as is designated in accordance with Section 3-3014 to
19attempt to ascertain the cause of death, either by autopsy or
20otherwise.
21    In cases of accidental death involving a motor vehicle in
22which the decedent was (1) the operator or a suspected operator
23of a motor vehicle, or (2) a pedestrian 16 years of age or
24older, the coroner shall require that a blood specimen of at
25least 30 cc., and if medically possible a urine specimen of at
26least 30 cc. or as much as possible up to 30 cc., be withdrawn

 

 

HB5540 Engrossed- 363 -LRB099 16003 AMC 40320 b

1from the body of the decedent in a timely fashion after the
2accident causing his death, by such physician as has been
3designated in accordance with Section 3-3014, or by the coroner
4or deputy coroner or a qualified person designated by such
5physician, coroner, or deputy coroner. If the county does not
6maintain laboratory facilities for making such analysis, the
7blood and urine so drawn shall be sent to the Department of
8State Police or any other accredited or State-certified
9laboratory for analysis of the alcohol, carbon monoxide, and
10dangerous or narcotic drug content of such blood and urine
11specimens. Each specimen submitted shall be accompanied by
12pertinent information concerning the decedent upon a form
13prescribed by such laboratory. Any person drawing blood and
14urine and any person making any examination of the blood and
15urine under the terms of this Division shall be immune from all
16liability, civil or criminal, that might otherwise be incurred
17or imposed.
18    In all other cases coming within the jurisdiction of the
19coroner and referred to in subparagraphs (a) through (e) above,
20blood, and whenever possible, urine samples shall be analyzed
21for the presence of alcohol and other drugs. When the coroner
22suspects that drugs may have been involved in the death, either
23directly or indirectly, a toxicological examination shall be
24performed which may include analyses of blood, urine, bile,
25gastric contents and other tissues. When the coroner suspects a
26death is due to toxic substances, other than drugs, the coroner

 

 

HB5540 Engrossed- 364 -LRB099 16003 AMC 40320 b

1shall consult with the toxicologist prior to collection of
2samples. Information submitted to the toxicologist shall
3include information as to height, weight, age, sex and race of
4the decedent as well as medical history, medications used by
5and the manner of death of decedent.
6    When the coroner or medical examiner finds that the cause
7of death is due to homicidal means, the coroner or medical
8examiner shall cause blood and buccal specimens (tissue may be
9submitted if no uncontaminated blood or buccal specimen can be
10obtained), whenever possible, to be withdrawn from the body of
11the decedent in a timely fashion. For proper preservation of
12the specimens, collected blood and buccal specimens shall be
13dried and tissue specimens shall be frozen if available
14equipment exists. As soon as possible, but no later than 30
15days after the collection of the specimens, the coroner or
16medical examiner shall release those specimens to the police
17agency responsible for investigating the death. As soon as
18possible, but no later than 30 days after the receipt from the
19coroner or medical examiner, the police agency shall submit the
20specimens using the agency case number to a National DNA Index
21System (NDIS) participating laboratory within this State, such
22as the Illinois Department of State Police, Division of
23Forensic Services, for analysis and categorizing into genetic
24marker groupings. The results of the analysis and categorizing
25into genetic marker groupings shall be provided to the Illinois
26Department of State Police and shall be maintained by the

 

 

HB5540 Engrossed- 365 -LRB099 16003 AMC 40320 b

1Illinois Department of State Police in the State central
2repository in the same manner, and subject to the same
3conditions, as provided in Section 5-4-3 of the Unified Code of
4Corrections. The requirements of this paragraph are in addition
5to any other findings, specimens, or information that the
6coroner or medical examiner is required to provide during the
7conduct of a criminal investigation.
8    In all counties, in cases of apparent suicide, homicide, or
9accidental death or in other cases, within the discretion of
10the coroner, the coroner may summon 8 persons of lawful age
11from those persons drawn for petit jurors in the county. The
12summons shall command these persons to present themselves
13personally at such a place and time as the coroner shall
14determine, and may be in any form which the coroner shall
15determine and may incorporate any reasonable form of request
16for acknowledgement which the coroner deems practical and
17provides a reliable proof of service. The summons may be served
18by first class mail. From the 8 persons so summoned, the
19coroner shall select 6 to serve as the jury for the inquest.
20Inquests may be continued from time to time, as the coroner may
21deem necessary. The 6 jurors selected in a given case may view
22the body of the deceased. If at any continuation of an inquest
23one or more of the original jurors shall be unable to continue
24to serve, the coroner shall fill the vacancy or vacancies. A
25juror serving pursuant to this paragraph shall receive
26compensation from the county at the same rate as the rate of

 

 

HB5540 Engrossed- 366 -LRB099 16003 AMC 40320 b

1compensation that is paid to petit or grand jurors in the
2county. The coroner shall furnish to each juror without fee at
3the time of his discharge a certificate of the number of days
4in attendance at an inquest, and, upon being presented with
5such certificate, the county treasurer shall pay to the juror
6the sum provided for his services.
7    In counties which have a jury commission, in cases of
8apparent suicide or homicide or of accidental death, the
9coroner may conduct an inquest. The jury commission shall
10provide at least 8 jurors to the coroner, from whom the coroner
11shall select any 6 to serve as the jury for the inquest.
12Inquests may be continued from time to time as the coroner may
13deem necessary. The 6 jurors originally chosen in a given case
14may view the body of the deceased. If at any continuation of an
15inquest one or more of the 6 jurors originally chosen shall be
16unable to continue to serve, the coroner shall fill the vacancy
17or vacancies. At the coroner's discretion, additional jurors to
18fill such vacancies shall be supplied by the jury commission. A
19juror serving pursuant to this paragraph in such county shall
20receive compensation from the county at the same rate as the
21rate of compensation that is paid to petit or grand jurors in
22the county.
23    In every case in which a fire is determined to be a
24contributing factor in a death, the coroner shall report the
25death to the Office of the State Fire Marshal. The coroner
26shall provide a copy of the death certificate (i) within 30

 

 

HB5540 Engrossed- 367 -LRB099 16003 AMC 40320 b

1days after filing the permanent death certificate and (ii) in a
2manner that is agreed upon by the coroner and the State Fire
3Marshal.
4    In every case in which a drug overdose is determined to be
5the cause or a contributing factor in the death, the coroner or
6medical examiner shall report the death to the Department of
7Public Health. The Department of Public Health shall adopt
8rules regarding specific information that must be reported in
9the event of such a death. If possible, the coroner shall
10report the cause of the overdose. As used in this Section,
11"overdose" has the same meaning as it does in Section 414 of
12the Illinois Controlled Substances Act. The Department of
13Public Health shall issue a semiannual report to the General
14Assembly summarizing the reports received. The Department
15shall also provide on its website a monthly report of overdose
16death figures organized by location, age, and any other
17factors, the Department deems appropriate.
18    In addition, in every case in which domestic violence is
19determined to be a contributing factor in a death, the coroner
20shall report the death to the Department of State Police.
21    All deaths in State institutions and all deaths of wards of
22the State in private care facilities or in programs funded by
23the Department of Human Services under its powers relating to
24mental health and developmental disabilities or alcoholism and
25substance abuse or funded by the Department of Children and
26Family Services shall be reported to the coroner of the county

 

 

HB5540 Engrossed- 368 -LRB099 16003 AMC 40320 b

1in which the facility is located. If the coroner has reason to
2believe that an investigation is needed to determine whether
3the death was caused by maltreatment or negligent care of the
4ward of the State, the coroner may conduct a preliminary
5investigation of the circumstances of such death as in cases of
6death under circumstances set forth in paragraphs (a) through
7(e) of this Section.
8(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; revised
910-20-15.)
 
10    (55 ILCS 5/3-8007)  (from Ch. 34, par. 3-8007)
11    Sec. 3-8007. Duties and jurisdiction of commission. The
12Merit Commission shall have the duties, pursuant to recognized
13merit principles of public employment, of certification for
14employment and promotion, and, upon complaint of the sheriff or
15State's Attorney states attorney as limited in this Division,
16to discipline or discharge as the circumstances may warrant.
17All full time deputy sheriffs shall be under the jurisdiction
18of this Act and the county board may provide that other
19positions, including jail officers, as defined in "An Act to
20revise the law in relation to jails and jailers", approved
21March 3, 1874, as now or hereafter amended (repealed), shall be
22under the jurisdiction of the Commission. There may be exempted
23from coverage by resolution of the county board a "chief
24deputy" or "chief deputies" who shall be vested with all
25authorities granted to deputy sheriffs pursuant to Section

 

 

HB5540 Engrossed- 369 -LRB099 16003 AMC 40320 b

13-6015. "Chief Deputy" or "Chief Deputies" as used in this
2Section include the personal assistant or assistants of the
3sheriff whether titled "chief deputy", "undersheriff" "under
4sheriff", or "administrative assistant".
5(Source: P.A. 86-962; revised 11-9-15.)
 
6    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
7    Sec. 3-9005. Powers and duties of State's attorney.
8    (a) The duty of each State's attorney shall be:
9        (1) To commence and prosecute all actions, suits,
10    indictments and prosecutions, civil and criminal, in the
11    circuit court for his county, in which the people of the
12    State or county may be concerned.
13        (2) To prosecute all forfeited bonds and
14    recognizances, and all actions and proceedings for the
15    recovery of debts, revenues, moneys, fines, penalties and
16    forfeitures accruing to the State or his county, or to any
17    school district or road district in his county; also, to
18    prosecute all suits in his county against railroad or
19    transportation companies, which may be prosecuted in the
20    name of the People of the State of Illinois.
21        (3) To commence and prosecute all actions and
22    proceedings brought by any county officer in his official
23    capacity.
24        (4) To defend all actions and proceedings brought
25    against his county, or against any county or State officer,

 

 

HB5540 Engrossed- 370 -LRB099 16003 AMC 40320 b

1    in his official capacity, within his county.
2        (5) To attend the examination of all persons brought
3    before any judge on habeas corpus, when the prosecution is
4    in his county.
5        (6) To attend before judges and prosecute charges of
6    felony or misdemeanor, for which the offender is required
7    to be recognized to appear before the circuit court, when
8    in his power so to do.
9        (7) To give his opinion, without fee or reward, to any
10    county officer in his county, upon any question or law
11    relating to any criminal or other matter, in which the
12    people or the county may be concerned.
13        (8) To assist the attorney general whenever it may be
14    necessary, and in cases of appeal from his county to the
15    Supreme Court, to which it is the duty of the attorney
16    general to attend, he shall furnish the attorney general at
17    least 10 days before such is due to be filed, a manuscript
18    of a proposed statement, brief and argument to be printed
19    and filed on behalf of the people, prepared in accordance
20    with the rules of the Supreme Court. However, if such
21    brief, argument or other document is due to be filed by law
22    or order of court within this 10-day 10 day period, then
23    the State's attorney shall furnish such as soon as may be
24    reasonable.
25        (9) To pay all moneys received by him in trust, without
26    delay, to the officer who by law is entitled to the custody

 

 

HB5540 Engrossed- 371 -LRB099 16003 AMC 40320 b

1    thereof.
2        (10) To notify, by first class mail, complaining
3    witnesses of the ultimate disposition of the cases arising
4    from an indictment or an information.
5        (11) To perform such other and further duties as may,
6    from time to time, be enjoined on him by law.
7        (12) To appear in all proceedings by collectors of
8    taxes against delinquent taxpayers for judgments to sell
9    real estate, and see that all the necessary preliminary
10    steps have been legally taken to make the judgment legal
11    and binding.
12        (13) To notify, by first-class mail, the State
13    Superintendent of Education, the applicable regional
14    superintendent of schools, and the superintendent of the
15    employing school district or the chief school
16    administrator of the employing nonpublic school, if any,
17    upon the conviction of any individual known to possess a
18    certificate or license issued pursuant to Article 21 or
19    21B, respectively, of the School Code of any offense set
20    forth in Section 21B-80 of the School Code or any other
21    felony conviction, providing the name of the certificate
22    holder, the fact of the conviction, and the name and
23    location of the court where the conviction occurred. The
24    certificate holder must also be contemporaneously sent a
25    copy of the notice.
26    (b) The State's Attorney of each county shall have

 

 

HB5540 Engrossed- 372 -LRB099 16003 AMC 40320 b

1authority to appoint one or more special investigators to serve
2subpoenas and , summonses, make return of process, and conduct
3investigations which assist the State's Attorney in the
4performance of his duties. In counties of the first and second
5class, the fees for service of subpoenas and summonses are
6allowed by this Section and shall be consistent with those set
7forth in Section 4-5001 of this Act, except when increased by
8county ordinance as provided for in Section 4-5001. In counties
9of the third class, the fees for service of subpoenas and
10summonses are allowed by this Section and shall be consistent
11with those set forth in Section 4-12001 of this Act. A special
12investigator shall not carry firearms except with permission of
13the State's Attorney and only while carrying appropriate
14identification indicating his employment and in the
15performance of his assigned duties.
16    Subject to the qualifications set forth in this subsection,
17special investigators shall be peace officers and shall have
18all the powers possessed by investigators under the State's
19Attorneys Appellate Prosecutor's Act.
20    No special investigator employed by the State's Attorney
21shall have peace officer status or exercise police powers
22unless he or she successfully completes the basic police
23training course mandated and approved by the Illinois Law
24Enforcement Training Standards Board or such board waives the
25training requirement by reason of the special investigator's
26prior law enforcement experience or training or both. Any

 

 

HB5540 Engrossed- 373 -LRB099 16003 AMC 40320 b

1State's Attorney appointing a special investigator shall
2consult with all affected local police agencies, to the extent
3consistent with the public interest, if the special
4investigator is assigned to areas within that agency's
5jurisdiction.
6    Before a person is appointed as a special investigator, his
7fingerprints shall be taken and transmitted to the Department
8of State Police. The Department shall examine its records and
9submit to the State's Attorney of the county in which the
10investigator seeks appointment any conviction information
11concerning the person on file with the Department. No person
12shall be appointed as a special investigator if he has been
13convicted of a felony or other offense involving moral
14turpitude. A special investigator shall be paid a salary and be
15reimbursed for actual expenses incurred in performing his
16assigned duties. The county board shall approve the salary and
17actual expenses and appropriate the salary and expenses in the
18manner prescribed by law or ordinance.
19    (c) The State's Attorney may request and receive from
20employers, labor unions, telephone companies, and utility
21companies location information concerning putative fathers and
22noncustodial parents for the purpose of establishing a child's
23paternity or establishing, enforcing, or modifying a child
24support obligation. In this subsection, "location information"
25means information about (i) the physical whereabouts of a
26putative father or noncustodial parent, (ii) the putative

 

 

HB5540 Engrossed- 374 -LRB099 16003 AMC 40320 b

1father or noncustodial parent's employer, or (iii) the salary,
2wages, and other compensation paid and the health insurance
3coverage provided to the putative father or noncustodial parent
4by the employer of the putative father or noncustodial parent
5or by a labor union of which the putative father or
6noncustodial parent is a member.
7    (d) For each State fiscal year, the State's Attorney of
8Cook County shall appear before the General Assembly and
9request appropriations to be made from the Capital Litigation
10Trust Fund to the State Treasurer for the purpose of providing
11assistance in the prosecution of capital cases in Cook County
12and for the purpose of providing assistance to the State in
13post-conviction proceedings in capital cases under Article 122
14of the Code of Criminal Procedure of 1963 and in relation to
15petitions filed under Section 2-1401 of the Code of Civil
16Procedure in relation to capital cases. The State's Attorney
17may appear before the General Assembly at other times during
18the State's fiscal year to request supplemental appropriations
19from the Trust Fund to the State Treasurer.
20    (e) The State's Attorney shall have the authority to enter
21into a written agreement with the Department of Revenue for
22pursuit of civil liability under subsection (E) of Section 17-1
23of the Criminal Code of 2012 against persons who have issued to
24the Department checks or other orders in violation of the
25provisions of paragraph (1) of subsection (B) of Section 17-1
26of the Criminal Code of 2012, with the Department to retain the

 

 

HB5540 Engrossed- 375 -LRB099 16003 AMC 40320 b

1amount owing upon the dishonored check or order along with the
2dishonored check fee imposed under the Uniform Penalty and
3Interest Act, with the balance of damages, fees, and costs
4collected under subsection (E) of Section 17-1 of the Criminal
5Code of 2012 or under Section 17-1a of that Code to be retained
6by the State's Attorney. The agreement shall not affect the
7allocation of fines and costs imposed in any criminal
8prosecution.
9(Source: P.A. 99-169, eff. 7-28-15; revised 11-9-15.)
 
10    (55 ILCS 5/5-1006.5)
11    Sec. 5-1006.5. Special County Retailers' Occupation Tax
12For Public Safety, Public Facilities, or Transportation.
13    (a) The county board of any county may impose a tax upon
14all persons engaged in the business of selling tangible
15personal property, other than personal property titled or
16registered with an agency of this State's government, at retail
17in the county on the gross receipts from the sales made in the
18course of business to provide revenue to be used exclusively
19for public safety, public facility, or transportation purposes
20in that county, if a proposition for the tax has been submitted
21to the electors of that county and approved by a majority of
22those voting on the question. If imposed, this tax shall be
23imposed only in one-quarter percent increments. By resolution,
24the county board may order the proposition to be submitted at
25any election. If the tax is imposed for transportation purposes

 

 

HB5540 Engrossed- 376 -LRB099 16003 AMC 40320 b

1for expenditures for public highways or as authorized under the
2Illinois Highway Code, the county board must publish notice of
3the existence of its long-range highway transportation plan as
4required or described in Section 5-301 of the Illinois Highway
5Code and must make the plan publicly available prior to
6approval of the ordinance or resolution imposing the tax. If
7the tax is imposed for transportation purposes for expenditures
8for passenger rail transportation, the county board must
9publish notice of the existence of its long-range passenger
10rail transportation plan and must make the plan publicly
11available prior to approval of the ordinance or resolution
12imposing the tax.
13    If a tax is imposed for public facilities purposes, then
14the name of the project may be included in the proposition at
15the discretion of the county board as determined in the
16enabling resolution. For example, the "XXX Nursing Home" or the
17"YYY Museum".
18    The county clerk shall certify the question to the proper
19election authority, who shall submit the proposition at an
20election in accordance with the general election law.
21        (1) The proposition for public safety purposes shall be
22    in substantially the following form:
23        "To pay for public safety purposes, shall (name of
24    county) be authorized to impose an increase on its share of
25    local sales taxes by (insert rate)?"
26        As additional information on the ballot below the

 

 

HB5540 Engrossed- 377 -LRB099 16003 AMC 40320 b

1    question shall appear the following:
2        "This would mean that a consumer would pay an
3    additional (insert amount) in sales tax for every $100 of
4    tangible personal property bought at retail."
5        The county board may also opt to establish a sunset
6    provision at which time the additional sales tax would
7    cease being collected, if not terminated earlier by a vote
8    of the county board. If the county board votes to include a
9    sunset provision, the proposition for public safety
10    purposes shall be in substantially the following form:
11        "To pay for public safety purposes, shall (name of
12    county) be authorized to impose an increase on its share of
13    local sales taxes by (insert rate) for a period not to
14    exceed (insert number of years)?"
15        As additional information on the ballot below the
16    question shall appear the following:
17        "This would mean that a consumer would pay an
18    additional (insert amount) in sales tax for every $100 of
19    tangible personal property bought at retail. If imposed,
20    the additional tax would cease being collected at the end
21    of (insert number of years), if not terminated earlier by a
22    vote of the county board."
23        For the purposes of the paragraph, "public safety
24    purposes" means crime prevention, detention, fire
25    fighting, police, medical, ambulance, or other emergency
26    services.

 

 

HB5540 Engrossed- 378 -LRB099 16003 AMC 40320 b

1        Votes shall be recorded as "Yes" or "No".
2    Beginning on the January 1 or July 1, whichever is first,
3that occurs not less than 30 days after May 31, 2015 (the
4effective date of Public Act 99-4) this amendatory Act of the
599th General Assembly, Adams County may impose a public safety
6retailers' occupation tax and service occupation tax at the
7rate of 0.25%, as provided in the referendum approved by the
8voters on April 7, 2015, notwithstanding the omission of the
9additional information that is otherwise required to be printed
10on the ballot below the question pursuant to this item (1).
11        (2) The proposition for transportation purposes shall
12    be in substantially the following form:
13        "To pay for improvements to roads and other
14    transportation purposes, shall (name of county) be
15    authorized to impose an increase on its share of local
16    sales taxes by (insert rate)?"
17        As additional information on the ballot below the
18    question shall appear the following:
19        "This would mean that a consumer would pay an
20    additional (insert amount) in sales tax for every $100 of
21    tangible personal property bought at retail."
22        The county board may also opt to establish a sunset
23    provision at which time the additional sales tax would
24    cease being collected, if not terminated earlier by a vote
25    of the county board. If the county board votes to include a
26    sunset provision, the proposition for transportation

 

 

HB5540 Engrossed- 379 -LRB099 16003 AMC 40320 b

1    purposes shall be in substantially the following form:
2        "To pay for road improvements and other transportation
3    purposes, shall (name of county) be authorized to impose an
4    increase on its share of local sales taxes by (insert rate)
5    for a period not to exceed (insert number of years)?"
6        As additional information on the ballot below the
7    question shall appear the following:
8        "This would mean that a consumer would pay an
9    additional (insert amount) in sales tax for every $100 of
10    tangible personal property bought at retail. If imposed,
11    the additional tax would cease being collected at the end
12    of (insert number of years), if not terminated earlier by a
13    vote of the county board."
14        For the purposes of this paragraph, transportation
15    purposes means construction, maintenance, operation, and
16    improvement of public highways, any other purpose for which
17    a county may expend funds under the Illinois Highway Code,
18    and passenger rail transportation.
19        The votes shall be recorded as "Yes" or "No".
20        (3) The proposition for public facilities purposes
21    shall be in substantially the following form:
22        "To pay for public facilities purposes, shall (name of
23    county) be authorized to impose an increase on its share of
24    local sales taxes by (insert rate)?"
25        As additional information on the ballot below the
26    question shall appear the following:

 

 

HB5540 Engrossed- 380 -LRB099 16003 AMC 40320 b

1        "This would mean that a consumer would pay an
2    additional (insert amount) in sales tax for every $100 of
3    tangible personal property bought at retail."
4        The county board may also opt to establish a sunset
5    provision at which time the additional sales tax would
6    cease being collected, if not terminated earlier by a vote
7    of the county board. If the county board votes to include a
8    sunset provision, the proposition for public facilities
9    purposes shall be in substantially the following form:
10        "To pay for public facilities purposes, shall (name of
11    county) be authorized to impose an increase on its share of
12    local sales taxes by (insert rate) for a period not to
13    exceed (insert number of years)?"
14        As additional information on the ballot below the
15    question shall appear the following:
16        "This would mean that a consumer would pay an
17    additional (insert amount) in sales tax for every $100 of
18    tangible personal property bought at retail. If imposed,
19    the additional tax would cease being collected at the end
20    of (insert number of years), if not terminated earlier by a
21    vote of the county board."
22        For purposes of this Section, "public facilities
23    purposes" means the acquisition, development,
24    construction, reconstruction, rehabilitation, improvement,
25    financing, architectural planning, and installation of
26    capital facilities consisting of buildings, structures,

 

 

HB5540 Engrossed- 381 -LRB099 16003 AMC 40320 b

1    and durable equipment and for the acquisition and
2    improvement of real property and interest in real property
3    required, or expected to be required, in connection with
4    the public facilities, for use by the county for the
5    furnishing of governmental services to its citizens,
6    including but not limited to museums and nursing homes.
7        The votes shall be recorded as "Yes" or "No".
8    If a majority of the electors voting on the proposition
9vote in favor of it, the county may impose the tax. A county
10may not submit more than one proposition authorized by this
11Section to the electors at any one time.
12    This additional tax may not be imposed on the sales of food
13for human consumption that is to be consumed off the premises
14where it is sold (other than alcoholic beverages, soft drinks,
15and food which has been prepared for immediate consumption) and
16prescription and non-prescription medicines, drugs, medical
17appliances and insulin, urine testing materials, syringes, and
18needles used by diabetics. The tax imposed by a county under
19this Section and all civil penalties that may be assessed as an
20incident of the tax shall be collected and enforced by the
21Illinois Department of Revenue and deposited into a special
22fund created for that purpose. The certificate of registration
23that is issued by the Department to a retailer under the
24Retailers' Occupation Tax Act shall permit the retailer to
25engage in a business that is taxable without registering
26separately with the Department under an ordinance or resolution

 

 

HB5540 Engrossed- 382 -LRB099 16003 AMC 40320 b

1under this Section. The Department has full power to administer
2and enforce this Section, to collect all taxes and penalties
3due under this Section, to dispose of taxes and penalties so
4collected in the manner provided in this Section, and to
5determine all rights to credit memoranda arising on account of
6the erroneous payment of a tax or penalty under this Section.
7In the administration of and compliance with this Section, the
8Department and persons who are subject to this Section shall
9(i) have the same rights, remedies, privileges, immunities,
10powers, and duties, (ii) be subject to the same conditions,
11restrictions, limitations, penalties, and definitions of
12terms, and (iii) employ the same modes of procedure as are
13prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
141n, 2 through 2-70 (in respect to all provisions contained in
15those Sections other than the State rate of tax), 2a, 2b, 2c, 3
16(except provisions relating to transaction returns and quarter
17monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
185j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
19of the Retailers' Occupation Tax Act and Section 3-7 of the
20Uniform Penalty and Interest Act as if those provisions were
21set forth in this Section.
22    Persons subject to any tax imposed under the authority
23granted in this Section may reimburse themselves for their
24sellers' tax liability by separately stating the tax as an
25additional charge, which charge may be stated in combination,
26in a single amount, with State tax which sellers are required

 

 

HB5540 Engrossed- 383 -LRB099 16003 AMC 40320 b

1to collect under the Use Tax Act, pursuant to such bracketed
2schedules as the Department may prescribe.
3    Whenever the Department determines that a refund should be
4made under this Section to a claimant instead of issuing a
5credit memorandum, the Department shall notify the State
6Comptroller, who shall cause the order to be drawn for the
7amount specified and to the person named in the notification
8from the Department. The refund shall be paid by the State
9Treasurer out of the County Public Safety or Transportation
10Retailers' Occupation Tax Fund.
11    (b) If a tax has been imposed under subsection (a), a
12service occupation tax shall also be imposed at the same rate
13upon all persons engaged, in the county, in the business of
14making sales of service, who, as an incident to making those
15sales of service, transfer tangible personal property within
16the county as an incident to a sale of service. This tax may
17not be imposed on sales of food for human consumption that is
18to be consumed off the premises where it is sold (other than
19alcoholic beverages, soft drinks, and food prepared for
20immediate consumption) and prescription and non-prescription
21medicines, drugs, medical appliances and insulin, urine
22testing materials, syringes, and needles used by diabetics. The
23tax imposed under this subsection and all civil penalties that
24may be assessed as an incident thereof shall be collected and
25enforced by the Department of Revenue. The Department has full
26power to administer and enforce this subsection; to collect all

 

 

HB5540 Engrossed- 384 -LRB099 16003 AMC 40320 b

1taxes and penalties due hereunder; to dispose of taxes and
2penalties so collected in the manner hereinafter provided; and
3to determine all rights to credit memoranda arising on account
4of the erroneous payment of tax or penalty hereunder. In the
5administration of, and compliance with this subsection, the
6Department and persons who are subject to this paragraph shall
7(i) have the same rights, remedies, privileges, immunities,
8powers, and duties, (ii) be subject to the same conditions,
9restrictions, limitations, penalties, exclusions, exemptions,
10and definitions of terms, and (iii) employ the same modes of
11procedure as are prescribed in Sections 2 (except that the
12reference to State in the definition of supplier maintaining a
13place of business in this State shall mean the county), 2a, 2b,
142c, 3 through 3-50 (in respect to all provisions therein other
15than the State rate of tax), 4 (except that the reference to
16the State shall be to the county), 5, 7, 8 (except that the
17jurisdiction to which the tax shall be a debt to the extent
18indicated in that Section 8 shall be the county), 9 (except as
19to the disposition of taxes and penalties collected), 10, 11,
2012 (except the reference therein to Section 2b of the
21Retailers' Occupation Tax Act), 13 (except that any reference
22to the State shall mean the county), Section 15, 16, 17, 18, 19
23and 20 of the Service Occupation Tax Act and Section 3-7 of the
24Uniform Penalty and Interest Act, as fully as if those
25provisions were set forth herein.
26    Persons subject to any tax imposed under the authority

 

 

HB5540 Engrossed- 385 -LRB099 16003 AMC 40320 b

1granted in this subsection may reimburse themselves for their
2serviceman's tax liability by separately stating the tax as an
3additional charge, which charge may be stated in combination,
4in a single amount, with State tax that servicemen are
5authorized to collect under the Service Use Tax Act, in
6accordance with such bracket schedules as the Department may
7prescribe.
8    Whenever the Department determines that a refund should be
9made under this subsection to a claimant instead of issuing a
10credit memorandum, the Department shall notify the State
11Comptroller, who shall cause the warrant to be drawn for the
12amount specified, and to the person named, in the notification
13from the Department. The refund shall be paid by the State
14Treasurer out of the County Public Safety or Transportation
15Retailers' Occupation Fund.
16    Nothing in this subsection shall be construed to authorize
17the county to impose a tax upon the privilege of engaging in
18any business which under the Constitution of the United States
19may not be made the subject of taxation by the State.
20    (c) The Department shall immediately pay over to the State
21Treasurer, ex officio, as trustee, all taxes and penalties
22collected under this Section to be deposited into the County
23Public Safety or Transportation Retailers' Occupation Tax
24Fund, which shall be an unappropriated trust fund held outside
25of the State treasury.
26    As soon as possible after the first day of each month,

 

 

HB5540 Engrossed- 386 -LRB099 16003 AMC 40320 b

1beginning January 1, 2011, upon certification of the Department
2of Revenue, the Comptroller shall order transferred, and the
3Treasurer shall transfer, to the STAR Bonds Revenue Fund the
4local sales tax increment, as defined in the Innovation
5Development and Economy Act, collected under this Section
6during the second preceding calendar month for sales within a
7STAR bond district.
8    After the monthly transfer to the STAR Bonds Revenue Fund,
9on or before the 25th day of each calendar month, the
10Department shall prepare and certify to the Comptroller the
11disbursement of stated sums of money to the counties from which
12retailers have paid taxes or penalties to the Department during
13the second preceding calendar month. The amount to be paid to
14each county, and deposited by the county into its special fund
15created for the purposes of this Section, shall be the amount
16(not including credit memoranda) collected under this Section
17during the second preceding calendar month by the Department
18plus an amount the Department determines is necessary to offset
19any amounts that were erroneously paid to a different taxing
20body, and not including (i) an amount equal to the amount of
21refunds made during the second preceding calendar month by the
22Department on behalf of the county, (ii) any amount that the
23Department determines is necessary to offset any amounts that
24were payable to a different taxing body but were erroneously
25paid to the county, and (iii) any amounts that are transferred
26to the STAR Bonds Revenue Fund. Within 10 days after receipt by

 

 

HB5540 Engrossed- 387 -LRB099 16003 AMC 40320 b

1the Comptroller of the disbursement certification to the
2counties provided for in this Section to be given to the
3Comptroller by the Department, the Comptroller shall cause the
4orders to be drawn for the respective amounts in accordance
5with directions contained in the certification.
6    In addition to the disbursement required by the preceding
7paragraph, an allocation shall be made in March of each year to
8each county that received more than $500,000 in disbursements
9under the preceding paragraph in the preceding calendar year.
10The allocation shall be in an amount equal to the average
11monthly distribution made to each such county under the
12preceding paragraph during the preceding calendar year
13(excluding the 2 months of highest receipts). The distribution
14made in March of each year subsequent to the year in which an
15allocation was made pursuant to this paragraph and the
16preceding paragraph shall be reduced by the amount allocated
17and disbursed under this paragraph in the preceding calendar
18year. The Department shall prepare and certify to the
19Comptroller for disbursement the allocations made in
20accordance with this paragraph.
21    A county may direct, by ordinance, that all or a portion of
22the taxes and penalties collected under the Special County
23Retailers' Occupation Tax For Public Safety or Transportation
24be deposited into the Transportation Development Partnership
25Trust Fund.
26    (d) For the purpose of determining the local governmental

 

 

HB5540 Engrossed- 388 -LRB099 16003 AMC 40320 b

1unit whose tax is applicable, a retail sale by a producer of
2coal or another mineral mined in Illinois is a sale at retail
3at the place where the coal or other mineral mined in Illinois
4is extracted from the earth. This paragraph does not apply to
5coal or another mineral when it is delivered or shipped by the
6seller to the purchaser at a point outside Illinois so that the
7sale is exempt under the United States Constitution as a sale
8in interstate or foreign commerce.
9    (e) Nothing in this Section shall be construed to authorize
10a county to impose a tax upon the privilege of engaging in any
11business that under the Constitution of the United States may
12not be made the subject of taxation by this State.
13    (e-5) If a county imposes a tax under this Section, the
14county board may, by ordinance, discontinue or lower the rate
15of the tax. If the county board lowers the tax rate or
16discontinues the tax, a referendum must be held in accordance
17with subsection (a) of this Section in order to increase the
18rate of the tax or to reimpose the discontinued tax.
19    (f) Beginning April 1, 1998 and through December 31, 2013,
20the results of any election authorizing a proposition to impose
21a tax under this Section or effecting a change in the rate of
22tax, or any ordinance lowering the rate or discontinuing the
23tax, shall be certified by the county clerk and filed with the
24Illinois Department of Revenue either (i) on or before the
25first day of April, whereupon the Department shall proceed to
26administer and enforce the tax as of the first day of July next

 

 

HB5540 Engrossed- 389 -LRB099 16003 AMC 40320 b

1following the filing; or (ii) on or before the first day of
2October, whereupon the Department shall proceed to administer
3and enforce the tax as of the first day of January next
4following the filing.
5    Beginning January 1, 2014, the results of any election
6authorizing a proposition to impose a tax under this Section or
7effecting an increase in the rate of tax, along with the
8ordinance adopted to impose the tax or increase the rate of the
9tax, or any ordinance adopted to lower the rate or discontinue
10the tax, shall be certified by the county clerk and filed with
11the Illinois Department of Revenue either (i) on or before the
12first day of May, whereupon the Department shall proceed to
13administer and enforce the tax as of the first day of July next
14following the adoption and filing; or (ii) on or before the
15first day of October, whereupon the Department shall proceed to
16administer and enforce the tax as of the first day of January
17next following the adoption and filing.
18    (g) When certifying the amount of a monthly disbursement to
19a county under this Section, the Department shall increase or
20decrease the amounts by an amount necessary to offset any
21miscalculation of previous disbursements. The offset amount
22shall be the amount erroneously disbursed within the previous 6
23months from the time a miscalculation is discovered.
24    (h) This Section may be cited as the "Special County
25Occupation Tax For Public Safety, Public Facilities, or
26Transportation Law".

 

 

HB5540 Engrossed- 390 -LRB099 16003 AMC 40320 b

1    (i) For purposes of this Section, "public safety" includes,
2but is not limited to, crime prevention, detention, fire
3fighting, police, medical, ambulance, or other emergency
4services. The county may share tax proceeds received under this
5Section for public safety purposes, including proceeds
6received before August 4, 2009 (the effective date of Public
7Act 96-124), with any fire protection district located in the
8county. For the purposes of this Section, "transportation"
9includes, but is not limited to, the construction, maintenance,
10operation, and improvement of public highways, any other
11purpose for which a county may expend funds under the Illinois
12Highway Code, and passenger rail transportation. For the
13purposes of this Section, "public facilities purposes"
14includes, but is not limited to, the acquisition, development,
15construction, reconstruction, rehabilitation, improvement,
16financing, architectural planning, and installation of capital
17facilities consisting of buildings, structures, and durable
18equipment and for the acquisition and improvement of real
19property and interest in real property required, or expected to
20be required, in connection with the public facilities, for use
21by the county for the furnishing of governmental services to
22its citizens, including but not limited to museums and nursing
23homes.
24    (j) The Department may promulgate rules to implement Public
25Act 95-1002 only to the extent necessary to apply the existing
26rules for the Special County Retailers' Occupation Tax for

 

 

HB5540 Engrossed- 391 -LRB099 16003 AMC 40320 b

1Public Safety to this new purpose for public facilities.
2(Source: P.A. 98-584, eff. 8-27-13; 99-4, eff. 5-31-15; 99-217,
3eff. 7-31-15; revised 11-6-15.)
 
4    (55 ILCS 5/5-1006.7)
5    Sec. 5-1006.7. School facility occupation taxes.
6    (a) In any county, a tax shall be imposed upon all persons
7engaged in the business of selling tangible personal property,
8other than personal property titled or registered with an
9agency of this State's government, at retail in the county on
10the gross receipts from the sales made in the course of
11business to provide revenue to be used exclusively for school
12facility purposes if a proposition for the tax has been
13submitted to the electors of that county and approved by a
14majority of those voting on the question as provided in
15subsection (c). The tax under this Section shall be imposed
16only in one-quarter percent increments and may not exceed 1%.
17    This additional tax may not be imposed on the sale of food
18for human consumption that is to be consumed off the premises
19where it is sold (other than alcoholic beverages, soft drinks,
20and food that has been prepared for immediate consumption) and
21prescription and non-prescription medicines, drugs, medical
22appliances and insulin, urine testing materials, syringes and
23needles used by diabetics. The Department of Revenue has full
24power to administer and enforce this subsection, to collect all
25taxes and penalties due under this subsection, to dispose of

 

 

HB5540 Engrossed- 392 -LRB099 16003 AMC 40320 b

1taxes and penalties so collected in the manner provided in this
2subsection, and to determine all rights to credit memoranda
3arising on account of the erroneous payment of a tax or penalty
4under this subsection. The Department shall deposit all taxes
5and penalties collected under this subsection into a special
6fund created for that purpose.
7    In the administration of and compliance with this
8subsection, the Department and persons who are subject to this
9subsection (i) have the same rights, remedies, privileges,
10immunities, powers, and duties, (ii) are subject to the same
11conditions, restrictions, limitations, penalties, and
12definitions of terms, and (iii) shall employ the same modes of
13procedure as are set forth in Sections 1 through 1o, 2 through
142-70 (in respect to all provisions contained in those Sections
15other than the State rate of tax), 2a through 2h, 3 (except as
16to the disposition of taxes and penalties collected), 4, 5, 5a,
175b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
187, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
19Tax Act and all provisions of the Uniform Penalty and Interest
20Act as if those provisions were set forth in this subsection.
21    The certificate of registration that is issued by the
22Department to a retailer under the Retailers' Occupation Tax
23Act permits the retailer to engage in a business that is
24taxable without registering separately with the Department
25under an ordinance or resolution under this subsection.
26    Persons subject to any tax imposed under the authority

 

 

HB5540 Engrossed- 393 -LRB099 16003 AMC 40320 b

1granted in this subsection may reimburse themselves for their
2seller's tax liability by separately stating that tax as an
3additional charge, which may be stated in combination, in a
4single amount, with State tax that sellers are required to
5collect under the Use Tax Act, pursuant to any bracketed
6schedules set forth by the Department.
7    (b) If a tax has been imposed under subsection (a), then a
8service occupation tax must also be imposed at the same rate
9upon all persons engaged, in the county, in the business of
10making sales of service, who, as an incident to making those
11sales of service, transfer tangible personal property within
12the county as an incident to a sale of service.
13    This tax may not be imposed on sales of food for human
14consumption that is to be consumed off the premises where it is
15sold (other than alcoholic beverages, soft drinks, and food
16prepared for immediate consumption) and prescription and
17non-prescription medicines, drugs, medical appliances and
18insulin, urine testing materials, syringes, and needles used by
19diabetics.
20    The tax imposed under this subsection and all civil
21penalties that may be assessed as an incident thereof shall be
22collected and enforced by the Department and deposited into a
23special fund created for that purpose. The Department has full
24power to administer and enforce this subsection, to collect all
25taxes and penalties due under this subsection, to dispose of
26taxes and penalties so collected in the manner provided in this

 

 

HB5540 Engrossed- 394 -LRB099 16003 AMC 40320 b

1subsection, and to determine all rights to credit memoranda
2arising on account of the erroneous payment of a tax or penalty
3under this subsection.
4    In the administration of and compliance with this
5subsection, the Department and persons who are subject to this
6subsection shall (i) have the same rights, remedies,
7privileges, immunities, powers and duties, (ii) be subject to
8the same conditions, restrictions, limitations, penalties and
9definition of terms, and (iii) employ the same modes of
10procedure as are set forth in Sections 2 (except that that
11reference to State in the definition of supplier maintaining a
12place of business in this State means the county), 2a through
132d, 3 through 3-50 (in respect to all provisions contained in
14those Sections other than the State rate of tax), 4 (except
15that the reference to the State shall be to the county), 5, 7,
168 (except that the jurisdiction to which the tax is a debt to
17the extent indicated in that Section 8 is the county), 9
18(except as to the disposition of taxes and penalties
19collected), 10, 11, 12 (except the reference therein to Section
202b of the Retailers' Occupation Tax Act), 13 (except that any
21reference to the State means the county), Section 15, 16, 17,
2218, 19, and 20 of the Service Occupation Tax Act and all
23provisions of the Uniform Penalty and Interest Act, as fully as
24if those provisions were set forth herein.
25    Persons subject to any tax imposed under the authority
26granted in this subsection may reimburse themselves for their

 

 

HB5540 Engrossed- 395 -LRB099 16003 AMC 40320 b

1serviceman's tax liability by separately stating the tax as an
2additional charge, which may be stated in combination, in a
3single amount, with State tax that servicemen are authorized to
4collect under the Service Use Tax Act, pursuant to any
5bracketed schedules set forth by the Department.
6    (c) The tax under this Section may not be imposed until the
7question of imposing the tax has been submitted to the electors
8of the county at a regular election and approved by a majority
9of the electors voting on the question. For all regular
10elections held prior to August 23, 2011 (the effective date of
11Public Act 97-542) this amendatory Act of the 97th General
12Assembly, upon a resolution by the county board or a resolution
13by school district boards that represent at least 51% of the
14student enrollment within the county, the county board must
15certify the question to the proper election authority in
16accordance with the Election Code.
17    For all regular elections held prior to August 23, 2011
18(the effective date of Public Act 97-542) this amendatory Act
19of the 97th General Assembly, the election authority must
20submit the question in substantially the following form:
21        Shall (name of county) be authorized to impose a
22    retailers' occupation tax and a service occupation tax
23    (commonly referred to as a "sales tax") at a rate of
24    (insert rate) to be used exclusively for school facility
25    purposes?
26The election authority must record the votes as "Yes" or "No".

 

 

HB5540 Engrossed- 396 -LRB099 16003 AMC 40320 b

1    If a majority of the electors voting on the question vote
2in the affirmative, then the county may, thereafter, impose the
3tax.
4    For all regular elections held on or after August 23, 2011
5(the effective date of Public Act 97-542) this amendatory Act
6of the 97th General Assembly, the regional superintendent of
7schools for the county must, upon receipt of a resolution or
8resolutions of school district boards that represent more than
950% of the student enrollment within the county, certify the
10question to the proper election authority for submission to the
11electors of the county at the next regular election at which
12the question lawfully may be submitted to the electors, all in
13accordance with the Election Code.
14    For all regular elections held on or after August 23, 2011
15(the effective date of Public Act 97-542) this amendatory Act
16of the 97th General Assembly, the election authority must
17submit the question in substantially the following form:
18        Shall a retailers' occupation tax and a service
19    occupation tax (commonly referred to as a "sales tax") be
20    imposed in (name of county) at a rate of (insert rate) to
21    be used exclusively for school facility purposes?
22The election authority must record the votes as "Yes" or "No".
23    If a majority of the electors voting on the question vote
24in the affirmative, then the tax shall be imposed at the rate
25set forth in the question.
26    For the purposes of this subsection (c), "enrollment" means

 

 

HB5540 Engrossed- 397 -LRB099 16003 AMC 40320 b

1the head count of the students residing in the county on the
2last school day of September of each year, which must be
3reported on the Illinois State Board of Education Public School
4Fall Enrollment/Housing Report.
5    (d) The Department shall immediately pay over to the State
6Treasurer, ex officio, as trustee, all taxes and penalties
7collected under this Section to be deposited into the School
8Facility Occupation Tax Fund, which shall be an unappropriated
9trust fund held outside the State treasury.
10    On or before the 25th day of each calendar month, the
11Department shall prepare and certify to the Comptroller the
12disbursement of stated sums of money to the regional
13superintendents of schools in counties from which retailers or
14servicemen have paid taxes or penalties to the Department
15during the second preceding calendar month. The amount to be
16paid to each regional superintendent of schools and disbursed
17to him or her in accordance with Section 3-14.31 of the School
18Code, is equal to the amount (not including credit memoranda)
19collected from the county under this Section during the second
20preceding calendar month by the Department, (i) less 2% of that
21amount, which shall be deposited into the Tax Compliance and
22Administration Fund and shall be used by the Department,
23subject to appropriation, to cover the costs of the Department
24in administering and enforcing the provisions of this Section,
25on behalf of the county, (ii) plus an amount that the
26Department determines is necessary to offset any amounts that

 

 

HB5540 Engrossed- 398 -LRB099 16003 AMC 40320 b

1were erroneously paid to a different taxing body; (iii) less an
2amount equal to the amount of refunds made during the second
3preceding calendar month by the Department on behalf of the
4county; and (iv) less any amount that the Department determines
5is necessary to offset any amounts that were payable to a
6different taxing body but were erroneously paid to the county.
7When certifying the amount of a monthly disbursement to a
8regional superintendent of schools under this Section, the
9Department shall increase or decrease the amounts by an amount
10necessary to offset any miscalculation of previous
11disbursements within the previous 6 months from the time a
12miscalculation is discovered.
13    Within 10 days after receipt by the Comptroller from the
14Department of the disbursement certification to the regional
15superintendents of the schools provided for in this Section,
16the Comptroller shall cause the orders to be drawn for the
17respective amounts in accordance with directions contained in
18the certification.
19    If the Department determines that a refund should be made
20under this Section to a claimant instead of issuing a credit
21memorandum, then the Department shall notify the Comptroller,
22who shall cause the order to be drawn for the amount specified
23and to the person named in the notification from the
24Department. The refund shall be paid by the Treasurer out of
25the School Facility Occupation Tax Fund.
26    (e) For the purposes of determining the local governmental

 

 

HB5540 Engrossed- 399 -LRB099 16003 AMC 40320 b

1unit whose tax is applicable, a retail sale by a producer of
2coal or another mineral mined in Illinois is a sale at retail
3at the place where the coal or other mineral mined in Illinois
4is extracted from the earth. This subsection does not apply to
5coal or another mineral when it is delivered or shipped by the
6seller to the purchaser at a point outside Illinois so that the
7sale is exempt under the United States Constitution as a sale
8in interstate or foreign commerce.
9    (f) Nothing in this Section may be construed to authorize a
10tax to be imposed upon the privilege of engaging in any
11business that under the Constitution of the United States may
12not be made the subject of taxation by this State.
13    (g) If a county board imposes a tax under this Section
14pursuant to a referendum held before August 23, 2011 (the
15effective date of Public Act 97-542) this amendatory Act of the
1697th General Assembly at a rate below the rate set forth in the
17question approved by a majority of electors of that county
18voting on the question as provided in subsection (c), then the
19county board may, by ordinance, increase the rate of the tax up
20to the rate set forth in the question approved by a majority of
21electors of that county voting on the question as provided in
22subsection (c). If a county board imposes a tax under this
23Section pursuant to a referendum held before August 23, 2011
24(the effective date of Public Act 97-542) this amendatory Act
25of the 97th General Assembly, then the board may, by ordinance,
26discontinue or reduce the rate of the tax. If a tax is imposed

 

 

HB5540 Engrossed- 400 -LRB099 16003 AMC 40320 b

1under this Section pursuant to a referendum held on or after
2August 23, 2011 (the effective date of Public Act 97-542) this
3amendatory Act of the 97th General Assembly, then the county
4board may reduce or discontinue the tax, but only in accordance
5with subsection (h-5) of this Section. If, however, a school
6board issues bonds that are secured by the proceeds of the tax
7under this Section, then the county board may not reduce the
8tax rate or discontinue the tax if that rate reduction or
9discontinuance would adversely affect the school board's
10ability to pay the principal and interest on those bonds as
11they become due or necessitate the extension of additional
12property taxes to pay the principal and interest on those
13bonds. If the county board reduces the tax rate or discontinues
14the tax, then a referendum must be held in accordance with
15subsection (c) of this Section in order to increase the rate of
16the tax or to reimpose the discontinued tax.
17    Until January 1, 2014, the results of any election that
18imposes, reduces, or discontinues a tax under this Section must
19be certified by the election authority, and any ordinance that
20increases or lowers the rate or discontinues the tax must be
21certified by the county clerk and, in each case, filed with the
22Illinois Department of Revenue either (i) on or before the
23first day of April, whereupon the Department shall proceed to
24administer and enforce the tax or change in the rate as of the
25first day of July next following the filing; or (ii) on or
26before the first day of October, whereupon the Department shall

 

 

HB5540 Engrossed- 401 -LRB099 16003 AMC 40320 b

1proceed to administer and enforce the tax or change in the rate
2as of the first day of January next following the filing.
3    Beginning January 1, 2014, the results of any election that
4imposes, reduces, or discontinues a tax under this Section must
5be certified by the election authority, and any ordinance that
6increases or lowers the rate or discontinues the tax must be
7certified by the county clerk and, in each case, filed with the
8Illinois Department of Revenue either (i) on or before the
9first day of May, whereupon the Department shall proceed to
10administer and enforce the tax or change in the rate as of the
11first day of July next following the filing; or (ii) on or
12before the first day of October, whereupon the Department shall
13proceed to administer and enforce the tax or change in the rate
14as of the first day of January next following the filing.
15    (h) For purposes of this Section, "school facility
16purposes" means (i) the acquisition, development,
17construction, reconstruction, rehabilitation, improvement,
18financing, architectural planning, and installation of capital
19facilities consisting of buildings, structures, and durable
20equipment and for the acquisition and improvement of real
21property and interest in real property required, or expected to
22be required, in connection with the capital facilities and (ii)
23the payment of bonds or other obligations heretofore or
24hereafter issued, including bonds or other obligations
25heretofore or hereafter issued to refund or to continue to
26refund bonds or other obligations issued, for school facility

 

 

HB5540 Engrossed- 402 -LRB099 16003 AMC 40320 b

1purposes, provided that the taxes levied to pay those bonds are
2abated by the amount of the taxes imposed under this Section
3that are used to pay those bonds. "School-facility purposes"
4also includes fire prevention, safety, energy conservation,
5accessibility, school security, and specified repair purposes
6set forth under Section 17-2.11 of the School Code.
7    (h-5) A county board in a county where a tax has been
8imposed under this Section pursuant to a referendum held on or
9after August 23, 2011 (the effective date of Public Act 97-542)
10this amendatory Act of the 97th General Assembly may, by
11ordinance or resolution, submit to the voters of the county the
12question of reducing or discontinuing the tax. In the ordinance
13or resolution, the county board shall certify the question to
14the proper election authority in accordance with the Election
15Code. The election authority must submit the question in
16substantially the following form:
17        Shall the school facility retailers' occupation tax
18    and service occupation tax (commonly referred to as the
19    "school facility sales tax") currently imposed in (name of
20    county) at a rate of (insert rate) be (reduced to (insert
21    rate))(discontinued)?
22If a majority of the electors voting on the question vote in
23the affirmative, then, subject to the provisions of subsection
24(g) of this Section, the tax shall be reduced or discontinued
25as set forth in the question.
26    (i) This Section does not apply to Cook County.

 

 

HB5540 Engrossed- 403 -LRB099 16003 AMC 40320 b

1    (j) This Section may be cited as the County School Facility
2Occupation Tax Law.
3(Source: P.A. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15;
499-217, eff. 7-31-15; revised 11-6-15.)
 
5    (55 ILCS 5/5-12020)
6    Sec. 5-12020. Wind farms. Notwithstanding any other
7provision of law, a county may establish standards for wind
8farms and electric-generating wind devices. The standards may
9include, without limitation, the height of the devices and the
10number of devices that may be located within a geographic area.
11A county may also regulate the siting of wind farms and
12electric-generating wind devices in unincorporated areas of
13the county outside of the zoning jurisdiction of a municipality
14and the 1.5 mile radius surrounding the zoning jurisdiction of
15a municipality. There shall be at least one public hearing not
16more than 30 days prior to a siting decision by the county
17board. Notice of the hearing shall be published in a newspaper
18of general circulation in the county. A commercial wind energy
19facility owner, as defined in the Wind Energy Facilities
20Agricultural Impact Mitigation Act, must enter into an
21agricultural impact mitigation agreement with the Department
22of Agriculture prior to the date of the required public
23hearing. A commercial wind energy facility owner seeking an
24extension of a permit granted by a county prior to July 24,
252015 (the effective date of Public Act 99-132) this amendatory

 

 

HB5540 Engrossed- 404 -LRB099 16003 AMC 40320 b

1Act of the 99th General Assembly must enter into an
2agricultural impact mitigation agreement with the Department
3of Agriculture prior to a decision by the county to grant the
4permit extension. Counties may allow test wind towers to be
5sited without formal approval by the county board. Any
6provision of a county zoning ordinance pertaining to wind farms
7that is in effect before August 16, 2007 (the effective date of
8Public Act 95-203) this amendatory Act of the 95th General
9Assembly may continue in effect notwithstanding any
10requirements of this Section.
11    A county may not require a wind tower or other renewable
12energy system that is used exclusively by an end user to be
13setback more than 1.1 times the height of the renewable energy
14system from the end user's property line.
15(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
16revised 11-6-15.)
 
17    (55 ILCS 5/6-1003)  (from Ch. 34, par. 6-1003)
18    Sec. 6-1003. Further appropriations barred; transfers.
19After the adoption of the county budget, no further
20appropriations shall be made at any other time during such
21fiscal year, except as provided in this Division.
22Appropriations in excess of those authorized by the budget in
23order to meet an immediate emergency may be made at any meeting
24of the board by a two-thirds vote of all the members
25constituting such board, the vote to be taken by ayes and nays

 

 

HB5540 Engrossed- 405 -LRB099 16003 AMC 40320 b

1and entered on the record of the meeting. After the adoption of
2the county budget, transfers of appropriations may be made
3without a vote of the board; however, transfers of
4appropriations affecting personnel and capital may be made at
5any meeting of the board by a two-thirds vote of all the
6members constituting such board, the vote to be taken by ayes
7and nays and entered on the record of the meeting, provided for
8any type of transfer that the total amount appropriated for the
9fund is not affected.
10(Source: P.A. 99-356, eff. 8-13-15; revised 11-9-15.)
 
11    Section 210. The County Economic Development Project Area
12Property Tax Allocation Act is amended by changing Section 10
13as follows:
 
14    (55 ILCS 85/10)  (from Ch. 34, par. 7010)
15    Sec. 10. Conflicts of interests, disclosure. If any member
16of the corporate authorities of a county, or any employee or
17consultant of the county involved in the planning, analysis,
18preparation or administration of an economic development plan
19or an economic development project, or any proposed economic
20development plan or any proposed economic development project,
21owns or controls any interest, direct or indirect, in any
22property included in any economic development project area or
23proposed economic development project area, he or she shall
24disclose the same in writing to the county clerk, which

 

 

HB5540 Engrossed- 406 -LRB099 16003 AMC 40320 b

1disclosure shall include the dates, terms and conditions of any
2disposition of any such interest. The disclosures shall be
3acknowledged by the corporate authorities of the county and
4entered upon the official records and files of the corporate
5authorities. Any such individual holding any such interest
6shall refrain from any further official involvement regarding
7such established or proposed economic development project
8area, economic development plan or economic development
9project, and shall also refrain from form voting on any matter
10pertaining to that project, plan or area and from communicating
11with any members of the corporate authorities of the county and
12no employee of the county shall acquire any interest, direct or
13indirect, in any real or personal property or rights or
14interest therein within an economic development project area or
15a proposed economic development project area after that person
16obtains knowledge of the project, plan or area or after the
17first public notice of the project, plan or area is given by
18the county, whichever shall first occur.
19(Source: P.A. 86-1388; revised 11-9-15.)
 
20    Section 215. The Illinois Municipal Code is amended by
21changing Sections 8-11-1.6 and 11-13-26 as follows:
 
22    (65 ILCS 5/8-11-1.6)
23    Sec. 8-11-1.6. Non-home rule municipal retailers
24occupation tax; municipalities between 20,000 and 25,000. The

 

 

HB5540 Engrossed- 407 -LRB099 16003 AMC 40320 b

1corporate authorities of a non-home rule municipality with a
2population of more than 20,000 but less than 25,000 that has,
3prior to January 1, 1987, established a Redevelopment Project
4Area that has been certified as a State Sales Tax Boundary and
5has issued bonds or otherwise incurred indebtedness to pay for
6costs in excess of $5,000,000, which is secured in part by a
7tax increment allocation fund, in accordance with the
8provisions of Division 11-74.4 of this Code may, by passage of
9an ordinance, impose a tax upon all persons engaged in the
10business of selling tangible personal property, other than on
11an item of tangible personal property that is titled and
12registered by an agency of this State's Government, at retail
13in the municipality. This tax may not be imposed on the sales
14of food for human consumption that is to be consumed off the
15premises where it is sold (other than alcoholic beverages, soft
16drinks, and food that has been prepared for immediate
17consumption) and prescription and nonprescription medicines,
18drugs, medical appliances and insulin, urine testing
19materials, syringes, and needles used by diabetics. If imposed,
20the tax shall only be imposed in .25% increments of the gross
21receipts from such sales made in the course of business. Any
22tax imposed by a municipality under this Section Sec. and all
23civil penalties that may be assessed as an incident thereof
24shall be collected and enforced by the State Department of
25Revenue. An ordinance imposing a tax hereunder or effecting a
26change in the rate thereof shall be adopted and a certified

 

 

HB5540 Engrossed- 408 -LRB099 16003 AMC 40320 b

1copy thereof filed with the Department on or before the first
2day of October, whereupon the Department shall proceed to
3administer and enforce this Section as of the first day of
4January next following such adoption and filing. The
5certificate of registration that is issued by the Department to
6a retailer under the Retailers' Occupation Tax Act shall permit
7the retailer to engage in a business that is taxable under any
8ordinance or resolution enacted under this Section without
9registering separately with the Department under the ordinance
10or resolution or under this Section. The Department shall have
11full power to administer and enforce this Section, to collect
12all taxes and penalties due hereunder, to dispose of taxes and
13penalties so collected in the manner hereinafter provided, and
14to determine all rights to credit memoranda, arising on account
15of the erroneous payment of tax or penalty hereunder. In the
16administration of, and compliance with this Section, the
17Department and persons who are subject to this Section shall
18have the same rights, remedies, privileges, immunities,
19powers, and duties, and be subject to the same conditions,
20restrictions, limitations, penalties, and definitions of
21terms, and employ the same modes of procedure, as are
22prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2
23through 2-65 (in respect to all provisions therein other than
24the State rate of tax), 2c, 3 (except as to the disposition of
25taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
265g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12

 

 

HB5540 Engrossed- 409 -LRB099 16003 AMC 40320 b

1and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
2the Uniform Penalty and Interest Act as fully as if those
3provisions were set forth herein.
4    A tax may not be imposed by a municipality under this
5Section unless the municipality also imposes a tax at the same
6rate under Section 8-11-1.7 of this Act.
7    Persons subject to any tax imposed under the authority
8granted in this Section, may reimburse themselves for their
9seller's tax liability hereunder by separately stating the tax
10as an additional charge, which charge may be stated in
11combination, in a single amount, with State tax which sellers
12are required to collect under the Use Tax Act, pursuant to such
13bracket schedules as the Department may prescribe.
14    Whenever the Department determines that a refund should be
15made under this Section to a claimant, instead of issuing a
16credit memorandum, the Department shall notify the State
17Comptroller, who shall cause the order to be drawn for the
18amount specified, and to the person named in the notification
19from the Department. The refund shall be paid by the State
20Treasurer out of the Non-Home Rule Municipal Retailers'
21Occupation Tax Fund, which is hereby created.
22    The Department shall forthwith pay over to the State
23Treasurer, ex officio, as trustee, all taxes and penalties
24collected hereunder.
25    As soon as possible after the first day of each month,
26beginning January 1, 2011, upon certification of the Department

 

 

HB5540 Engrossed- 410 -LRB099 16003 AMC 40320 b

1of Revenue, the Comptroller shall order transferred, and the
2Treasurer shall transfer, to the STAR Bonds Revenue Fund the
3local sales tax increment, as defined in the Innovation
4Development and Economy Act, collected under this Section
5during the second preceding calendar month for sales within a
6STAR bond district.
7    After the monthly transfer to the STAR Bonds Revenue Fund,
8on or before the 25th day of each calendar month, the
9Department shall prepare and certify to the Comptroller the
10disbursement of stated sums of money to named municipalities,
11the municipalities to be those from which retailers have paid
12taxes or penalties hereunder to the Department during the
13second preceding calendar month. The amount to be paid to each
14municipality shall be the amount (not including credit
15memoranda) collected hereunder during the second preceding
16calendar month by the Department plus an amount the Department
17determines is necessary to offset any amounts that were
18erroneously paid to a different taxing body, and not including
19an amount equal to the amount of refunds made during the second
20preceding calendar month by the Department on behalf of the
21municipality, and not including any amount that the Department
22determines is necessary to offset any amounts that were payable
23to a different taxing body but were erroneously paid to the
24municipality, and not including any amounts that are
25transferred to the STAR Bonds Revenue Fund. Within 10 days
26after receipt by the Comptroller of the disbursement

 

 

HB5540 Engrossed- 411 -LRB099 16003 AMC 40320 b

1certification to the municipalities provided for in this
2Section to be given to the Comptroller by the Department, the
3Comptroller shall cause the orders to be drawn for the
4respective amounts in accordance with the directions contained
5in the certification.
6    For the purpose of determining the local governmental unit
7whose tax is applicable, a retail sale by a producer of coal or
8other mineral mined in Illinois is a sale at retail at the
9place where the coal or other mineral mined in Illinois is
10extracted from the earth. This paragraph does not apply to coal
11or other mineral when it is delivered or shipped by the seller
12to the purchaser at a point outside Illinois so that the sale
13is exempt under the federal Constitution as a sale in
14interstate or foreign commerce.
15    Nothing in this Section shall be construed to authorize a
16municipality to impose a tax upon the privilege of engaging in
17any business which under the constitution of the United States
18may not be made the subject of taxation by this State.
19    When certifying the amount of a monthly disbursement to a
20municipality under this Section, the Department shall increase
21or decrease the amount by an amount necessary to offset any
22misallocation of previous disbursements. The offset amount
23shall be the amount erroneously disbursed within the previous 6
24months from the time a misallocation is discovered.
25    As used in this Section, "municipal" and "municipality"
26means a city, village, or incorporated town, including an

 

 

HB5540 Engrossed- 412 -LRB099 16003 AMC 40320 b

1incorporated town that has superseded a civil township.
2(Source: P.A. 99-217, eff. 7-31-15; revised 11-9-15.)
 
3    (65 ILCS 5/11-13-26)
4    Sec. 11-13-26. Wind farms. Notwithstanding any other
5provision of law:
6    (a) A municipality may regulate wind farms and
7electric-generating wind devices within its zoning
8jurisdiction and within the 1.5 mile radius surrounding its
9zoning jurisdiction. There shall be at least one public hearing
10not more than 30 days prior to a siting decision by the
11corporate authorities of a municipality. Notice of the hearing
12shall be published in a newspaper of general circulation in the
13municipality. A commercial wind energy facility owner, as
14defined in the Wind Energy Facilities Agricultural Impact
15Mitigation Act, must enter into an agricultural impact
16mitigation agreement with the Department of Agriculture prior
17to the date of the required public hearing. A commercial wind
18energy facility owner seeking an extension of a permit granted
19by a municipality prior to July 24, 2015 (the effective date of
20Public Act 99-132) this amendatory Act of the 99th General
21Assembly must enter into an agricultural impact mitigation
22agreement with the Department of Agriculture prior to a
23decision by the municipality to grant the permit extension. A
24municipality may allow test wind towers to be sited without
25formal approval by the corporate authorities of the

 

 

HB5540 Engrossed- 413 -LRB099 16003 AMC 40320 b

1municipality. Test wind towers must be dismantled within 3
2years of installation. For the purposes of this Section, "test
3wind towers" are wind towers that are designed solely to
4collect wind generation data.
5    (b) A municipality may not require a wind tower or other
6renewable energy system that is used exclusively by an end user
7to be setback more than 1.1 times the height of the renewable
8energy system from the end user's property line. A setback
9requirement imposed by a municipality on a renewable energy
10system may not be more restrictive than as provided under this
11subsection. This subsection is a limitation of home rule powers
12and functions under subsection (i) of Section 6 of Article VII
13of the Illinois Constitution on the concurrent exercise by home
14rule units of powers and functions exercised by the State.
15(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
16revised 11-6-15.)
 
17    Section 220. The Civic Center Code is amended by changing
18Sections 170-50 and 240-50 as follows:
 
19    (70 ILCS 200/170-50)
20    Sec. 170-50. Contracts. All contracts for sale of property
21of the value of more than $10,000 or for a an concession in or
22lease of property, including air rights, of the Authority for a
23term of more than one year shall be awarded to the highest
24responsible bidder, after advertising for bids. All

 

 

HB5540 Engrossed- 414 -LRB099 16003 AMC 40320 b

1construction contracts and contracts for supplies, materials,
2equipment and services, when the expense thereof will exceed
3$10,000, shall be let to the lowest responsible bidder, after
4advertising for bids, excepting (1) when repair parts,
5accessories, equipment or services are required for equipment
6or services previously furnished or contracted for; (2) when
7the nature of the services required is such that competitive
8bidding is not in the best interest of the public, including,
9without limiting the generality of the foregoing, the services
10of accountants, architects, attorneys, engineers, physicians,
11superintendents of construction, and others possessing a high
12degree of skill; and (3) when services such as water, light,
13heat, power, telephone or telegraph are required.
14    All contracts involving less than $10,000 shall be let by
15competitive bidding to the lowest responsible bidder whenever
16possible, and in any event in a manner calculated to ensure the
17best interests of the public.
18    In determining the responsibility of any bidder, the Board
19may take into account the past record of dealings with the
20bidder, the bidder's experience, adequacy of equipment, and
21ability to complete performance within the time set, and other
22factors besides financial responsibility, but in no case shall
23any such contracts be awarded to any other than the highest
24bidder (in case of sale, concession or lease) or the lowest
25bidder (in case of purchase or expenditure) unless authorized
26or approved by a vote of at least three-fourths of the members

 

 

HB5540 Engrossed- 415 -LRB099 16003 AMC 40320 b

1of the Board, and unless such action is accompanied by a
2statement in writing setting forth the reasons for not awarding
3the contract to the highest or lowest bidder, as the case may
4be, which statement shall be kept on file in the principal
5office of the Authority and open to public inspection.
6    From the group of responsible bidders the lowest bidder
7shall be selected in the following manner: to all bids for
8sales the gross receipts of which are not taxable under the
9Retailers' Occupation Tax Act, there shall be added an amount
10equal to the tax which would be payable under said Act, if
11applicable, and the lowest in amount of said adjusted bids and
12bids for sales the gross receipts of which are taxable under
13said Act shall be considered the lowest bid; provided, that, if
14said lowest bid relates to a sale not taxable under said Act,
15any contract entered into thereon shall be in the amount of the
16original bid not adjusted as aforesaid.
17    Contracts shall not be split into parts involving
18expenditures of less than $10,000 for the purposes of avoiding
19the provisions of this Section, and all such split contracts
20shall be void. If any collusion occurs among bidders or
21prospective bidders in restraint of freedom of competition, by
22agreement to bid a fixed amount or to refrain from bidding or
23otherwise, the bids of such bidders shall be void. Each bidder
24shall accompany his bid with a sworn statement that he has not
25been a party to any such agreement.
26    Members of the Board, officers and employees of the

 

 

HB5540 Engrossed- 416 -LRB099 16003 AMC 40320 b

1Authority, and their relatives within the fourth degree of
2consanguinity by the terms of the civil law, are forbidden to
3be interested directly or indirectly in any contract for
4construction or maintenance work or for the delivery of
5materials, supplies or equipment.
6    The Board shall have the right to reject all bids and to
7readvertise for bids. If after any such advertisement no
8responsible and satisfactory bid, within the terms of the
9advertisement, shall be received, the Board may award such
10contract, without competitive bidding, provided that it shall
11not be less advantageous to the Authority than any valid bid
12received pursuant to advertisement.
13    The Board shall adopt rules and regulations to carry into
14effect the provisions of this Section.
15(Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)
 
16    (70 ILCS 200/240-50)
17    Sec. 240-50. Contracts. All contracts for sale of property
18of the value of more than $10,000 or for a an concession in or
19lease of property including air rights, of the Authority for a
20term of more than one year shall be awarded to the highest
21responsible bidder, after advertising for bids. All
22construction contracts and contracts for supplies, materials,
23equipment and services, when the expense thereof will exceed
24$10,000, shall be let to the lowest responsible bidder, after
25advertising for bids, excepting (1) when repair parts,

 

 

HB5540 Engrossed- 417 -LRB099 16003 AMC 40320 b

1accessories, equipment or services are required for equipment
2or services previously furnished or contracted for; (2) when
3the nature of the services required is such that competitive
4bidding is not in the best interest of the public, including,
5without limiting the generality of the foregoing, the services
6of accountants, architects, attorneys, engineers, physicians,
7superintendents of construction, and others possessing a high
8degree of skill; and (3) when services such as water, light,
9heat, power, telephone or telegraph are required.
10    All contracts involving less than $10,000 shall be let by
11competitive bidding to the lowest responsible bidder whenever
12possible, and in any event in a manner calculated to ensure the
13best interests of the public.
14    In determining the responsibility of any bidder, the Board
15may take in account the past record of dealings with the
16bidder, experience, adequacy of equipment, ability to complete
17performance within the time set, and other factors besides
18financial responsibility, but in no case shall any such
19contracts be awarded to any other than the highest bidder (in
20case of sale, concession or lease) or the lowest bidder (in
21case of purchase or expenditure) unless authorized or approved
22by the affirmative vote of at least 6 of the members of the
23Board present at a meeting at which a quorum is present, and
24unless such action is accompanied by a statement in writing
25setting forth the reasons for not awarding the contract to the
26highest or lowest bidder, as the case may be, which statement

 

 

HB5540 Engrossed- 418 -LRB099 16003 AMC 40320 b

1shall be kept on file in the principal office of the Authority
2and open to public inspection.
3    From the group of responsible bidders the lowest bidder
4shall be selected in the following manner: to all bids for
5sales the gross receipts of which are not taxable under the
6Retailers' Occupation Tax Act, there shall be added an amount
7equal to the tax which would be payable under said Act, if
8applicable, and the lowest in amount of said adjusted bids and
9bids for sales the gross receipts of which are taxable under
10said Act shall be considered the lowest bid; provided, that, if
11said lowest bid relates to a sale not taxable under said Act,
12any contract entered into thereon shall be in the amount of the
13original bid not adjusted as aforesaid.
14    Contracts shall not be split into parts involving
15expenditures of less than $10,000 for the purposes of avoiding
16the provisions of this Section, and all such split contracts
17shall be void. If any collusion occurs among bidders or
18prospective bidders in restraint of freedom of competition, by
19agreement to bid a fixed amount or to refrain from bidding or
20otherwise, the bids of such bidders shall be void. Each bidder
21shall accompany his bid with a sworn statement that he has not
22been a party to any such agreement.
23    Members of the Board, officers and employees of the
24Authority, and their relatives within the fourth degree of
25consanguinity by the terms of the civil law, are forbidden to
26be interested directly or indirectly in any contract for

 

 

HB5540 Engrossed- 419 -LRB099 16003 AMC 40320 b

1construction or maintenance work or for the delivery of
2materials, supplies or equipment.
3    The Board shall have the right to reject all bids and to
4readvertise for bids. If after any such advertisement no
5responsible and satisfactory bid, within the terms of the
6advertisement, shall be received, the Board may award such
7contract, without competitive bidding, provided that it shall
8not be less advantageous to the Authority than any valid bid
9received pursuant to advertisement.
10    The Board shall adopt rules and regulations to carry into
11effect the provisions of this Section.
12(Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)
 
13    Section 225. The Flood Prevention District Act is amended
14by changing Section 25 as follows:
 
15    (70 ILCS 750/25)
16    Sec. 25. Flood prevention retailers' and service
17occupation taxes.
18    (a) If the Board of Commissioners of a flood prevention
19district determines that an emergency situation exists
20regarding levee repair or flood prevention, and upon an
21ordinance confirming the determination adopted by the
22affirmative vote of a majority of the members of the county
23board of the county in which the district is situated, the
24county may impose a flood prevention retailers' occupation tax

 

 

HB5540 Engrossed- 420 -LRB099 16003 AMC 40320 b

1upon all persons engaged in the business of selling tangible
2personal property at retail within the territory of the
3district to provide revenue to pay the costs of providing
4emergency levee repair and flood prevention and to secure the
5payment of bonds, notes, and other evidences of indebtedness
6issued under this Act for a period not to exceed 25 years or as
7required to repay the bonds, notes, and other evidences of
8indebtedness issued under this Act. The tax rate shall be 0.25%
9of the gross receipts from all taxable sales made in the course
10of that business. The tax imposed under this Section and all
11civil penalties that may be assessed as an incident thereof
12shall be collected and enforced by the State Department of
13Revenue. The Department shall have full power to administer and
14enforce this Section; to collect all taxes and penalties so
15collected in the manner hereinafter provided; and to determine
16all rights to credit memoranda arising on account of the
17erroneous payment of tax or penalty hereunder.
18    In the administration of and compliance with this
19subsection, the Department and persons who are subject to this
20subsection (i) have the same rights, remedies, privileges,
21immunities, powers, and duties, (ii) are subject to the same
22conditions, restrictions, limitations, penalties, and
23definitions of terms, and (iii) shall employ the same modes of
24procedure as are set forth in Sections 1 through 1o, 2 through
252-70 (in respect to all provisions contained in those Sections
26other than the State rate of tax), 2a through 2h, 3 (except as

 

 

HB5540 Engrossed- 421 -LRB099 16003 AMC 40320 b

1to the disposition of taxes and penalties collected), 4, 5, 5a,
25b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,
310, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act
4and all provisions of the Uniform Penalty and Interest Act as
5if those provisions were set forth in this subsection.
6    Persons subject to any tax imposed under this Section may
7reimburse themselves for their seller's tax liability
8hereunder by separately stating the tax as an additional
9charge, which charge may be stated in combination in a single
10amount with State taxes that sellers are required to collect
11under the Use Tax Act, under any bracket schedules the
12Department may prescribe.
13    If a tax is imposed under this subsection (a), a tax shall
14also be imposed under subsection (b) of this Section.
15    (b) If a tax has been imposed under subsection (a), a flood
16prevention service occupation tax shall also be imposed upon
17all persons engaged within the territory of the district in the
18business of making sales of service, who, as an incident to
19making the sales of service, transfer tangible personal
20property, either in the form of tangible personal property or
21in the form of real estate as an incident to a sale of service
22to provide revenue to pay the costs of providing emergency
23levee repair and flood prevention and to secure the payment of
24bonds, notes, and other evidences of indebtedness issued under
25this Act for a period not to exceed 25 years or as required to
26repay the bonds, notes, and other evidences of indebtedness.

 

 

HB5540 Engrossed- 422 -LRB099 16003 AMC 40320 b

1The tax rate shall be 0.25% of the selling price of all
2tangible personal property transferred.
3    The tax imposed under this subsection and all civil
4penalties that may be assessed as an incident thereof shall be
5collected and enforced by the State Department of Revenue. The
6Department shall have full power to administer and enforce this
7subsection; to collect all taxes and penalties due hereunder;
8to dispose of taxes and penalties collected in the manner
9hereinafter provided; and to determine all rights to credit
10memoranda arising on account of the erroneous payment of tax or
11penalty hereunder.
12    In the administration of and compliance with this
13subsection, the Department and persons who are subject to this
14subsection shall (i) have the same rights, remedies,
15privileges, immunities, powers, and duties, (ii) be subject to
16the same conditions, restrictions, limitations, penalties, and
17definitions of terms, and (iii) employ the same modes of
18procedure as are set forth in Sections 2 (except that the
19reference to State in the definition of supplier maintaining a
20place of business in this State means the district), 2a through
212d, 3 through 3-50 (in respect to all provisions contained in
22those Sections other than the State rate of tax), 4 (except
23that the reference to the State shall be to the district), 5,
247, 8 (except that the jurisdiction to which the tax is a debt
25to the extent indicated in that Section 8 is the district), 9
26(except as to the disposition of taxes and penalties

 

 

HB5540 Engrossed- 423 -LRB099 16003 AMC 40320 b

1collected), 10, 11, 12 (except the reference therein to Section
22b of the Retailers' Occupation Tax Act), 13 (except that any
3reference to the State means the district), Section 15, 16, 17,
418, 19, and 20 of the Service Occupation Tax Act and all
5provisions of the Uniform Penalty and Interest Act, as fully as
6if those provisions were set forth herein.
7    Persons subject to any tax imposed under the authority
8granted in this subsection may reimburse themselves for their
9serviceman's tax liability hereunder by separately stating the
10tax as an additional charge, that charge may be stated in
11combination in a single amount with State tax that servicemen
12are authorized to collect under the Service Use Tax Act, under
13any bracket schedules the Department may prescribe.
14    (c) The taxes imposed in subsections (a) and (b) may not be
15imposed on personal property titled or registered with an
16agency of the State; food for human consumption that is to be
17consumed off the premises where it is sold (other than
18alcoholic beverages, soft drinks, and food that has been
19prepared for immediate consumption); prescription and
20non-prescription medicines, drugs, and medical appliances;
21modifications to a motor vehicle for the purpose of rendering
22it usable by a person with a disability; or insulin, urine
23testing materials, and syringes and needles used by diabetics.
24    (d) Nothing in this Section shall be construed to authorize
25the district to impose a tax upon the privilege of engaging in
26any business that under the Constitution of the United States

 

 

HB5540 Engrossed- 424 -LRB099 16003 AMC 40320 b

1may not be made the subject of taxation by the State.
2    (e) The certificate of registration that is issued by the
3Department to a retailer under the Retailers' Occupation Tax
4Act or a serviceman under the Service Occupation Tax Act
5permits the retailer or serviceman to engage in a business that
6is taxable without registering separately with the Department
7under an ordinance or resolution under this Section.
8    (f) The Department shall immediately pay over to the State
9Treasurer, ex officio, as trustee, all taxes and penalties
10collected under this Section to be deposited into the Flood
11Prevention Occupation Tax Fund, which shall be an
12unappropriated trust fund held outside the State treasury.
13    On or before the 25th day of each calendar month, the
14Department shall prepare and certify to the Comptroller the
15disbursement of stated sums of money to the counties from which
16retailers or servicemen have paid taxes or penalties to the
17Department during the second preceding calendar month. The
18amount to be paid to each county is equal to the amount (not
19including credit memoranda) collected from the county under
20this Section during the second preceding calendar month by the
21Department, (i) less 2% of that amount, which shall be
22deposited into the Tax Compliance and Administration Fund and
23shall be used by the Department in administering and enforcing
24the provisions of this Section on behalf of the county, (ii)
25plus an amount that the Department determines is necessary to
26offset any amounts that were erroneously paid to a different

 

 

HB5540 Engrossed- 425 -LRB099 16003 AMC 40320 b

1taxing body; (iii) less an amount equal to the amount of
2refunds made during the second preceding calendar month by the
3Department on behalf of the county; and (iv) less any amount
4that the Department determines is necessary to offset any
5amounts that were payable to a different taxing body but were
6erroneously paid to the county. When certifying the amount of a
7monthly disbursement to a county under this Section, the
8Department shall increase or decrease the amounts by an amount
9necessary to offset any miscalculation of previous
10disbursements within the previous 6 months from the time a
11miscalculation is discovered.
12    Within 10 days after receipt by the Comptroller from the
13Department of the disbursement certification to the counties
14provided for in this Section, the Comptroller shall cause the
15orders to be drawn for the respective amounts in accordance
16with directions contained in the certification.
17    If the Department determines that a refund should be made
18under this Section to a claimant instead of issuing a credit
19memorandum, then the Department shall notify the Comptroller,
20who shall cause the order to be drawn for the amount specified
21and to the person named in the notification from the
22Department. The refund shall be paid by the Treasurer out of
23the Flood Prevention Occupation Tax Fund.
24    (g) If a county imposes a tax under this Section, then the
25county board shall, by ordinance, discontinue the tax upon the
26payment of all indebtedness of the flood prevention district.

 

 

HB5540 Engrossed- 426 -LRB099 16003 AMC 40320 b

1The tax shall not be discontinued until all indebtedness of the
2District has been paid.
3    (h) Any ordinance imposing the tax under this Section, or
4any ordinance that discontinues the tax, must be certified by
5the county clerk and filed with the Illinois Department of
6Revenue either (i) on or before the first day of April,
7whereupon the Department shall proceed to administer and
8enforce the tax or change in the rate as of the first day of
9July next following the filing; or (ii) on or before the first
10day of October, whereupon the Department shall proceed to
11administer and enforce the tax or change in the rate as of the
12first day of January next following the filing.
13    (j) County Flood Prevention Occupation Tax Fund. All
14proceeds received by a county from a tax distribution under
15this Section must be maintained in a special fund known as the
16[name of county] flood prevention occupation tax fund. The
17county shall, at the direction of the flood prevention
18district, use moneys in the fund to pay the costs of providing
19emergency levee repair and flood prevention and to pay bonds,
20notes, and other evidences of indebtedness issued under this
21Act.
22    (k) This Section may be cited as the Flood Prevention
23Occupation Tax Law.
24(Source: P.A. 99-143, eff. 7-27-15; 99-217, eff. 7-31-15;
25revised 11-6-15.)
 

 

 

HB5540 Engrossed- 427 -LRB099 16003 AMC 40320 b

1    Section 230. The Mt. Carmel Regional Port District Act is
2amended by changing Section 22 as follows:
 
3    (70 ILCS 1835/22)  (from Ch. 19, par. 722)
4    Sec. 22. Members of the Board shall hold office until their
5respective successors have been appointed and qualified. Any
6member may resign from his office to take effect when his
7successor has been appointed and qualified. The Governor may
8remove any member of the Board in case of incompetency, neglect
9of duty or malfeasance in office. He shall give such member a
10copy of the charges against him and an opportunity to be
11publicly heard in person or by counsel in his own defense upon
12not less than 10 days' day's notice. In case of failure to
13qualify within the time required, or of abandonment of his
14office, or in case of death, conviction of a felony or removal
15from office, the office of such member shall become vacant.
16Each vacancy shall be filled for the unexpired term by
17appointment in like manner as in case of expiration of the term
18of a member of the Board.
19(Source: P.A. 76-1788; revised 10-9-15.)
 
20    Section 235. The Local Mass Transit District Act is amended
21by changing Section 5 as follows:
 
22    (70 ILCS 3610/5)  (from Ch. 111 2/3, par. 355)
23    Sec. 5. (a) The Board of Trustees of every District may

 

 

HB5540 Engrossed- 428 -LRB099 16003 AMC 40320 b

1establish or acquire any or all manner of mass transit
2facility. The Board may engage in the business of
3transportation of passengers on scheduled routes and by
4contract on nonscheduled routes within the territorial limits
5of the counties or municipalities creating the District, by
6whatever means it may decide. Its routes may be extended beyond
7such territorial limits with the consent of the governing
8bodies of the municipalities or counties into which such
9operation is extended.
10    (b) The Board of Trustees of every District may for the
11purposes of the District, acquire by gift, purchase, lease,
12legacy, condemnation, or otherwise and hold, use, improve,
13maintain, operate, own, manage or lease, as lessor or lessee,
14such cars, buses, equipment, buildings, structures, real and
15personal property, and interests therein, and services, lands
16for terminal and other related facilities, improvements and
17services, or any interest therein, including all or any part of
18the plant, land, buildings, equipment, vehicles, licenses,
19franchises, patents, property, service contracts and
20agreements of every kind and nature. Real property may be so
21acquired if it is situated within or partially within the area
22served by the District or if it is outside the area if it is
23desirable or necessary for the purposes of the District.
24    (c) The Board of Trustees of every District which
25establishes, provides, or acquires mass transit facilities or
26services may contract with any person or corporation or public

 

 

HB5540 Engrossed- 429 -LRB099 16003 AMC 40320 b

1or private entity for the operation or provision thereof upon
2such terms and conditions as the District shall determine.
3    (d) The Board of Trustees of every District shall have the
4authority to contract for any and all purposes of the District,
5including with an interstate transportation authority, or with
6another local Mass Transit District or any other municipal,
7public, or private corporation entity in the transportation
8business including the authority to contract to lease its or
9otherwise provide land, buildings, and equipment, and other
10related facilities, improvements, and services, for the
11carriage of passengers beyond the territorial limits of the
12District or to subsidize transit operations by a public or
13private or municipal corporation operating entity providing
14mass transit facilities.
15    (e) The Board of Trustees of every District shall have the
16authority to establish, alter and discontinue transportation
17routes and services and any or all ancillary or supporting
18facilities and services, and to establish and amend rate
19schedules for the transportation of persons thereon or for the
20public or private use thereof which rate schedules shall,
21together with any grants, receipts or income from other
22sources, be sufficient to pay the expenses of the District, the
23repair, maintenance and the safe and adequate operation of its
24mass transit facilities and public mass transportation system
25and to fulfill the terms of its debts, undertakings, and
26obligations.

 

 

HB5540 Engrossed- 430 -LRB099 16003 AMC 40320 b

1    (f) The Board of Trustees of every District shall have
2perpetual succession and shall have the following powers in
3addition to any others in this Act granted:
4        (1) to sue and be sued;
5        (2) to adopt and use a seal;
6        (3) to make and execute contracts loans, leases,
7    subleases, installment purchase agreements, contracts,
8    notes and other instruments evidencing financial
9    obligations, and other instruments necessary or convenient
10    in the exercise of its powers;
11        (4) to make, amend and repeal bylaws, rules and
12    regulations not inconsistent with this Act;
13        (5) to sell, lease, sublease, license, transfer,
14    convey or otherwise dispose of any of its real or personal
15    property, or interests therein, in whole or in part, at any
16    time upon such terms and conditions as it may determine,
17    with public bidding if the value exceeds $1,000 at
18    negotiated, competitive, public, or private sale;
19        (6) to invest funds, not required for immediate
20    disbursement, in property, agreements, or securities legal
21    for investment of public funds controlled by savings banks
22    under applicable law;
23        (7) to mortgage, pledge, hypothecate or otherwise
24    encumber all or any part of its real or personal property
25    or other assets, or interests therein;
26        (8) to apply for, accept and use grants, loans or other

 

 

HB5540 Engrossed- 431 -LRB099 16003 AMC 40320 b

1    financial assistance from any private entity or municipal,
2    county, State or Federal governmental agency or other
3    public entity;
4        (9) to borrow money from the United States Government
5    or any agency thereof, or from any other public or private
6    source, for the purposes of the District and, as evidence
7    thereof, to issue its revenue bonds, payable solely from
8    the revenue derived from the operation of the District.
9    These bonds may be issued with maturities not exceeding 40
10    years from the date of the bonds, and in such amounts as
11    may be necessary to provide sufficient funds, together with
12    interest, for the purposes of the District. These bonds
13    shall bear interest at a rate of not more than the maximum
14    rate authorized by the Bond Authorization Act, as amended
15    at the time of the making of the contract of sale, payable
16    semi-annually, may be made registerable as to principal,
17    and may be made payable and callable as provided on any
18    interest payment date at a price of par and accrued
19    interest under such terms and conditions as may be fixed by
20    the ordinance authorizing the issuance of the bonds. Bonds
21    issued under this Section are negotiable instruments. They
22    shall be executed by the chairman and members of the Board
23    of Trustees, attested by the secretary, and shall be sealed
24    with the corporate seal of the District. In case any
25    Trustee or officer whose signature appears on the bonds or
26    coupons ceases to hold that office before the bonds are

 

 

HB5540 Engrossed- 432 -LRB099 16003 AMC 40320 b

1    delivered, such officer's signature, shall nevertheless be
2    valid and sufficient for all purposes, the same as though
3    such officer had remained in office until the bonds were
4    delivered. The bonds shall be sold in such manner and upon
5    such terms as the Board of Trustees shall determine, except
6    that the selling price shall be such that the interest cost
7    to the District of the proceeds of the bonds shall not
8    exceed the maximum rate authorized by the Bond
9    Authorization Act, as amended at the time of the making of
10    the contract of sale, payable semi-annually, computed to
11    maturity according to the standard table of bond values.
12        The ordinance shall fix the amount of revenue bonds
13    proposed to be issued, the maturity or maturities, the
14    interest rate, which shall not exceed the maximum rate
15    authorized by the Bond Authorization Act, as amended at the
16    time of the making of the contract of sale, and all the
17    details in connection with the bonds. The ordinance may
18    contain such covenants and restrictions upon the issuance
19    of additional revenue bonds thereafter, which will share
20    equally in the revenue of the District, as may be deemed
21    necessary or advisable for the assurance of the payment of
22    the bonds first issued. Any District may also provide in
23    the ordinance authorizing the issuance of bonds under this
24    Section that the bonds, or such ones thereof as may be
25    specified, shall, to the extent and in the manner
26    prescribed, be subordinated and be junior in standing, with

 

 

HB5540 Engrossed- 433 -LRB099 16003 AMC 40320 b

1    respect to the payment of principal and interest and the
2    security thereof, to such other bonds as are designated in
3    the ordinance.
4        The ordinance shall pledge the revenue derived from the
5    operations of the District for the purpose of paying the
6    cost of operation and maintenance of the District, and, as
7    applicable, providing adequate depreciation funds, and
8    paying the principal of and interest on the bonds of the
9    District issued under this Section; .
10        (10) subject to Section 5.1, to levy a tax on property
11    within the District at the rate of not to exceed .25% on
12    the assessed value of such property in the manner provided
13    in the "The Illinois Municipal Budget Law", approved July
14    12, 1937, as amended;
15        (11) to issue tax anticipation warrants;
16        (12) to contract with any school district in this State
17    to provide for the transportation of pupils to and from
18    school within such district pursuant to the provisions of
19    Section 29-15 of the School Code;
20        (13) to provide for the insurance of any property,
21    directors, officers, employees or operations of the
22    District against any risk or hazard, and to self-insure or
23    participate in joint self-insurance pools or entities to
24    insure against such risk or hazard;
25        (14) to use its established funds, personnel, and other
26    resources to acquire, construct, operate, and maintain

 

 

HB5540 Engrossed- 434 -LRB099 16003 AMC 40320 b

1    bikeways and trails. Districts may cooperate with other
2    governmental and private agencies in bikeway and trail
3    programs; and
4        (15) to acquire, own, maintain, construct,
5    reconstruct, improve, repair, operate or lease any
6    light-rail public transportation system, terminal,
7    terminal facility, public airport, or bridge or toll bridge
8    across waters with any city, state, or both.
9    With respect to instruments for the payment of money issued
10under this Section either before, on, or after June 6, 1989
11(the effective date of Public Act 86-4) this amendatory Act of
121989, it is and always has been the intention of the General
13Assembly (i) that the Omnibus Bond Acts are and always have
14been supplementary grants of power to issue instruments in
15accordance with the Omnibus Bond Acts, regardless of any
16provision of this Act that may appear to be or to have been
17more restrictive than those Acts, (ii) that the provisions of
18this Section are not a limitation on the supplementary
19authority granted by the Omnibus Bond Acts, and (iii) that
20instruments issued under this Section within the supplementary
21authority granted by the Omnibus Bond Acts are not invalid
22because of any provision of this Act that may appear to be or
23to have been more restrictive than those Acts.
24    This Section shall be liberally construed to give effect to
25its purposes.
26(Source: P.A. 93-590, eff. 1-1-04; revised 10-13-15.)
 

 

 

HB5540 Engrossed- 435 -LRB099 16003 AMC 40320 b

1    Section 240. The Regional Transportation Authority Act is
2amended by changing Section 4.03 as follows:
 
3    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
4    Sec. 4.03. Taxes.
5    (a) In order to carry out any of the powers or purposes of
6the Authority, the Board may by ordinance adopted with the
7concurrence of 12 of the then Directors, impose throughout the
8metropolitan region any or all of the taxes provided in this
9Section. Except as otherwise provided in this Act, taxes
10imposed under this Section and civil penalties imposed incident
11thereto shall be collected and enforced by the State Department
12of Revenue. The Department shall have the power to administer
13and enforce the taxes and to determine all rights for refunds
14for erroneous payments of the taxes. Nothing in Public Act
1595-708 this amendatory Act of the 95th General Assembly is
16intended to invalidate any taxes currently imposed by the
17Authority. The increased vote requirements to impose a tax
18shall only apply to actions taken after January 1, 2008 (the
19effective date of Public Act 95-708) this amendatory Act of the
2095th General Assembly.
21    (b) The Board may impose a public transportation tax upon
22all persons engaged in the metropolitan region in the business
23of selling at retail motor fuel for operation of motor vehicles
24upon public highways. The tax shall be at a rate not to exceed

 

 

HB5540 Engrossed- 436 -LRB099 16003 AMC 40320 b

15% of the gross receipts from the sales of motor fuel in the
2course of the business. As used in this Act, the term "motor
3fuel" shall have the same meaning as in the Motor Fuel Tax Law.
4The Board may provide for details of the tax. The provisions of
5any tax shall conform, as closely as may be practicable, to the
6provisions of the Municipal Retailers Occupation Tax Act,
7including without limitation, conformity to penalties with
8respect to the tax imposed and as to the powers of the State
9Department of Revenue to promulgate and enforce rules and
10regulations relating to the administration and enforcement of
11the provisions of the tax imposed, except that reference in the
12Act to any municipality shall refer to the Authority and the
13tax shall be imposed only with regard to receipts from sales of
14motor fuel in the metropolitan region, at rates as limited by
15this Section.
16    (c) In connection with the tax imposed under paragraph (b)
17of this Section the Board may impose a tax upon the privilege
18of using in the metropolitan region motor fuel for the
19operation of a motor vehicle upon public highways, the tax to
20be at a rate not in excess of the rate of tax imposed under
21paragraph (b) of this Section. The Board may provide for
22details of the tax.
23    (d) The Board may impose a motor vehicle parking tax upon
24the privilege of parking motor vehicles at off-street parking
25facilities in the metropolitan region at which a fee is
26charged, and may provide for reasonable classifications in and

 

 

HB5540 Engrossed- 437 -LRB099 16003 AMC 40320 b

1exemptions to the tax, for administration and enforcement
2thereof and for civil penalties and refunds thereunder and may
3provide criminal penalties thereunder, the maximum penalties
4not to exceed the maximum criminal penalties provided in the
5Retailers' Occupation Tax Act. The Authority may collect and
6enforce the tax itself or by contract with any unit of local
7government. The State Department of Revenue shall have no
8responsibility for the collection and enforcement unless the
9Department agrees with the Authority to undertake the
10collection and enforcement. As used in this paragraph, the term
11"parking facility" means a parking area or structure having
12parking spaces for more than 2 vehicles at which motor vehicles
13are permitted to park in return for an hourly, daily, or other
14periodic fee, whether publicly or privately owned, but does not
15include parking spaces on a public street, the use of which is
16regulated by parking meters.
17    (e) The Board may impose a Regional Transportation
18Authority Retailers' Occupation Tax upon all persons engaged in
19the business of selling tangible personal property at retail in
20the metropolitan region. In Cook County the tax rate shall be
211.25% of the gross receipts from sales of food for human
22consumption that is to be consumed off the premises where it is
23sold (other than alcoholic beverages, soft drinks and food that
24has been prepared for immediate consumption) and prescription
25and nonprescription medicines, drugs, medical appliances and
26insulin, urine testing materials, syringes and needles used by

 

 

HB5540 Engrossed- 438 -LRB099 16003 AMC 40320 b

1diabetics, and 1% of the gross receipts from other taxable
2sales made in the course of that business. In DuPage, Kane,
3Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
4of the gross receipts from all taxable sales made in the course
5of that business. The tax imposed under this Section and all
6civil penalties that may be assessed as an incident thereof
7shall be collected and enforced by the State Department of
8Revenue. The Department shall have full power to administer and
9enforce this Section; to collect all taxes and penalties so
10collected in the manner hereinafter provided; and to determine
11all rights to credit memoranda arising on account of the
12erroneous payment of tax or penalty hereunder. In the
13administration of, and compliance with this Section, the
14Department and persons who are subject to this Section shall
15have the same rights, remedies, privileges, immunities, powers
16and duties, and be subject to the same conditions,
17restrictions, limitations, penalties, exclusions, exemptions
18and definitions of terms, and employ the same modes of
19procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
201e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
21therein other than the State rate of tax), 2c, 3 (except as to
22the disposition of taxes and penalties collected), 4, 5, 5a,
235b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
247, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
25and Section 3-7 of the Uniform Penalty and Interest Act, as
26fully as if those provisions were set forth herein.

 

 

HB5540 Engrossed- 439 -LRB099 16003 AMC 40320 b

1    Persons subject to any tax imposed under the authority
2granted in this Section may reimburse themselves for their
3seller's tax liability hereunder by separately stating the tax
4as an additional charge, which charge may be stated in
5combination in a single amount with State taxes that sellers
6are required to collect under the Use Tax Act, under any
7bracket schedules the Department may prescribe.
8    Whenever the Department determines that a refund should be
9made under this Section to a claimant instead of issuing a
10credit memorandum, the Department shall notify the State
11Comptroller, who shall cause the warrant to be drawn for the
12amount specified, and to the person named, in the notification
13from the Department. The refund shall be paid by the State
14Treasurer out of the Regional Transportation Authority tax fund
15established under paragraph (n) of this Section.
16    If a tax is imposed under this subsection (e), a tax shall
17also be imposed under subsections (f) and (g) of this Section.
18    For the purpose of determining whether a tax authorized
19under this Section is applicable, a retail sale by a producer
20of coal or other mineral mined in Illinois, is a sale at retail
21at the place where the coal or other mineral mined in Illinois
22is extracted from the earth. This paragraph does not apply to
23coal or other mineral when it is delivered or shipped by the
24seller to the purchaser at a point outside Illinois so that the
25sale is exempt under the Federal Constitution as a sale in
26interstate or foreign commerce.

 

 

HB5540 Engrossed- 440 -LRB099 16003 AMC 40320 b

1    No tax shall be imposed or collected under this subsection
2on the sale of a motor vehicle in this State to a resident of
3another state if that motor vehicle will not be titled in this
4State.
5    Nothing in this Section shall be construed to authorize the
6Regional Transportation Authority to impose a tax upon the
7privilege of engaging in any business that under the
8Constitution of the United States may not be made the subject
9of taxation by this State.
10    (f) If a tax has been imposed under paragraph (e), a
11Regional Transportation Authority Service Occupation Tax shall
12also be imposed upon all persons engaged, in the metropolitan
13region in the business of making sales of service, who as an
14incident to making the sales of service, transfer tangible
15personal property within the metropolitan region, either in the
16form of tangible personal property or in the form of real
17estate as an incident to a sale of service. In Cook County, the
18tax rate shall be: (1) 1.25% of the serviceman's cost price of
19food prepared for immediate consumption and transferred
20incident to a sale of service subject to the service occupation
21tax by an entity licensed under the Hospital Licensing Act, the
22Nursing Home Care Act, the Specialized Mental Health
23Rehabilitation Act of 2013, the ID/DD Community Care Act, or
24the MC/DD Act that is located in the metropolitan region; (2)
251.25% of the selling price of food for human consumption that
26is to be consumed off the premises where it is sold (other than

 

 

HB5540 Engrossed- 441 -LRB099 16003 AMC 40320 b

1alcoholic beverages, soft drinks and food that has been
2prepared for immediate consumption) and prescription and
3nonprescription medicines, drugs, medical appliances and
4insulin, urine testing materials, syringes and needles used by
5diabetics; and (3) 1% of the selling price from other taxable
6sales of tangible personal property transferred. In DuPage,
7Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
8of the selling price of all tangible personal property
9transferred.
10    The tax imposed under this paragraph and all civil
11penalties that may be assessed as an incident thereof shall be
12collected and enforced by the State Department of Revenue. The
13Department shall have full power to administer and enforce this
14paragraph; to collect all taxes and penalties due hereunder; to
15dispose of taxes and penalties collected in the manner
16hereinafter provided; and to determine all rights to credit
17memoranda arising on account of the erroneous payment of tax or
18penalty hereunder. In the administration of and compliance with
19this paragraph, the Department and persons who are subject to
20this paragraph shall have the same rights, remedies,
21privileges, immunities, powers and duties, and be subject to
22the same conditions, restrictions, limitations, penalties,
23exclusions, exemptions and definitions of terms, and employ the
24same modes of procedure, as are prescribed in Sections 1a-1, 2,
252a, 3 through 3-50 (in respect to all provisions therein other
26than the State rate of tax), 4 (except that the reference to

 

 

HB5540 Engrossed- 442 -LRB099 16003 AMC 40320 b

1the State shall be to the Authority), 5, 7, 8 (except that the
2jurisdiction to which the tax shall be a debt to the extent
3indicated in that Section 8 shall be the Authority), 9 (except
4as to the disposition of taxes and penalties collected, and
5except that the returned merchandise credit for this tax may
6not be taken against any State tax), 10, 11, 12 (except the
7reference therein to Section 2b of the Retailers' Occupation
8Tax Act), 13 (except that any reference to the State shall mean
9the Authority), the first paragraph of Section 15, 16, 17, 18,
1019 and 20 of the Service Occupation Tax Act and Section 3-7 of
11the Uniform Penalty and Interest Act, as fully as if those
12provisions were set forth herein.
13    Persons subject to any tax imposed under the authority
14granted in this paragraph may reimburse themselves for their
15serviceman's tax liability hereunder by separately stating the
16tax as an additional charge, that charge may be stated in
17combination in a single amount with State tax that servicemen
18are authorized to collect under the Service Use Tax Act, under
19any bracket schedules the Department may prescribe.
20    Whenever the Department determines that a refund should be
21made under this paragraph to a claimant instead of issuing a
22credit memorandum, the Department shall notify the State
23Comptroller, who shall cause the warrant to be drawn for the
24amount specified, and to the person named in the notification
25from the Department. The refund shall be paid by the State
26Treasurer out of the Regional Transportation Authority tax fund

 

 

HB5540 Engrossed- 443 -LRB099 16003 AMC 40320 b

1established under paragraph (n) of this Section.
2    Nothing in this paragraph shall be construed to authorize
3the Authority to impose a tax upon the privilege of engaging in
4any business that under the Constitution of the United States
5may not be made the subject of taxation by the State.
6    (g) If a tax has been imposed under paragraph (e), a tax
7shall also be imposed upon the privilege of using in the
8metropolitan region, any item of tangible personal property
9that is purchased outside the metropolitan region at retail
10from a retailer, and that is titled or registered with an
11agency of this State's government. In Cook County the tax rate
12shall be 1% of the selling price of the tangible personal
13property, as "selling price" is defined in the Use Tax Act. In
14DuPage, Kane, Lake, McHenry and Will counties the tax rate
15shall be 0.75% of the selling price of the tangible personal
16property, as "selling price" is defined in the Use Tax Act. The
17tax shall be collected from persons whose Illinois address for
18titling or registration purposes is given as being in the
19metropolitan region. The tax shall be collected by the
20Department of Revenue for the Regional Transportation
21Authority. The tax must be paid to the State, or an exemption
22determination must be obtained from the Department of Revenue,
23before the title or certificate of registration for the
24property may be issued. The tax or proof of exemption may be
25transmitted to the Department by way of the State agency with
26which, or the State officer with whom, the tangible personal

 

 

HB5540 Engrossed- 444 -LRB099 16003 AMC 40320 b

1property must be titled or registered if the Department and the
2State agency or State officer determine that this procedure
3will expedite the processing of applications for title or
4registration.
5    The Department shall have full power to administer and
6enforce this paragraph; to collect all taxes, penalties and
7interest due hereunder; to dispose of taxes, penalties and
8interest collected in the manner hereinafter provided; and to
9determine all rights to credit memoranda or refunds arising on
10account of the erroneous payment of tax, penalty or interest
11hereunder. In the administration of and compliance with this
12paragraph, the Department and persons who are subject to this
13paragraph shall have the same rights, remedies, privileges,
14immunities, powers and duties, and be subject to the same
15conditions, restrictions, limitations, penalties, exclusions,
16exemptions and definitions of terms and employ the same modes
17of procedure, as are prescribed in Sections 2 (except the
18definition of "retailer maintaining a place of business in this
19State"), 3 through 3-80 (except provisions pertaining to the
20State rate of tax, and except provisions concerning collection
21or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
2219 (except the portions pertaining to claims by retailers and
23except the last paragraph concerning refunds), 20, 21 and 22 of
24the Use Tax Act, and are not inconsistent with this paragraph,
25as fully as if those provisions were set forth herein.
26    Whenever the Department determines that a refund should be

 

 

HB5540 Engrossed- 445 -LRB099 16003 AMC 40320 b

1made under this paragraph to a claimant instead of issuing a
2credit memorandum, the Department shall notify the State
3Comptroller, who shall cause the order to be drawn for the
4amount specified, and to the person named in the notification
5from the Department. The refund shall be paid by the State
6Treasurer out of the Regional Transportation Authority tax fund
7established under paragraph (n) of this Section.
8    (h) The Authority may impose a replacement vehicle tax of
9$50 on any passenger car as defined in Section 1-157 of the
10Illinois Vehicle Code purchased within the metropolitan region
11by or on behalf of an insurance company to replace a passenger
12car of an insured person in settlement of a total loss claim.
13The tax imposed may not become effective before the first day
14of the month following the passage of the ordinance imposing
15the tax and receipt of a certified copy of the ordinance by the
16Department of Revenue. The Department of Revenue shall collect
17the tax for the Authority in accordance with Sections 3-2002
18and 3-2003 of the Illinois Vehicle Code.
19    The Department shall immediately pay over to the State
20Treasurer, ex officio, as trustee, all taxes collected
21hereunder.
22    As soon as possible after the first day of each month,
23beginning January 1, 2011, upon certification of the Department
24of Revenue, the Comptroller shall order transferred, and the
25Treasurer shall transfer, to the STAR Bonds Revenue Fund the
26local sales tax increment, as defined in the Innovation

 

 

HB5540 Engrossed- 446 -LRB099 16003 AMC 40320 b

1Development and Economy Act, collected under this Section
2during the second preceding calendar month for sales within a
3STAR bond district.
4    After the monthly transfer to the STAR Bonds Revenue Fund,
5on or before the 25th day of each calendar month, the
6Department shall prepare and certify to the Comptroller the
7disbursement of stated sums of money to the Authority. The
8amount to be paid to the Authority shall be the amount
9collected hereunder during the second preceding calendar month
10by the Department, less any amount determined by the Department
11to be necessary for the payment of refunds, and less any
12amounts that are transferred to the STAR Bonds Revenue Fund.
13Within 10 days after receipt by the Comptroller of the
14disbursement certification to the Authority provided for in
15this Section to be given to the Comptroller by the Department,
16the Comptroller shall cause the orders to be drawn for that
17amount in accordance with the directions contained in the
18certification.
19    (i) The Board may not impose any other taxes except as it
20may from time to time be authorized by law to impose.
21    (j) A certificate of registration issued by the State
22Department of Revenue to a retailer under the Retailers'
23Occupation Tax Act or under the Service Occupation Tax Act
24shall permit the registrant to engage in a business that is
25taxed under the tax imposed under paragraphs (b), (e), (f) or
26(g) of this Section and no additional registration shall be

 

 

HB5540 Engrossed- 447 -LRB099 16003 AMC 40320 b

1required under the tax. A certificate issued under the Use Tax
2Act or the Service Use Tax Act shall be applicable with regard
3to any tax imposed under paragraph (c) of this Section.
4    (k) The provisions of any tax imposed under paragraph (c)
5of this Section shall conform as closely as may be practicable
6to the provisions of the Use Tax Act, including without
7limitation conformity as to penalties with respect to the tax
8imposed and as to the powers of the State Department of Revenue
9to promulgate and enforce rules and regulations relating to the
10administration and enforcement of the provisions of the tax
11imposed. The taxes shall be imposed only on use within the
12metropolitan region and at rates as provided in the paragraph.
13    (l) The Board in imposing any tax as provided in paragraphs
14(b) and (c) of this Section, shall, after seeking the advice of
15the State Department of Revenue, provide means for retailers,
16users or purchasers of motor fuel for purposes other than those
17with regard to which the taxes may be imposed as provided in
18those paragraphs to receive refunds of taxes improperly paid,
19which provisions may be at variance with the refund provisions
20as applicable under the Municipal Retailers Occupation Tax Act.
21The State Department of Revenue may provide for certificates of
22registration for users or purchasers of motor fuel for purposes
23other than those with regard to which taxes may be imposed as
24provided in paragraphs (b) and (c) of this Section to
25facilitate the reporting and nontaxability of the exempt sales
26or uses.

 

 

HB5540 Engrossed- 448 -LRB099 16003 AMC 40320 b

1    (m) Any ordinance imposing or discontinuing any tax under
2this Section shall be adopted and a certified copy thereof
3filed with the Department on or before June 1, whereupon the
4Department of Revenue shall proceed to administer and enforce
5this Section on behalf of the Regional Transportation Authority
6as of September 1 next following such adoption and filing.
7Beginning January 1, 1992, an ordinance or resolution imposing
8or discontinuing the tax hereunder shall be adopted and a
9certified copy thereof filed with the Department on or before
10the first day of July, whereupon the Department shall proceed
11to administer and enforce this Section as of the first day of
12October next following such adoption and filing. Beginning
13January 1, 1993, an ordinance or resolution imposing,
14increasing, decreasing, or discontinuing the tax hereunder
15shall be adopted and a certified copy thereof filed with the
16Department, whereupon the Department shall proceed to
17administer and enforce this Section as of the first day of the
18first month to occur not less than 60 days following such
19adoption and filing. Any ordinance or resolution of the
20Authority imposing a tax under this Section and in effect on
21August 1, 2007 shall remain in full force and effect and shall
22be administered by the Department of Revenue under the terms
23and conditions and rates of tax established by such ordinance
24or resolution until the Department begins administering and
25enforcing an increased tax under this Section as authorized by
26Public Act 95-708 this amendatory Act of the 95th General

 

 

HB5540 Engrossed- 449 -LRB099 16003 AMC 40320 b

1Assembly. The tax rates authorized by Public Act 95-708 this
2amendatory Act of the 95th General Assembly are effective only
3if imposed by ordinance of the Authority.
4    (n) The State Department of Revenue shall, upon collecting
5any taxes as provided in this Section, pay the taxes over to
6the State Treasurer as trustee for the Authority. The taxes
7shall be held in a trust fund outside the State Treasury. On or
8before the 25th day of each calendar month, the State
9Department of Revenue shall prepare and certify to the
10Comptroller of the State of Illinois and to the Authority (i)
11the amount of taxes collected in each County other than Cook
12County in the metropolitan region, (ii) the amount of taxes
13collected within the City of Chicago, and (iii) the amount
14collected in that portion of Cook County outside of Chicago,
15each amount less the amount necessary for the payment of
16refunds to taxpayers located in those areas described in items
17(i), (ii), and (iii). Within 10 days after receipt by the
18Comptroller of the certification of the amounts, the
19Comptroller shall cause an order to be drawn for the payment of
20two-thirds of the amounts certified in item (i) of this
21subsection to the Authority and one-third of the amounts
22certified in item (i) of this subsection to the respective
23counties other than Cook County and the amount certified in
24items (ii) and (iii) of this subsection to the Authority.
25    In addition to the disbursement required by the preceding
26paragraph, an allocation shall be made in July 1991 and each

 

 

HB5540 Engrossed- 450 -LRB099 16003 AMC 40320 b

1year thereafter to the Regional Transportation Authority. The
2allocation shall be made in an amount equal to the average
3monthly distribution during the preceding calendar year
4(excluding the 2 months of lowest receipts) and the allocation
5shall include the amount of average monthly distribution from
6the Regional Transportation Authority Occupation and Use Tax
7Replacement Fund. The distribution made in July 1992 and each
8year thereafter under this paragraph and the preceding
9paragraph shall be reduced by the amount allocated and
10disbursed under this paragraph in the preceding calendar year.
11The Department of Revenue shall prepare and certify to the
12Comptroller for disbursement the allocations made in
13accordance with this paragraph.
14    (o) Failure to adopt a budget ordinance or otherwise to
15comply with Section 4.01 of this Act or to adopt a Five-year
16Capital Program or otherwise to comply with paragraph (b) of
17Section 2.01 of this Act shall not affect the validity of any
18tax imposed by the Authority otherwise in conformity with law.
19    (p) At no time shall a public transportation tax or motor
20vehicle parking tax authorized under paragraphs (b), (c) and
21(d) of this Section be in effect at the same time as any
22retailers' occupation, use or service occupation tax
23authorized under paragraphs (e), (f) and (g) of this Section is
24in effect.
25    Any taxes imposed under the authority provided in
26paragraphs (b), (c) and (d) shall remain in effect only until

 

 

HB5540 Engrossed- 451 -LRB099 16003 AMC 40320 b

1the time as any tax authorized by paragraphs (e), (f) or (g) of
2this Section are imposed and becomes effective. Once any tax
3authorized by paragraphs (e), (f) or (g) is imposed the Board
4may not reimpose taxes as authorized in paragraphs (b), (c) and
5(d) of the Section unless any tax authorized by paragraphs (e),
6(f) or (g) of this Section becomes ineffective by means other
7than an ordinance of the Board.
8    (q) Any existing rights, remedies and obligations
9(including enforcement by the Regional Transportation
10Authority) arising under any tax imposed under paragraphs (b),
11(c) or (d) of this Section shall not be affected by the
12imposition of a tax under paragraphs (e), (f) or (g) of this
13Section.
14(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
1599-217, eff. 7-31-15; revised 10-9-15.)
 
16    Section 245. The Water Commission Act of 1985 is amended by
17changing Section 4 as follows:
 
18    (70 ILCS 3720/4)  (from Ch. 111 2/3, par. 254)
19    Sec. 4. Taxes.
20    (a) The board of commissioners of any county water
21commission may, by ordinance, impose throughout the territory
22of the commission any or all of the taxes provided in this
23Section for its corporate purposes. However, no county water
24commission may impose any such tax unless the commission

 

 

HB5540 Engrossed- 452 -LRB099 16003 AMC 40320 b

1certifies the proposition of imposing the tax to the proper
2election officials, who shall submit the proposition to the
3voters residing in the territory at an election in accordance
4with the general election law, and the proposition has been
5approved by a majority of those voting on the proposition.
6    The proposition shall be in the form provided in Section 5
7or shall be substantially in the following form:
8-------------------------------------------------------------
9    Shall the (insert corporate
10name of county water commission)           YES
11impose (state type of tax or         ------------------------
12taxes to be imposed) at the                NO
13rate of 1/4%?
14-------------------------------------------------------------
15    Taxes imposed under this Section and civil penalties
16imposed incident thereto shall be collected and enforced by the
17State Department of Revenue. The Department shall have the
18power to administer and enforce the taxes and to determine all
19rights for refunds for erroneous payments of the taxes.
20    (b) The board of commissioners may impose a County Water
21Commission Retailers' Occupation Tax upon all persons engaged
22in the business of selling tangible personal property at retail
23in the territory of the commission at a rate of 1/4% of the
24gross receipts from the sales made in the course of such
25business within the territory. The tax imposed under this
26paragraph and all civil penalties that may be assessed as an

 

 

HB5540 Engrossed- 453 -LRB099 16003 AMC 40320 b

1incident thereof shall be collected and enforced by the State
2Department of Revenue. The Department shall have full power to
3administer and enforce this paragraph; to collect all taxes and
4penalties due hereunder; to dispose of taxes and penalties so
5collected in the manner hereinafter provided; and to determine
6all rights to credit memoranda arising on account of the
7erroneous payment of tax or penalty hereunder. In the
8administration of, and compliance with, this paragraph, the
9Department and persons who are subject to this paragraph shall
10have the same rights, remedies, privileges, immunities, powers
11and duties, and be subject to the same conditions,
12restrictions, limitations, penalties, exclusions, exemptions
13and definitions of terms, and employ the same modes of
14procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
151e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
16therein other than the State rate of tax except that food for
17human consumption that is to be consumed off the premises where
18it is sold (other than alcoholic beverages, soft drinks, and
19food that has been prepared for immediate consumption) and
20prescription and nonprescription medicine, drugs, medical
21appliances and insulin, urine testing materials, syringes, and
22needles used by diabetics, for human use, shall not be subject
23to tax hereunder), 2c, 3 (except as to the disposition of taxes
24and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
255i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of
26the Retailers' Occupation Tax Act and Section 3-7 of the

 

 

HB5540 Engrossed- 454 -LRB099 16003 AMC 40320 b

1Uniform Penalty and Interest Act, as fully as if those
2provisions were set forth herein.
3    Persons subject to any tax imposed under the authority
4granted in this paragraph may reimburse themselves for their
5seller's tax liability hereunder by separately stating the tax
6as an additional charge, which charge may be stated in
7combination, in a single amount, with State taxes that sellers
8are required to collect under the Use Tax Act and under
9subsection (e) of Section 4.03 of the Regional Transportation
10Authority Act, in accordance with such bracket schedules as the
11Department may prescribe.
12    Whenever the Department determines that a refund should be
13made under this paragraph to a claimant instead of issuing a
14credit memorandum, the Department shall notify the State
15Comptroller, who shall cause the warrant to be drawn for the
16amount specified, and to the person named, in the notification
17from the Department. The refund shall be paid by the State
18Treasurer out of a county water commission tax fund established
19under paragraph (g) of this Section.
20    For the purpose of determining whether a tax authorized
21under this paragraph is applicable, a retail sale by a producer
22of coal or other mineral mined in Illinois is a sale at retail
23at the place where the coal or other mineral mined in Illinois
24is extracted from the earth. This paragraph does not apply to
25coal or other mineral when it is delivered or shipped by the
26seller to the purchaser at a point outside Illinois so that the

 

 

HB5540 Engrossed- 455 -LRB099 16003 AMC 40320 b

1sale is exempt under the Federal Constitution as a sale in
2interstate or foreign commerce.
3    If a tax is imposed under this subsection (b) a tax shall
4also be imposed under subsections (c) and (d) of this Section.
5    No tax shall be imposed or collected under this subsection
6on the sale of a motor vehicle in this State to a resident of
7another state if that motor vehicle will not be titled in this
8State.
9    Nothing in this paragraph shall be construed to authorize a
10county water commission to impose a tax upon the privilege of
11engaging in any business which under the Constitution of the
12United States may not be made the subject of taxation by this
13State.
14    (c) If a tax has been imposed under subsection (b), a
15County Water Commission Service Occupation Tax shall also be
16imposed upon all persons engaged, in the territory of the
17commission, in the business of making sales of service, who, as
18an incident to making the sales of service, transfer tangible
19personal property within the territory. The tax rate shall be
201/4% of the selling price of tangible personal property so
21transferred within the territory. The tax imposed under this
22paragraph and all civil penalties that may be assessed as an
23incident thereof shall be collected and enforced by the State
24Department of Revenue. The Department shall have full power to
25administer and enforce this paragraph; to collect all taxes and
26penalties due hereunder; to dispose of taxes and penalties so

 

 

HB5540 Engrossed- 456 -LRB099 16003 AMC 40320 b

1collected in the manner hereinafter provided; and to determine
2all rights to credit memoranda arising on account of the
3erroneous payment of tax or penalty hereunder. In the
4administration of, and compliance with, this paragraph, the
5Department and persons who are subject to this paragraph shall
6have the same rights, remedies, privileges, immunities, powers
7and duties, and be subject to the same conditions,
8restrictions, limitations, penalties, exclusions, exemptions
9and definitions of terms, and employ the same modes of
10procedure, as are prescribed in Sections 1a-1, 2 (except that
11the reference to State in the definition of supplier
12maintaining a place of business in this State shall mean the
13territory of the commission), 2a, 3 through 3-50 (in respect to
14all provisions therein other than the State rate of tax except
15that food for human consumption that is to be consumed off the
16premises where it is sold (other than alcoholic beverages, soft
17drinks, and food that has been prepared for immediate
18consumption) and prescription and nonprescription medicines,
19drugs, medical appliances and insulin, urine testing
20materials, syringes, and needles used by diabetics, for human
21use, shall not be subject to tax hereunder), 4 (except that the
22reference to the State shall be to the territory of the
23commission), 5, 7, 8 (except that the jurisdiction to which the
24tax shall be a debt to the extent indicated in that Section 8
25shall be the commission), 9 (except as to the disposition of
26taxes and penalties collected and except that the returned

 

 

HB5540 Engrossed- 457 -LRB099 16003 AMC 40320 b

1merchandise credit for this tax may not be taken against any
2State tax), 10, 11, 12 (except the reference therein to Section
32b of the Retailers' Occupation Tax Act), 13 (except that any
4reference to the State shall mean the territory of the
5commission), the first paragraph of Section 15, 15.5, 16, 17,
618, 19 and 20 of the Service Occupation Tax Act as fully as if
7those provisions were set forth herein.
8    Persons subject to any tax imposed under the authority
9granted in this paragraph may reimburse themselves for their
10serviceman's tax liability hereunder by separately stating the
11tax as an additional charge, which charge may be stated in
12combination, in a single amount, with State tax that servicemen
13are authorized to collect under the Service Use Tax Act, and
14any tax for which servicemen may be liable under subsection (f)
15of Section Sec. 4.03 of the Regional Transportation Authority
16Act, in accordance with such bracket schedules as the
17Department may prescribe.
18    Whenever the Department determines that a refund should be
19made under this paragraph to a claimant instead of issuing a
20credit memorandum, the Department shall notify the State
21Comptroller, who shall cause the warrant to be drawn for the
22amount specified, and to the person named, in the notification
23from the Department. The refund shall be paid by the State
24Treasurer out of a county water commission tax fund established
25under paragraph (g) of this Section.
26    Nothing in this paragraph shall be construed to authorize a

 

 

HB5540 Engrossed- 458 -LRB099 16003 AMC 40320 b

1county water commission to impose a tax upon the privilege of
2engaging in any business which under the Constitution of the
3United States may not be made the subject of taxation by the
4State.
5    (d) If a tax has been imposed under subsection (b), a tax
6shall also imposed upon the privilege of using, in the
7territory of the commission, any item of tangible personal
8property that is purchased outside the territory at retail from
9a retailer, and that is titled or registered with an agency of
10this State's government, at a rate of 1/4% of the selling price
11of the tangible personal property within the territory, as
12"selling price" is defined in the Use Tax Act. The tax shall be
13collected from persons whose Illinois address for titling or
14registration purposes is given as being in the territory. The
15tax shall be collected by the Department of Revenue for a
16county water commission. The tax must be paid to the State, or
17an exemption determination must be obtained from the Department
18of Revenue, before the title or certificate of registration for
19the property may be issued. The tax or proof of exemption may
20be transmitted to the Department by way of the State agency
21with which, or the State officer with whom, the tangible
22personal property must be titled or registered if the
23Department and the State agency or State officer determine that
24this procedure will expedite the processing of applications for
25title or registration.
26    The Department shall have full power to administer and

 

 

HB5540 Engrossed- 459 -LRB099 16003 AMC 40320 b

1enforce this paragraph; to collect all taxes, penalties and
2interest due hereunder; to dispose of taxes, penalties and
3interest so collected in the manner hereinafter provided; and
4to determine all rights to credit memoranda or refunds arising
5on account of the erroneous payment of tax, penalty or interest
6hereunder. In the administration of, and compliance with this
7paragraph, the Department and persons who are subject to this
8paragraph shall have the same rights, remedies, privileges,
9immunities, powers and duties, and be subject to the same
10conditions, restrictions, limitations, penalties, exclusions,
11exemptions and definitions of terms and employ the same modes
12of procedure, as are prescribed in Sections 2 (except the
13definition of "retailer maintaining a place of business in this
14State"), 3 through 3-80 (except provisions pertaining to the
15State rate of tax, and except provisions concerning collection
16or refunding of the tax by retailers, and except that food for
17human consumption that is to be consumed off the premises where
18it is sold (other than alcoholic beverages, soft drinks, and
19food that has been prepared for immediate consumption) and
20prescription and nonprescription medicines, drugs, medical
21appliances and insulin, urine testing materials, syringes, and
22needles used by diabetics, for human use, shall not be subject
23to tax hereunder), 4, 11, 12, 12a, 14, 15, 19 (except the
24portions pertaining to claims by retailers and except the last
25paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act
26and Section 3-7 of the Uniform Penalty and Interest Act that

 

 

HB5540 Engrossed- 460 -LRB099 16003 AMC 40320 b

1are not inconsistent with this paragraph, as fully as if those
2provisions were set forth herein.
3    Whenever the Department determines that a refund should be
4made under this paragraph to a claimant instead of issuing a
5credit memorandum, the Department shall notify the State
6Comptroller, who shall cause the order to be drawn for the
7amount specified, and to the person named, in the notification
8from the Department. The refund shall be paid by the State
9Treasurer out of a county water commission tax fund established
10under paragraph (g) of this Section.
11    (e) A certificate of registration issued by the State
12Department of Revenue to a retailer under the Retailers'
13Occupation Tax Act or under the Service Occupation Tax Act
14shall permit the registrant to engage in a business that is
15taxed under the tax imposed under paragraphs (b), (c) or (d) of
16this Section and no additional registration shall be required
17under the tax. A certificate issued under the Use Tax Act or
18the Service Use Tax Act shall be applicable with regard to any
19tax imposed under paragraph (c) of this Section.
20    (f) Any ordinance imposing or discontinuing any tax under
21this Section shall be adopted and a certified copy thereof
22filed with the Department on or before June 1, whereupon the
23Department of Revenue shall proceed to administer and enforce
24this Section on behalf of the county water commission as of
25September 1 next following the adoption and filing. Beginning
26January 1, 1992, an ordinance or resolution imposing or

 

 

HB5540 Engrossed- 461 -LRB099 16003 AMC 40320 b

1discontinuing the tax hereunder shall be adopted and a
2certified copy thereof filed with the Department on or before
3the first day of July, whereupon the Department shall proceed
4to administer and enforce this Section as of the first day of
5October next following such adoption and filing. Beginning
6January 1, 1993, an ordinance or resolution imposing or
7discontinuing the tax hereunder shall be adopted and a
8certified copy thereof filed with the Department on or before
9the first day of October, whereupon the Department shall
10proceed to administer and enforce this Section as of the first
11day of January next following such adoption and filing.
12    (g) The State Department of Revenue shall, upon collecting
13any taxes as provided in this Section, pay the taxes over to
14the State Treasurer as trustee for the commission. The taxes
15shall be held in a trust fund outside the State Treasury.
16    As soon as possible after the first day of each month,
17beginning January 1, 2011, upon certification of the Department
18of Revenue, the Comptroller shall order transferred, and the
19Treasurer shall transfer, to the STAR Bonds Revenue Fund the
20local sales tax increment, as defined in the Innovation
21Development and Economy Act, collected under this Section
22during the second preceding calendar month for sales within a
23STAR bond district.
24    After the monthly transfer to the STAR Bonds Revenue Fund,
25on or before the 25th day of each calendar month, the State
26Department of Revenue shall prepare and certify to the

 

 

HB5540 Engrossed- 462 -LRB099 16003 AMC 40320 b

1Comptroller of the State of Illinois the amount to be paid to
2the commission, which shall be the amount (not including credit
3memoranda) collected under this Section during the second
4preceding calendar month by the Department plus an amount the
5Department determines is necessary to offset any amounts that
6were erroneously paid to a different taxing body, and not
7including any amount equal to the amount of refunds made during
8the second preceding calendar month by the Department on behalf
9of the commission, and not including any amount that the
10Department determines is necessary to offset any amounts that
11were payable to a different taxing body but were erroneously
12paid to the commission, and less any amounts that are
13transferred to the STAR Bonds Revenue Fund. Within 10 days
14after receipt by the Comptroller of the certification of the
15amount to be paid to the commission, the Comptroller shall
16cause an order to be drawn for the payment for the amount in
17accordance with the direction in the certification.
18    (h) Beginning June 1, 2016, any tax imposed pursuant to
19this Section may no longer be imposed or collected, unless a
20continuation of the tax is approved by the voters at a
21referendum as set forth in this Section.
22(Source: P.A. 98-298, eff. 8-9-13; 99-217, eff. 7-31-15;
23revised 11-9-15.)
 
24    Section 250. The School Code is amended by changing
25Sections 2-3.25a, 2-3.25f, 2-3.64a-5, 5-2.2, 10-17a, 10-29,

 

 

HB5540 Engrossed- 463 -LRB099 16003 AMC 40320 b

114-8.02, 19-1, 21B-20, 21B-45, 22-30, 27-8.1, 27-24.2, 27A-5,
232-5, 34-2.4, and 34-8.1, by setting forth and renumbering
3multiple versions of Sections 2-3.163 and 22-80, and by setting
4forth, renumbering, and changing multiple versions of Section
510-20.56 as follows:
 
6    (105 ILCS 5/2-3.25a)  (from Ch. 122, par. 2-3.25a)
7    Sec. 2-3.25a. "School district" defined; additional
8standards.
9    (a) For the purposes of this Section and Sections 3.25b,
103.25c, 3.25d, 3.25e, and 3.25f of this Code, "school district"
11includes other public entities responsible for administering
12public schools, such as cooperatives, joint agreements,
13charter schools, special charter districts, regional offices
14of education, local agencies, and the Department of Human
15Services.
16    (b) In addition to the standards established pursuant to
17Section 2-3.25, the State Board of Education shall develop
18recognition standards for student performance and school
19improvement for all school districts and their individual
20schools, which must be an outcomes-based, balanced
21accountability measure. The State Board of Education is
22prohibited from having separate performance standards for
23students based on race or ethnicity.
24    Subject to the availability of federal, State, public, or
25private funds, the balanced accountability measure must be

 

 

HB5540 Engrossed- 464 -LRB099 16003 AMC 40320 b

1designed to focus on 2 components, student performance and
2professional practice. The student performance component shall
3count for 30% of the total balanced accountability measure, and
4the professional practice component shall count for 70% of the
5total balanced accountability measure. The student performance
6component shall focus on student outcomes and closing the
7achievement gaps within each school district and its individual
8schools using a Multiple Measure Index and Annual Measurable
9Objectives, as set forth in Section 2-3.25d of this Code. The
10professional practice component shall focus on the degree to
11which a school district, as well as its individual schools, is
12implementing evidence-based, best professional practices and
13exhibiting continued improvement. Beginning with the 2015-2016
14school year, the balanced accountability measure shall consist
15of only the student performance component, which shall account
16for 100% of the total balanced accountability measure. From the
172016-2017 school year through the 2021-2022 school year, the
18State Board of Education and a Balanced Accountability Measure
19Committee shall identify a number of school districts per the
20designated school years to begin implementing the balanced
21accountability measure, which includes both the student
22performance and professional practice components. By the
232021-2022 school year, all school districts must be
24implementing the balanced accountability measure, which
25includes both components. The Balanced Accountability Measure
26Committee shall consist of the following individuals: a

 

 

HB5540 Engrossed- 465 -LRB099 16003 AMC 40320 b

1representative of a statewide association representing
2regional superintendents of schools, a representative of a
3statewide association representing principals, a
4representative of an association representing principals in a
5city having a population exceeding 500,000, a representative of
6a statewide association representing school administrators, a
7representative of a statewide professional teachers'
8organization, a representative of a different statewide
9professional teachers' organization, an additional
10representative from either statewide professional teachers'
11organization, a representative of a professional teachers'
12organization in a city having a population exceeding 500,000, a
13representative of a statewide association representing school
14boards, and a representative of a school district organized
15under Article 34 of this Code. The head of each association or
16entity listed in this paragraph shall appoint its respective
17representative. The State Superintendent of Education, in
18consultation with the Committee, may appoint no more than 2
19additional individuals to the Committee, which individuals
20shall serve in an advisory role and must not have voting or
21other decision-making rights. The Committee is abolished on
22June 1, 2022.
23    Using a Multiple Measure Index consistent with subsection
24(a) of Section 2-3.25d of this Code, the student performance
25component shall consist of the following subcategories, each of
26which must be valued at 10%:

 

 

HB5540 Engrossed- 466 -LRB099 16003 AMC 40320 b

1        (1) achievement status;
2        (2) achievement growth; and
3        (3) Annual Measurable Objectives, as set forth in
4    subsection (b) of Section 2-3.25d of this Code.
5Achievement status shall measure and assess college and career
6readiness, as well as the graduation rate. Achievement growth
7shall measure the school district's and its individual schools'
8student growth via this State's growth value tables. Annual
9Measurable Objectives shall measure the degree to which school
10districts, as well as their individual schools, are closing
11their achievement gaps among their student population and
12subgroups.
13    The professional practice component shall consist of the
14following subcategories:
15        (A) compliance;
16        (B) evidence-based best practices; and
17        (C) contextual improvement.
18Compliance, which shall count for 10%, shall measure the degree
19to which a school district and its individual schools meet the
20current State compliance requirements. Evidence-based best
21practices, which shall count for 30%, shall measure the degree
22to which school districts and their individual schools are
23adhering to a set of evidence-based quality standards and best
24practice for effective schools that include (i) continuous
25improvement, (ii) culture and climate, (iii) shared
26leadership, (iv) governance, (v) education and employee

 

 

HB5540 Engrossed- 467 -LRB099 16003 AMC 40320 b

1quality, (vi) family and community connections, and (vii)
2student and learning development and are further developed in
3consultation with the State Board of Education and the Balanced
4Accountability Measure Committee set forth in this subsection
5(b). Contextual improvement, which shall count for 30%, shall
6provide school districts and their individual schools the
7opportunity to demonstrate improved outcomes through local
8data, including without limitation school climate, unique
9characteristics, and barriers that impact the educational
10environment and hinder the development and implementation of
11action plans to address areas of school district and individual
12school improvement. Each school district, in good faith
13cooperation with its teachers or, where applicable, the
14exclusive bargaining representatives of its teachers, shall
15develop 2 measurable objectives to demonstrate contextual
16improvement, each of which must be equally weighted. Each
17school district shall begin such good faith cooperative
18development of these objectives no later than 6 months prior to
19the beginning of the school year in which the school district
20is to implement the professional practice component of the
21balanced accountability measure. The professional practice
22component must be scored using trained peer review teams that
23observe and verify school district practices using an
24evidence-based framework.
25    The balanced accountability measure shall combine the
26student performance and professional practice components into

 

 

HB5540 Engrossed- 468 -LRB099 16003 AMC 40320 b

1one summative score based on 100 points at the school district
2and individual-school level. A school district shall be
3designated as "Exceeds Standards - Exemplar" if the overall
4score is 100 to 90, "Meets Standards - Proficient" if the
5overall score is 89 to 75, "Approaching Standards - Needs
6Improvement" if the overall score is 74 to 60, and "Below
7Standards - Unsatisfactory" if the overall score is 59 to 0.
8The balanced accountability measure shall also detail both
9incentives that reward school districts for continued improved
10performance, as provided in Section 2-3.25c of this Code, and
11consequences for school districts that fail to provide evidence
12of continued improved performance, which may include
13presentation of a barrier analysis, additional school board and
14administrator training, or additional State assistance. Based
15on its summative score, a school district may be exempt from
16the balanced accountability measure for one or more school
17years. The State Board of Education, in collaboration with the
18Balanced Accountability Measure Committee set forth in this
19subsection (b), shall adopt rules that further implementation
20in accordance with the requirements of this Section.
21(Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; revised
2210-9-15.)
 
23    (105 ILCS 5/2-3.25f)  (from Ch. 122, par. 2-3.25f)
24    Sec. 2-3.25f. State interventions.
25    (a) The State Board of Education shall provide technical

 

 

HB5540 Engrossed- 469 -LRB099 16003 AMC 40320 b

1assistance to assist with the development and implementation of
2School and District Improvement Plans.
3    Schools or school districts that fail to make reasonable
4efforts to implement an approved Improvement Plan may suffer
5loss of State funds by school district, attendance center, or
6program as the State Board of Education deems appropriate.
7    (a-5) (Blank).
8    (b) Beginning in 2017, if, after 3 years following its
9identification as a priority district under Section 2-3.25d-5
10of this Code, a district does not make progress as measured by
11a reduction in achievement gaps commensurate with the targets
12in this State's approved accountability plan with the U.S.
13Department of Education, then the State Board of Education may
14(i) change the recognition status of the school district or
15school to nonrecognized or (ii) authorize the State
16Superintendent of Education to direct the reassignment of
17pupils or direct the reassignment or replacement of school
18district personnel. If a school district is nonrecognized in
19its entirety, it shall automatically be dissolved on July 1
20following that nonrecognition and its territory realigned with
21another school district or districts by the regional board of
22school trustees in accordance with the procedures set forth in
23Section 7-11 of the School Code. The effective date of the
24nonrecognition of a school shall be July 1 following the
25nonrecognition.
26    (b-5) The State Board of Education shall also develop a

 

 

HB5540 Engrossed- 470 -LRB099 16003 AMC 40320 b

1system to provide assistance and resources to lower performing
2school districts. At a minimum, the State Board shall identify
3school districts to receive priority services, to be known as
4priority districts under Section 2-3.25d-5 of this Code. The
5school district shall provide the exclusive bargaining
6representative with a 5-day notice that the district has been
7identified as a priority district. In addition, the State Board
8may, by rule, develop other categories of low-performing
9schools and school districts to receive services.
10    Based on the results of the district needs assessment under
11Section 2-3.25d-5 of this Code, the State Board of Education
12shall work with the district to provide technical assistance
13and professional development, in partnership with the
14district, to implement a continuous improvement plan that would
15increase outcomes for students. The plan for continuous
16improvement shall be based on the results of the district needs
17assessment and shall be used to determine the types of services
18that are to be provided to each priority district. Potential
19services for a district may include monitoring adult and
20student practices, reviewing and reallocating district
21resources, developing a district leadership team, providing
22access to curricular content area specialists, and providing
23online resources and professional development.
24    The State Board of Education may require priority districts
25identified as having deficiencies in one or more core functions
26of the district needs assessment to undergo an accreditation

 

 

HB5540 Engrossed- 471 -LRB099 16003 AMC 40320 b

1process as provided in subsection (d) of Section 2-3.25f-5 of
2this Code.
3    (c) All federal requirements apply to schools and school
4districts utilizing federal funds under Title I, Part A of the
5federal Elementary and Secondary Education Act of 1965.
6(Source: P.A. 98-1155, eff. 1-9-15; 99-193, eff. 7-30-15;
799-203, eff. 7-30-15; revised 10-9-15.)
 
8    (105 ILCS 5/2-3.64a-5)
9    Sec. 2-3.64a-5. State goals and assessment.
10    (a) For the assessment and accountability purposes of this
11Section, "students" includes those students enrolled in a
12public or State-operated elementary school, secondary school,
13or cooperative or joint agreement with a governing body or
14board of control, a charter school operating in compliance with
15the Charter Schools Law, a school operated by a regional office
16of education under Section 13A-3 of this Code, or a public
17school administered by a local public agency or the Department
18of Human Services.
19    (b) The State Board of Education shall establish the
20academic standards that are to be applicable to students who
21are subject to State assessments under this Section. The State
22Board of Education shall not establish any such standards in
23final form without first providing opportunities for public
24participation and local input in the development of the final
25academic standards. Those opportunities shall include a

 

 

HB5540 Engrossed- 472 -LRB099 16003 AMC 40320 b

1well-publicized period of public comment and opportunities to
2file written comments.
3    (c) Beginning no later than the 2014-2015 school year, the
4State Board of Education shall annually assess all students
5enrolled in grades 3 through 8 in English language arts and
6mathematics.
7    Beginning no later than the 2017-2018 school year, the
8State Board of Education shall annually assess all students in
9science at one grade in grades 3 through 5, at one grade in
10grades 6 through 8, and at one grade in grades 9 through 12.
11    The State Board of Education shall annually assess schools
12that operate a secondary education program, as defined in
13Section 22-22 of this Code, in English language arts and
14mathematics. The State Board of Education shall administer no
15more than 3 assessments, per student, of English language arts
16and mathematics for students in a secondary education program.
17One of these assessments shall include a college and career
18ready determination that shall be accepted by this State's
19public institutions of higher education, as defined in the
20Board of Higher Education Act, for the purpose of student
21application or admissions consideration.
22    Students who are not assessed for college and career ready
23determinations may not receive a regular high school diploma
24unless the student is exempted from taking State assessments
25under subsection (d) of this Section because (i) the student's
26individualized educational program developed under Article 14

 

 

HB5540 Engrossed- 473 -LRB099 16003 AMC 40320 b

1of this Code identifies the State assessment as inappropriate
2for the student, (ii) the student is enrolled in a program of
3adult and continuing education, as defined in the Adult
4Education Act, (iii) the school district is not required to
5assess the individual student for purposes of accountability
6under federal No Child Left Behind Act of 2001 requirements,
7(iv) the student has been determined to be an English learner
8and has been enrolled in schools in the United States for less
9than 12 months, or (v) the student is otherwise identified by
10the State Board of Education, through rules, as being exempt
11from the assessment.
12    The State Board of Education shall not assess students
13under this Section in subjects not required by this Section.
14    Districts shall inform their students of the timelines and
15procedures applicable to their participation in every yearly
16administration of the State assessments. The State Board of
17Education shall establish periods of time in each school year
18during which State assessments shall occur to meet the
19objectives of this Section.
20    (d) Every individualized educational program as described
21in Article 14 shall identify if the State assessment or
22components thereof are appropriate for the student. The State
23Board of Education shall develop rules governing the
24administration of an alternate assessment that may be available
25to students for whom participation in this State's regular
26assessments is not appropriate, even with accommodations as

 

 

HB5540 Engrossed- 474 -LRB099 16003 AMC 40320 b

1allowed under this Section.
2    Students receiving special education services whose
3individualized educational programs identify them as eligible
4for the alternative State assessments nevertheless shall have
5the option of taking this State's regular assessment that
6includes a college and career ready determination, which shall
7be administered in accordance with the eligible accommodations
8appropriate for meeting these students' respective needs.
9    All students determined to be English learners shall
10participate in the State assessments, excepting those students
11who have been enrolled in schools in the United States for less
12than 12 months. Such students may be exempted from
13participation in one annual administration of the English
14language arts assessment. Any student determined to be an
15English learner shall receive appropriate assessment
16accommodations, including language supports, which shall be
17established by rule. Approved assessment accommodations must
18be provided until the student's English language skills develop
19to the extent that the student is no longer considered to be an
20English learner, as demonstrated through a State-identified
21English language proficiency assessment.
22    (e) The results or scores of each assessment taken under
23this Section shall be made available to the parents of each
24student.
25    In each school year, the scores attained by a student on
26the State assessment that includes a college and career ready

 

 

HB5540 Engrossed- 475 -LRB099 16003 AMC 40320 b

1determination must be placed in the student's permanent record
2and must be entered on the student's transcript pursuant to
3rules that the State Board of Education shall adopt for that
4purpose in accordance with Section 3 of the Illinois School
5Student Records Act. In each school year, the scores attained
6by a student on the State assessments administered in grades 3
7through 8 must be placed in the student's temporary record.
8    (f) All schools shall administer an academic assessment of
9English language proficiency in oral language (listening and
10speaking) and reading and writing skills to all children
11determined to be English learners.
12    (g) All schools in this State that are part of the sample
13drawn by the National Center for Education Statistics, in
14collaboration with their school districts and the State Board
15of Education, shall administer the biennial academic
16assessments under the National Assessment of Educational
17Progress carried out under Section 411(b)(2) of the federal
18National Education Statistics Act of 1994 (20 U.S.C. 9010) if
19the U.S. Secretary of Education pays the costs of administering
20the assessments.
21    (h) Subject to available funds to this State for the
22purpose of student assessment, the State Board of Education
23shall provide additional assessments and assessment resources
24that may be used by school districts for local assessment
25purposes. The State Board of Education shall annually
26distribute a listing of these additional resources.

 

 

HB5540 Engrossed- 476 -LRB099 16003 AMC 40320 b

1    (i) For the purposes of this subsection (i), "academically
2based assessments" means assessments consisting of questions
3and answers that are measurable and quantifiable to measure the
4knowledge, skills, and ability of students in the subject
5matters covered by the assessments. All assessments
6administered pursuant to this Section must be academically
7based assessments. The scoring of academically based
8assessments shall be reliable, valid, and fair and shall meet
9the guidelines for assessment development and use prescribed by
10the American Psychological Association, the National Council
11on Measurement in Education, and the American Educational
12Research Association.
13    The State Board of Education shall review the use of all
14assessment item types in order to ensure that they are valid
15and reliable indicators of student performance aligned to the
16learning standards being assessed and that the development,
17administration, and scoring of these item types are justifiable
18in terms of cost.
19    (j) The State Superintendent of Education shall appoint a
20committee of no more than 21 members, consisting of parents,
21teachers, school administrators, school board members,
22assessment experts, regional superintendents of schools, and
23citizens, to review the State assessments administered by the
24State Board of Education. The Committee shall select one of its
25members as its chairperson. The Committee shall meet on an
26ongoing basis to review the content and design of the

 

 

HB5540 Engrossed- 477 -LRB099 16003 AMC 40320 b

1assessments (including whether the requirements of subsection
2(i) of this Section have been met), the time and money expended
3at the local and State levels to prepare for and administer the
4assessments, the collective results of the assessments as
5measured against the stated purpose of assessing student
6performance, and other issues involving the assessments
7identified by the Committee. The Committee shall make periodic
8recommendations to the State Superintendent of Education and
9the General Assembly concerning the assessments.
10    (k) The State Board of Education may adopt rules to
11implement this Section.
12(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15;
1399-185, eff. 1-1-16; revised 10-16-15.)
 
14    (105 ILCS 5/2-3.163)
15    Sec. 2-3.163. Prioritization of Urgency of Need for
16Services database.
17    (a) The General Assembly makes all of the following
18findings:
19        (1) The Department of Human Services maintains a
20    statewide database known as the Prioritization of Urgency
21    of Need for Services that records information about
22    individuals with developmental disabilities who are
23    potentially in need of services.
24        (2) The Department of Human Services uses the data on
25    Prioritization of Urgency of Need for Services to select

 

 

HB5540 Engrossed- 478 -LRB099 16003 AMC 40320 b

1    individuals for services as funding becomes available, to
2    develop proposals and materials for budgeting, and to plan
3    for future needs.
4        (3) Prioritization of Urgency of Need for Services is
5    available for children and adults with a developmental
6    disability who have an unmet service need anticipated in
7    the next 5 years.
8        (4) Prioritization of Urgency of Need for Services is
9    the first step toward getting developmental disabilities
10    services in this State. If individuals are not on the
11    Prioritization of Urgency of Need for Services waiting
12    list, they are not in queue for State developmental
13    disabilities services.
14        (5) Prioritization of Urgency of Need for Services may
15    be underutilized by children and their parents or guardians
16    due to lack of awareness or lack of information.
17    (b) The State Board of Education may work with school
18districts to inform all students with developmental
19disabilities and their parents or guardians about the
20Prioritization of Urgency of Need for Services database.
21    (c) Subject to appropriation, the Department of Human
22Services and State Board of Education shall develop and
23implement an online, computer-based training program for at
24least one designated employee in every public school in this
25State to educate him or her about the Prioritization of Urgency
26of Need for Services database and steps to be taken to ensure

 

 

HB5540 Engrossed- 479 -LRB099 16003 AMC 40320 b

1children and adolescents are enrolled. The training shall
2include instruction for at least one designated employee in
3every public school in contacting the appropriate
4developmental disabilities Independent Service Coordination
5agency to enroll children and adolescents in the database. At
6least one designated employee in every public school shall
7ensure the opportunity to enroll in the Prioritization of
8Urgency of Need for Services database is discussed during
9annual individualized education program (IEP) meetings for all
10children and adolescents believed to have a developmental
11disability.
12    (d) The State Board of Education, in consultation with the
13Department of Human Services, shall inform parents and
14guardians of students through school districts about the
15Prioritization of Urgency of Need for Services waiting list.
16(Source: P.A. 99-144, eff. 1-1-16.)
 
17    (105 ILCS 5/2-3.164)
18    (Section scheduled to be repealed on December 16, 2020)
19    Sec. 2-3.164 2-3.163. Attendance Commission.
20    (a) The Attendance Commission is created within the State
21Board of Education to study the issue of chronic absenteeism in
22this State and make recommendations for strategies to prevent
23chronic absenteeism. The Commission shall consist of all of the
24following members:
25        (1) The Director of the Department of Children and

 

 

HB5540 Engrossed- 480 -LRB099 16003 AMC 40320 b

1    Family Services or his or her designee.
2        (2) The Chairperson of the State Board of Education or
3    his or her designee.
4        (3) The Chairperson of the Board of Higher Education or
5    his or her designee.
6        (4) The Secretary of the Department of Human Services
7    or his or her designee.
8        (5) The Director of the Department of Public Health or
9    his or her designee.
10        (6) The Chairperson of the Illinois Community College
11    Board or his or her designee.
12        (7) The Chairperson of the State Charter School
13    Commission or his or her designee.
14        (8) An individual that deals with children's
15    disabilities, impairments, and social emotional issues,
16    appointed by the State Superintendent of Education.
17        (9) One member from each of the following
18    organizations, appointed by the State Superintendent of
19    Education:
20            (A) A non-profit organization that advocates for
21        students in temporary living situations.
22            (B) An Illinois-focused, non-profit organization
23        that advocates for the well-being of all children and
24        families in this State.
25            (C) An Illinois non-profit, anti-crime
26        organization of law enforcement that researches and

 

 

HB5540 Engrossed- 481 -LRB099 16003 AMC 40320 b

1        recommends early learning and youth development
2        strategies to reduce crime.
3            (D) An Illinois non-profit organization that
4        conducts community-organizing around family issues.
5            (E) A statewide professional teachers'
6        organization.
7            (F) A different statewide professional teachers'
8        organization.
9            (G) A professional teachers' organization in a
10        city having a population exceeding 500,000.
11            (H) An association representing school
12        administrators.
13            (I) An association representing school board
14        members.
15            (J) An association representing school principals.
16            (K) An association representing regional
17        superintendents of schools.
18            (L) An association representing parents.
19            (M) An association representing high school
20        districts.
21            (N) An association representing large unit
22        districts.
23            (O) An organization that advocates for healthier
24        school environments in Illinois.
25            (P) An organization that advocates for the health
26        and safety of Illinois youth and families by providing

 

 

HB5540 Engrossed- 482 -LRB099 16003 AMC 40320 b

1        capacity building services.
2            (Q) A statewide association of local philanthropic
3        organizations that advocates for effective
4        educational, health, and human service policies to
5        improve this State's communities.
6            (R) A statewide organization that advocates for
7        partnerships among schools, families, and the
8        community that provide access to support and remove
9        barriers to learning and development, using schools as
10        hubs.
11            (S) An organization representing statewide
12        programs actively involved in truancy intervention.
13    Attendance Commission members shall serve without
14compensation but shall be reimbursed for their travel expenses
15from appropriations to the State Board of Education available
16for that purpose and subject to the rules of the appropriate
17travel control board.
18    (b) The Attendance Commission shall meet initially at the
19call of the State Superintendent of Education. The members
20shall elect a chairperson at their initial meeting. Thereafter,
21the Attendance Commission shall meet at the call of the
22chairperson. The Attendance Commission shall hold hearings on a
23periodic basis to receive testimony from the public regarding
24attendance.
25    (c) The Attendance Commission shall identify strategies,
26mechanisms, and approaches to help parents, educators,

 

 

HB5540 Engrossed- 483 -LRB099 16003 AMC 40320 b

1principals, superintendents, and the State Board of Education
2address and prevent chronic absenteeism and shall recommend to
3the General Assembly and State Board of Education:
4        (1) a standard for attendance and chronic absenteeism,
5    defining attendance as a calculation of standard clock
6    hours in a day that equal a full day based on instructional
7    minutes for both a half day and a full day per learning
8    environment;
9        (2) mechanisms to improve data systems to monitor and
10    track chronic absenteeism across this State in a way that
11    identifies trends from prekindergarten through grade 12
12    and allows the identification of students who need
13    individualized chronic absenteeism prevention plans;
14        (3) mechanisms for reporting and accountability for
15    schools and districts across this State, including
16    creating multiple measure indexes for reporting;
17        (4) best practices for utilizing attendance and
18    chronic absenteeism data to create multi-tiered systems of
19    support and prevention that will result in students being
20    ready for college and career; and
21        (5) new initiatives and responses to ongoing
22    challenges presented by chronic absenteeism.
23    (d) The State Board of Education shall provide
24administrative support to the Commission. The Attendance
25Commission shall submit an annual report to the General
26Assembly and the State Board of Education no later than

 

 

HB5540 Engrossed- 484 -LRB099 16003 AMC 40320 b

1December 15 of each year.
2    (e) The Attendance Commission is abolished and this Section
3is repealed on December 16, 2020.
4(Source: P.A. 99-432, eff. 8-21-15; revised 10-5-15.)
 
5    (105 ILCS 5/2-3.165)
6    (Section scheduled to be repealed on June 1, 2016)
7    Sec. 2-3.165 2-3.163. Virtual education review committee.
8    (a) The State Superintendent of Education shall establish a
9review committee to review virtual education and course choice.
10The review committee shall consist of all of the following
11individuals appointed by the State Superintendent:
12        (1) One representative of the State Board of Education,
13    who shall serve as chairperson.
14        (2) One parent.
15        (3) One educator representing a statewide professional
16    teachers' organization.
17        (4) One educator representing a different statewide
18    professional teachers' organization.
19        (5) One educator representing a professional teachers'
20    organization in a city having a population exceeding
21    500,000.
22        (6) One school district administrator representing an
23    association that represents school administrators.
24        (7) One school principal representing an association
25    that represents school principals.

 

 

HB5540 Engrossed- 485 -LRB099 16003 AMC 40320 b

1        (8) One school board member representing an
2    association that represents school board members.
3        (9) One special education administrator representing
4    an association that represents special education
5    administrators.
6        (10) One representative of a school district in a city
7    having a population exceeding 500,000.
8        (11) One school principal representing an association
9    that represents school principals in a city having a
10    population exceeding 500,000.
11        (12) One representative of an education advocacy group
12    that works with parents.
13        (13) One representative of an education public policy
14    organization.
15        (14) One representative of an institution of higher
16    education.
17        (15) One representative of a virtual school in this
18    State.
19The review committee shall also consist of all of the following
20members appointed as follows:
21        (A) One member of the Senate appointed by the President
22    of the Senate.
23        (B) One member of the Senate appointed by the Minority
24    Leader of the Senate.
25        (C) One member of the House of Representatives
26    appointed by the Speaker of the House of Representatives.

 

 

HB5540 Engrossed- 486 -LRB099 16003 AMC 40320 b

1        (D) One member of the House of Representatives
2    appointed by the Minority Leader of the House of
3    Representatives.
4    Members of the review committee shall serve without
5compensation, but, subject to appropriation, members may be
6reimbursed for travel.
7    (b) The review committee shall meet at least 4 times, at
8the call of the chairperson, to review virtual education and
9course choice. This review shall include a discussion on
10virtual course access programs, including the ability of
11students to enroll in online coursework and access technology
12to complete courses. The review committee shall make
13recommendations on changes and improvements and provide best
14practices for virtual education and course choice in this
15State. The review committee shall determine funding mechanisms
16and district cost projections to administer course access
17programs.
18    (c) The State Board of Education shall provide
19administrative and other support to the review committee.
20    (d) The review committee shall report its findings and
21recommendations to the Governor and General Assembly no later
22than May 31, 2016. Upon filing its report, the review committee
23is dissolved.
24    (e) This Section is repealed on June 1, 2016.
25(Source: P.A. 99-442, eff. 8-21-15; revised 10-5-15.)
 

 

 

HB5540 Engrossed- 487 -LRB099 16003 AMC 40320 b

1    (105 ILCS 5/2-3.166)
2    Sec. 2-3.166 2-3.163. Youth suicide awareness and
3prevention.
4    (a) This Section may be referred to as Ann Marie's Law.
5    (b) The State Board of Education shall do both of the
6following:
7        (1) In consultation with a youth suicide prevention
8    organization operating in this State and organizations
9    representing school boards and school personnel, develop a
10    model youth suicide awareness and prevention policy that is
11    consistent with subsection (c) of this Section.
12        (2) Compile, develop, and post on its publicly
13    accessible Internet website both of the following, which
14    may include materials already publicly available:
15            (A) Recommended guidelines and educational
16        materials for training and professional development.
17            (B) Recommended resources and age-appropriate
18        educational materials on youth suicide awareness and
19        prevention.
20    (c) The model policy developed by the State Board of
21Education under subsection (b) of this Section and any policy
22adopted by a school board under subsection (d) of this Section
23shall include all of the following:
24        (1) A statement on youth suicide awareness and
25    prevention.
26        (2) Protocols for administering youth suicide

 

 

HB5540 Engrossed- 488 -LRB099 16003 AMC 40320 b

1    awareness and prevention education to staff and students.
2        (3) Methods of prevention, including procedures for
3    early identification and referral of students at risk of
4    suicide.
5        (4) Methods of intervention, including procedures that
6    address an emotional or mental health safety plan for
7    students identified as being at increased risk of suicide.
8        (5) Methods of responding to a student or staff suicide
9    or suicide attempt.
10        (6) Reporting procedures.
11        (7) Recommended resources on youth suicide awareness
12    and prevention programs, including current contact
13    information for such programs.
14    (d) Beginning with the 2015-2016 school year, each school
15board shall review and update its current suicide awareness and
16prevention policy to be consistent with subsection (c) of this
17Section or adopt an age-appropriate youth suicide awareness and
18prevention policy consistent with subsection (c) of this
19Section, inform each school district employee and the parent or
20legal guardian of each student enrolled in the school district
21of such policy, and post such policy on the school district's
22publicly accessible Internet website. The policy adopted by a
23school board under this subsection (d) may be based upon the
24model policy developed by the State Board of Education under
25subsection (b) of this Section.
26(Source: P.A. 99-443, eff. 8-21-15; revised 10-5-15.)
 

 

 

HB5540 Engrossed- 489 -LRB099 16003 AMC 40320 b

1    (105 ILCS 5/5-2.2)
2    Sec. 5-2.2. Designation of trustees; Township 36 North,
3Range 13 East. After the April 5, 2011 consolidated election,
4the trustees of schools in Township 36 North, Range 13 East
5shall no longer be elected pursuant to the provisions of
6Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any
7such trustees elected before such date may complete the term to
8which that trustee was elected, but shall not be succeeded by
9election. Instead, the board of education or board of school
10directors of each of the elementary and high school districts
11that are subject to the jurisdiction of Township 36 North,
12Range 13 East shall appoint one of the members to serve as
13trustee of schools. The trustees of schools shall be appointed
14by each board of education or board of school directors within
1560 days after the effective date of this amendatory Act of the
1697th General Assembly and shall reorganize within 30 days after
17all the trustees of schools have been appointed or within 30
18days after all the trustees of schools were due to have been
19appointed, whichever is sooner. Trustees of schools so
20appointed shall serve at the pleasure of the board of education
21or board of school directors appointing them, but in no event
22longer than 2 years unless reappointed.
23    A majority of members of the trustees of schools shall
24constitute a quorum for the transaction of business. The
25trustees shall organize by appointing one of their number

 

 

HB5540 Engrossed- 490 -LRB099 16003 AMC 40320 b

1president, who shall hold the office for 2 years. If the
2president is absent from any meeting, or refuses to perform any
3of the duties of the office, a president pro-tempore may be
4appointed. Trustees who serve on the board as a result of
5appointment or election at the time of the reorganization shall
6continue to serve as a member of the trustees of schools, with
7no greater or lesser lessor authority than any other trustee,
8until such time as their elected term expires.
9    Each trustee of schools appointed by a board of education
10or board of school directors shall be entitled to
11indemnification and protection against claims and suits by the
12board that appointed that trustee of schools for acts or
13omissions as a trustee of schools in the same manner and to the
14same extent as the trustee of schools is entitled to
15indemnification and protection for acts or omissions as a
16member of the board of education or board of school directors
17under Section 10-20.20 of this Code.
18(Source: P.A. 97-631, eff. 12-8-11; revised 10-15-15.)
 
19    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
20    Sec. 10-17a. State, school district, and school report
21cards.
22    (1) By October 31, 2013 and October 31 of each subsequent
23school year, the State Board of Education, through the State
24Superintendent of Education, shall prepare a State report card,
25school district report cards, and school report cards, and

 

 

HB5540 Engrossed- 491 -LRB099 16003 AMC 40320 b

1shall by the most economic means provide to each school
2district in this State, including special charter districts and
3districts subject to the provisions of Article 34, the report
4cards for the school district and each of its schools.
5    (2) In addition to any information required by federal law,
6the State Superintendent shall determine the indicators and
7presentation of the school report card, which must include, at
8a minimum, the most current data possessed by the State Board
9of Education related to the following:
10        (A) school characteristics and student demographics,
11    including average class size, average teaching experience,
12    student racial/ethnic breakdown, and the percentage of
13    students classified as low-income; the percentage of
14    students classified as English learners; the percentage of
15    students who have individualized education plans or 504
16    plans that provide for special education services; the
17    percentage of students who annually transferred in or out
18    of the school district; the per-pupil operating
19    expenditure of the school district; and the per-pupil State
20    average operating expenditure for the district type
21    (elementary, high school, or unit);
22        (B) curriculum information, including, where
23    applicable, Advanced Placement, International
24    Baccalaureate or equivalent courses, dual enrollment
25    courses, foreign language classes, school personnel
26    resources (including Career Technical Education teachers),

 

 

HB5540 Engrossed- 492 -LRB099 16003 AMC 40320 b

1    before and after school programs, extracurricular
2    activities, subjects in which elective classes are
3    offered, health and wellness initiatives (including the
4    average number of days of Physical Education per week per
5    student), approved programs of study, awards received,
6    community partnerships, and special programs such as
7    programming for the gifted and talented, students with
8    disabilities, and work-study students;
9        (C) student outcomes, including, where applicable, the
10    percentage of students deemed proficient on assessments of
11    State standards, the percentage of students in the eighth
12    grade who pass Algebra, the percentage of students enrolled
13    in post-secondary institutions (including colleges,
14    universities, community colleges, trade/vocational
15    schools, and training programs leading to career
16    certification within 2 semesters of high school
17    graduation), the percentage of students graduating from
18    high school who are college and career ready, and the
19    percentage of graduates enrolled in community colleges,
20    colleges, and universities who are in one or more courses
21    that the community college, college, or university
22    identifies as a developmental course;
23        (D) student progress, including, where applicable, the
24    percentage of students in the ninth grade who have earned 5
25    credits or more without failing more than one core class, a
26    measure of students entering kindergarten ready to learn, a

 

 

HB5540 Engrossed- 493 -LRB099 16003 AMC 40320 b

1    measure of growth, and the percentage of students who enter
2    high school on track for college and career readiness;
3        (E) the school environment, including, where
4    applicable, the percentage of students with less than 10
5    absences in a school year, the percentage of teachers with
6    less than 10 absences in a school year for reasons other
7    than professional development, leaves taken pursuant to
8    the federal Family Medical Leave Act of 1993, long-term
9    disability, or parental leaves, the 3-year average of the
10    percentage of teachers returning to the school from the
11    previous year, the number of different principals at the
12    school in the last 6 years, 2 or more indicators from any
13    school climate survey selected or approved by the State and
14    administered pursuant to Section 2-3.153 of this Code, with
15    the same or similar indicators included on school report
16    cards for all surveys selected or approved by the State
17    pursuant to Section 2-3.153 of this Code, and the combined
18    percentage of teachers rated as proficient or excellent in
19    their most recent evaluation; and
20        (F) a school district's and its individual schools'
21    balanced accountability measure, in accordance with
22    Section 2-3.25a of this Code.
23    The school report card shall also provide information that
24allows for comparing the current outcome, progress, and
25environment data to the State average, to the school data from
26the past 5 years, and to the outcomes, progress, and

 

 

HB5540 Engrossed- 494 -LRB099 16003 AMC 40320 b

1environment of similar schools based on the type of school and
2enrollment of low-income students, special education students,
3and English learners.
4    (3) At the discretion of the State Superintendent, the
5school district report card shall include a subset of the
6information identified in paragraphs (A) through (E) of
7subsection (2) of this Section, as well as information relating
8to the operating expense per pupil and other finances of the
9school district, and the State report card shall include a
10subset of the information identified in paragraphs (A) through
11(E) of subsection (2) of this Section.
12    (4) Notwithstanding anything to the contrary in this
13Section, in consultation with key education stakeholders, the
14State Superintendent shall at any time have the discretion to
15amend or update any and all metrics on the school, district, or
16State report card.
17    (5) Annually, no more than 30 calendar days after receipt
18of the school district and school report cards from the State
19Superintendent of Education, each school district, including
20special charter districts and districts subject to the
21provisions of Article 34, shall present such report cards at a
22regular school board meeting subject to applicable notice
23requirements, post the report cards on the school district's
24Internet web site, if the district maintains an Internet web
25site, make the report cards available to a newspaper of general
26circulation serving the district, and, upon request, send the

 

 

HB5540 Engrossed- 495 -LRB099 16003 AMC 40320 b

1report cards home to a parent (unless the district does not
2maintain an Internet web site, in which case the report card
3shall be sent home to parents without request). If the district
4posts the report card on its Internet web site, the district
5shall send a written notice home to parents stating (i) that
6the report card is available on the web site, (ii) the address
7of the web site, (iii) that a printed copy of the report card
8will be sent to parents upon request, and (iv) the telephone
9number that parents may call to request a printed copy of the
10report card.
11    (6) Nothing contained in this amendatory Act of the 98th
12General Assembly repeals, supersedes, invalidates, or
13nullifies final decisions in lawsuits pending on the effective
14date of this amendatory Act of the 98th General Assembly in
15Illinois courts involving the interpretation of Public Act
1697-8.
17(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30,
18eff. 7-10-15; 99-193, eff. 7-30-15; revised 10-21-15.)
 
19    (105 ILCS 5/10-20.56)
20    Sec. 10-20.56. E-learning days.
21    (a) The State Board of Education shall establish and
22maintain, for implementation in selected school districts
23during the 2015-2016, 2016-2017, and 2017-2018 school years, a
24pilot program for use of electronic-learning (e-learning)
25days, as described in this Section. The State Superintendent of

 

 

HB5540 Engrossed- 496 -LRB099 16003 AMC 40320 b

1Education shall select up to 3 school districts for this
2program, at least one of which may be an elementary or unit
3school district. The use of e-learning days may not begin until
4the second semester of the 2015-2016 school year, and the pilot
5program shall conclude with the end of the 2017-2018 school
6year. On or before June 1, 2019, the State Board shall report
7its recommendation for expansion, revision, or discontinuation
8of the program to the Governor and General Assembly.
9    (b) The school board of a school district selected by the
10State Superintendent of Education under subsection (a) of this
11Section may, by resolution, adopt a research-based program or
12research-based programs for e-learning days district-wide that
13shall permit student instruction to be received electronically
14while students are not physically present in lieu of the
15district's scheduled emergency days as required by Section
1610-19 of this Code. The research-based program or programs may
17not exceed the minimum number of emergency days in the approved
18school calendar and must be submitted to the State
19Superintendent for approval on or before September 1st annually
20to ensure access for all students. The State Superintendent
21shall approve programs that ensure that the specific needs of
22all students are met, including special education students and
23English learners, and that all mandates are still met using the
24proposed research-based program. The e-learning program may
25utilize the Internet, telephones, texts, chat rooms, or other
26similar means of electronic communication for instruction and

 

 

HB5540 Engrossed- 497 -LRB099 16003 AMC 40320 b

1interaction between teachers and students that meet the needs
2of all learners.
3    (c) Before its adoption by a school board, a school
4district's initial proposal for an e-learning program or for
5renewal of such a program must be approved by the State Board
6of Education and shall follow a public hearing, at a regular or
7special meeting of the school board, in which the terms of the
8proposal must be substantially presented and an opportunity for
9allowing public comments must be provided. Notice of such
10public hearing must be provided at least 10 days prior to the
11hearing by:
12        (1) publication in a newspaper of general circulation
13    in the school district;
14        (2) written or electronic notice designed to reach the
15    parents or guardians of all students enrolled in the school
16    district; and
17        (3) written or electronic notice designed to reach any
18    exclusive collective bargaining representatives of school
19    district employees and all those employees not in a
20    collective bargaining unit.
21    (d) A proposal for an e-learning program must be timely
22approved by the State Board of Education if the requirements
23specified in this Section have been met and if, in the view of
24the State Board of Education, the proposal contains provisions
25designed to reasonably and practicably accomplish the
26following:

 

 

HB5540 Engrossed- 498 -LRB099 16003 AMC 40320 b

1        (1) to ensure and verify at least 5 clock hours of
2    instruction or school work for each student participating
3    in an e-learning day;
4        (2) to ensure access from home or other appropriate
5    remote facility for all students participating, including
6    computers, the Internet, and other forms of electronic
7    communication that must be utilized in the proposed
8    program;
9        (3) to ensure appropriate learning opportunities for
10    students with special needs;
11        (4) to monitor and verify each student's electronic
12    participation;
13        (5) to address the extent to which student
14    participation is within the student's control as to the
15    time, pace, and means of learning;
16        (6) to provide effective notice to students and their
17    parents or guardians of the use of particular days for
18    e-learning;
19        (7) to provide staff and students with adequate
20    training for e-learning days' participation;
21        (8) to ensure an opportunity for any collective
22    bargaining negotiations with representatives of the school
23    district's employees that would be legally required; and
24        (9) to review and revise the program as implemented to
25    address difficulties confronted.
26    The State Board of Education's approval of a school

 

 

HB5540 Engrossed- 499 -LRB099 16003 AMC 40320 b

1district's initial e-learning program and renewal of the
2e-learning program shall be for a term of 3 years.
3    (e) The State Board of Education may adopt rules governing
4its supervision and review of e-learning programs consistent
5with the provision of this Section. However, in the absence of
6such rules, school districts may submit proposals for State
7Board of Education consideration under the authority of this
8Section.
9(Source: P.A. 99-194, eff. 7-30-15.)
 
10    (105 ILCS 5/10-20.57)
11    Sec. 10-20.57 10-20.56. Carbon monoxide alarm required.
12    (a) In this Section:
13    "Approved carbon monoxide alarm" and "alarm" have the
14meaning ascribed to those terms in the Carbon Monoxide Alarm
15Detector Act.
16    "Carbon monoxide detector" and "detector" mean a device
17having a sensor that responds to carbon monoxide gas and that
18is connected to an alarm control unit and approved in
19accordance with rules adopted by the State Fire Marshal.
20    (b) A school board shall require that each school under its
21authority be equipped with approved carbon monoxide alarms or
22carbon monoxide detectors. The alarms must be powered as
23follows:
24        (1) For a school designed before January 1, 2016 (the
25    effective date of Public Act 99-470) this amendatory Act of

 

 

HB5540 Engrossed- 500 -LRB099 16003 AMC 40320 b

1    the 99th General Assembly, alarms powered by batteries are
2    permitted. In accordance with Section 17-2.11 of this Code,
3    alarms permanently powered by the building's electrical
4    system and monitored by any required fire alarm system are
5    also permitted. Fire prevention and safety tax levy
6    proceeds or bond proceeds may be used for alarms.
7        (2) For a school designed on or after January 1, 2016
8    (the effective date of Public Act 99-470) this amendatory
9    Act of the 99th General Assembly, alarms must be
10    permanently powered by the building's electrical system or
11    be an approved carbon monoxide detection system. An
12    installation required in this subdivision (2) must be
13    monitored by any required fire alarm system.
14    Alarms or detectors must be located within 20 feet of a
15carbon monoxide emitting device. Alarms or detectors must be in
16operating condition and be inspected annually. A school is
17exempt from the requirements of this Section if it does not
18have or is not close to any sources of carbon monoxide. A
19school must require plans, protocols, and procedures in
20response to the activation of a carbon monoxide alarm or carbon
21monoxide detection system.
22(Source: P.A. 99-470, eff. 1-1-16; revised 10-19-15.)
 
23    (105 ILCS 5/10-29)
24    Sec. 10-29. Remote educational programs.
25    (a) For purposes of this Section, "remote educational

 

 

HB5540 Engrossed- 501 -LRB099 16003 AMC 40320 b

1program" means an educational program delivered to students in
2the home or other location outside of a school building that
3meets all of the following criteria:
4        (1) A student may participate in the program only after
5    the school district, pursuant to adopted school board
6    policy, and a person authorized to enroll the student under
7    Section 10-20.12b of this Code determine that a remote
8    educational program will best serve the student's
9    individual learning needs. The adopted school board policy
10    shall include, but not be limited to, all of the following:
11            (A) Criteria for determining that a remote
12        educational program will best serve a student's
13        individual learning needs. The criteria must include
14        consideration of, at a minimum, a student's prior
15        attendance, disciplinary record, and academic history.
16            (B) Any limitations on the number of students or
17        grade levels that may participate in a remote
18        educational program.
19            (C) A description of the process that the school
20        district will use to approve participation in the
21        remote educational program. The process must include
22        without limitation a requirement that, for any student
23        who qualifies to receive services pursuant to the
24        federal Individuals with Disabilities Education
25        Improvement Act of 2004, the student's participation
26        in a remote educational program receive prior approval

 

 

HB5540 Engrossed- 502 -LRB099 16003 AMC 40320 b

1        from the student's individualized education program
2        team.
3            (D) A description of the process the school
4        district will use to develop and approve a written
5        remote educational plan that meets the requirements of
6        subdivision (5) of this subsection (a).
7            (E) A description of the system the school district
8        will establish to calculate the number of clock hours a
9        student is participating in instruction in accordance
10        with the remote educational program.
11            (F) A description of the process for renewing a
12        remote educational program at the expiration of its
13        term.
14            (G) Such other terms and provisions as the school
15        district deems necessary to provide for the
16        establishment and delivery of a remote educational
17        program.
18        (2) The school district has determined that the remote
19    educational program's curriculum is aligned to State
20    learning standards and that the program offers instruction
21    and educational experiences consistent with those given to
22    students at the same grade level in the district.
23        (3) The remote educational program is delivered by
24    instructors that meet the following qualifications:
25            (A) they are certificated under Article 21 of this
26        Code;

 

 

HB5540 Engrossed- 503 -LRB099 16003 AMC 40320 b

1            (B) they meet applicable highly qualified criteria
2        under the federal No Child Left Behind Act of 2001; and
3            (C) they have responsibility for all of the
4        following elements of the program: planning
5        instruction, diagnosing learning needs, prescribing
6        content delivery through class activities, assessing
7        learning, reporting outcomes to administrators and
8        parents and guardians, and evaluating the effects of
9        instruction.
10        (4) During the period of time from and including the
11    opening date to the closing date of the regular school term
12    of the school district established pursuant to Section
13    10-19 of this Code, participation in a remote educational
14    program may be claimed for general State aid purposes under
15    Section 18-8.05 of this Code on any calendar day,
16    notwithstanding whether the day is a day of pupil
17    attendance or institute day on the school district's
18    calendar or any other provision of law restricting
19    instruction on that day. If the district holds year-round
20    classes in some buildings, the district shall classify each
21    student's participation in a remote educational program as
22    either on a year-round or a non-year-round schedule for
23    purposes of claiming general State aid. Outside of the
24    regular school term of the district, the remote educational
25    program may be offered as part of any summer school program
26    authorized by this Code.

 

 

HB5540 Engrossed- 504 -LRB099 16003 AMC 40320 b

1        (5) Each student participating in a remote educational
2    program must have a written remote educational plan that
3    has been approved by the school district and a person
4    authorized to enroll the student under Section 10-20.12b of
5    this Code. The school district and a person authorized to
6    enroll the student under Section 10-20.12b of this Code
7    must approve any amendment to a remote educational plan.
8    The remote educational plan must include, but is not
9    limited to, all of the following:
10            (A) Specific achievement goals for the student
11        aligned to State learning standards.
12            (B) A description of all assessments that will be
13        used to measure student progress, which description
14        shall indicate the assessments that will be
15        administered at an attendance center within the school
16        district.
17            (C) A description of the progress reports that will
18        be provided to the school district and the person or
19        persons authorized to enroll the student under Section
20        10-20.12b of this Code.
21            (D) Expectations, processes, and schedules for
22        interaction between a teacher and student.
23            (E) A description of the specific responsibilities
24        of the student's family and the school district with
25        respect to equipment, materials, phone and Internet
26        service, and any other requirements applicable to the

 

 

HB5540 Engrossed- 505 -LRB099 16003 AMC 40320 b

1        home or other location outside of a school building
2        necessary for the delivery of the remote educational
3        program.
4            (F) If applicable, a description of how the remote
5        educational program will be delivered in a manner
6        consistent with the student's individualized education
7        program required by Section 614(d) of the federal
8        Individuals with Disabilities Education Improvement
9        Act of 2004 or plan to ensure compliance with Section
10        504 of the federal Rehabilitation Act of 1973.
11            (G) A description of the procedures and
12        opportunities for participation in academic and
13        extra-curricular activities and programs within the
14        school district.
15            (H) The identification of a parent, guardian, or
16        other responsible adult who will provide direct
17        supervision of the program. The plan must include an
18        acknowledgment by the parent, guardian, or other
19        responsible adult that he or she may engage only in
20        non-teaching duties not requiring instructional
21        judgment or the evaluation of a student. The plan shall
22        designate the parent, guardian, or other responsible
23        adult as non-teaching personnel or volunteer personnel
24        under subsection (a) of Section 10-22.34 of this Code.
25            (I) The identification of a school district
26        administrator who will oversee the remote educational

 

 

HB5540 Engrossed- 506 -LRB099 16003 AMC 40320 b

1        program on behalf of the school district and who may be
2        contacted by the student's parents with respect to any
3        issues or concerns with the program.
4            (J) The term of the student's participation in the
5        remote educational program, which may not extend for
6        longer than 12 months, unless the term is renewed by
7        the district in accordance with subdivision (7) of this
8        subsection (a).
9            (K) A description of the specific location or
10        locations in which the program will be delivered. If
11        the remote educational program is to be delivered to a
12        student in any location other than the student's home,
13        the plan must include a written determination by the
14        school district that the location will provide a
15        learning environment appropriate for the delivery of
16        the program. The location or locations in which the
17        program will be delivered shall be deemed a long
18        distance teaching reception area under subsection (a)
19        of Section 10-22.34 of this Code.
20            (L) Certification by the school district that the
21        plan meets all other requirements of this Section.
22        (6) Students participating in a remote educational
23    program must be enrolled in a school district attendance
24    center pursuant to the school district's enrollment policy
25    or policies. A student participating in a remote
26    educational program must be tested as part of all

 

 

HB5540 Engrossed- 507 -LRB099 16003 AMC 40320 b

1    assessments administered by the school district pursuant
2    to Section 2-3.64a-5 of this Code at the attendance center
3    in which the student is enrolled and in accordance with the
4    attendance center's assessment policies and schedule. The
5    student must be included within all accountability
6    determinations for the school district and attendance
7    center under State and federal law.
8        (7) The term of a student's participation in a remote
9    educational program may not extend for longer than 12
10    months, unless the term is renewed by the school district.
11    The district may only renew a student's participation in a
12    remote educational program following an evaluation of the
13    student's progress in the program, a determination that the
14    student's continuation in the program will best serve the
15    student's individual learning needs, and an amendment to
16    the student's written remote educational plan addressing
17    any changes for the upcoming term of the program.
18    For purposes of this Section, a remote educational program
19does not include instruction delivered to students through an
20e-learning program approved under Section 10-20.56 of this
21Code.
22    (b) A school district may, by resolution of its school
23board, establish a remote educational program.
24    (c) Clock hours of instruction by students in a remote
25educational program meeting the requirements of this Section
26may be claimed by the school district and shall be counted as

 

 

HB5540 Engrossed- 508 -LRB099 16003 AMC 40320 b

1school work for general State aid purposes in accordance with
2and subject to the limitations of Section 18-8.05 of this Code.
3    (d) The impact of remote educational programs on wages,
4hours, and terms and conditions of employment of educational
5employees within the school district shall be subject to local
6collective bargaining agreements.
7    (e) The use of a home or other location outside of a school
8building for a remote educational program shall not cause the
9home or other location to be deemed a public school facility.
10    (f) A remote educational program may be used, but is not
11required, for instruction delivered to a student in the home or
12other location outside of a school building that is not claimed
13for general State aid purposes under Section 18-8.05 of this
14Code.
15    (g) School districts that, pursuant to this Section, adopt
16a policy for a remote educational program must submit to the
17State Board of Education a copy of the policy and any
18amendments thereto, as well as data on student participation in
19a format specified by the State Board of Education. The State
20Board of Education may perform or contract with an outside
21entity to perform an evaluation of remote educational programs
22in this State.
23    (h) The State Board of Education may adopt any rules
24necessary to ensure compliance by remote educational programs
25with the requirements of this Section and other applicable
26legal requirements.

 

 

HB5540 Engrossed- 509 -LRB099 16003 AMC 40320 b

1(Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15;
299-194, eff. 7-30-15; revised 10-9-15.)
 
3    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
4    Sec. 14-8.02. Identification, Evaluation and Placement of
5Children.
6    (a) The State Board of Education shall make rules under
7which local school boards shall determine the eligibility of
8children to receive special education. Such rules shall ensure
9that a free appropriate public education be available to all
10children with disabilities as defined in Section 14-1.02. The
11State Board of Education shall require local school districts
12to administer non-discriminatory procedures or tests to
13English learners coming from homes in which a language other
14than English is used to determine their eligibility to receive
15special education. The placement of low English proficiency
16students in special education programs and facilities shall be
17made in accordance with the test results reflecting the
18student's linguistic, cultural and special education needs.
19For purposes of determining the eligibility of children the
20State Board of Education shall include in the rules definitions
21of "case study", "staff conference", "individualized
22educational program", and "qualified specialist" appropriate
23to each category of children with disabilities as defined in
24this Article. For purposes of determining the eligibility of
25children from homes in which a language other than English is

 

 

HB5540 Engrossed- 510 -LRB099 16003 AMC 40320 b

1used, the State Board of Education shall include in the rules
2definitions for "qualified bilingual specialists" and
3"linguistically and culturally appropriate individualized
4educational programs". For purposes of this Section, as well as
5Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
6"parent" means a parent as defined in the federal Individuals
7with Disabilities Education Act (20 U.S.C. 1401(23)).
8    (b) No child shall be eligible for special education
9facilities except with a carefully completed case study fully
10reviewed by professional personnel in a multidisciplinary
11staff conference and only upon the recommendation of qualified
12specialists or a qualified bilingual specialist, if available.
13At the conclusion of the multidisciplinary staff conference,
14the parent of the child shall be given a copy of the
15multidisciplinary conference summary report and
16recommendations, which includes options considered, and be
17informed of their right to obtain an independent educational
18evaluation if they disagree with the evaluation findings
19conducted or obtained by the school district. If the school
20district's evaluation is shown to be inappropriate, the school
21district shall reimburse the parent for the cost of the
22independent evaluation. The State Board of Education shall,
23with advice from the State Advisory Council on Education of
24Children with Disabilities on the inclusion of specific
25independent educational evaluators, prepare a list of
26suggested independent educational evaluators. The State Board

 

 

HB5540 Engrossed- 511 -LRB099 16003 AMC 40320 b

1of Education shall include on the list clinical psychologists
2licensed pursuant to the Clinical Psychologist Licensing Act.
3Such psychologists shall not be paid fees in excess of the
4amount that would be received by a school psychologist for
5performing the same services. The State Board of Education
6shall supply school districts with such list and make the list
7available to parents at their request. School districts shall
8make the list available to parents at the time they are
9informed of their right to obtain an independent educational
10evaluation. However, the school district may initiate an
11impartial due process hearing under this Section within 5 days
12of any written parent request for an independent educational
13evaluation to show that its evaluation is appropriate. If the
14final decision is that the evaluation is appropriate, the
15parent still has a right to an independent educational
16evaluation, but not at public expense. An independent
17educational evaluation at public expense must be completed
18within 30 days of a parent written request unless the school
19district initiates an impartial due process hearing or the
20parent or school district offers reasonable grounds to show
21that such 30 day time period should be extended. If the due
22process hearing decision indicates that the parent is entitled
23to an independent educational evaluation, it must be completed
24within 30 days of the decision unless the parent or the school
25district offers reasonable grounds to show that such 30 day
26period should be extended. If a parent disagrees with the

 

 

HB5540 Engrossed- 512 -LRB099 16003 AMC 40320 b

1summary report or recommendations of the multidisciplinary
2conference or the findings of any educational evaluation which
3results therefrom, the school district shall not proceed with a
4placement based upon such evaluation and the child shall remain
5in his or her regular classroom setting. No child shall be
6eligible for admission to a special class for children with a
7mental disability who are educable or for children with a
8mental disability who are trainable except with a psychological
9evaluation and recommendation by a school psychologist.
10Consent shall be obtained from the parent of a child before any
11evaluation is conducted. If consent is not given by the parent
12or if the parent disagrees with the findings of the evaluation,
13then the school district may initiate an impartial due process
14hearing under this Section. The school district may evaluate
15the child if that is the decision resulting from the impartial
16due process hearing and the decision is not appealed or if the
17decision is affirmed on appeal. The determination of
18eligibility shall be made and the IEP meeting shall be
19completed within 60 school days from the date of written
20parental consent. In those instances when written parental
21consent is obtained with fewer than 60 pupil attendance days
22left in the school year, the eligibility determination shall be
23made and the IEP meeting shall be completed prior to the first
24day of the following school year. Special education and related
25services must be provided in accordance with the student's IEP
26no later than 10 school attendance days after notice is

 

 

HB5540 Engrossed- 513 -LRB099 16003 AMC 40320 b

1provided to the parents pursuant to Section 300.503 of Title 34
2of the Code of Federal Regulations and implementing rules
3adopted by the State Board of Education. The appropriate
4program pursuant to the individualized educational program of
5students whose native tongue is a language other than English
6shall reflect the special education, cultural and linguistic
7needs. No later than September 1, 1993, the State Board of
8Education shall establish standards for the development,
9implementation and monitoring of appropriate bilingual special
10individualized educational programs. The State Board of
11Education shall further incorporate appropriate monitoring
12procedures to verify implementation of these standards. The
13district shall indicate to the parent and the State Board of
14Education the nature of the services the child will receive for
15the regular school term while waiting placement in the
16appropriate special education class.
17    If the child is deaf, hard of hearing, blind, or visually
18impaired and he or she might be eligible to receive services
19from the Illinois School for the Deaf or the Illinois School
20for the Visually Impaired, the school district shall notify the
21parents, in writing, of the existence of these schools and the
22services they provide and shall make a reasonable effort to
23inform the parents of the existence of other, local schools
24that provide similar services and the services that these other
25schools provide. This notification shall include without
26limitation information on school services, school admissions

 

 

HB5540 Engrossed- 514 -LRB099 16003 AMC 40320 b

1criteria, and school contact information.
2    In the development of the individualized education program
3for a student who has a disability on the autism spectrum
4(which includes autistic disorder, Asperger's disorder,
5pervasive developmental disorder not otherwise specified,
6childhood disintegrative disorder, and Rett Syndrome, as
7defined in the Diagnostic and Statistical Manual of Mental
8Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
9consider all of the following factors:
10        (1) The verbal and nonverbal communication needs of the
11    child.
12        (2) The need to develop social interaction skills and
13    proficiencies.
14        (3) The needs resulting from the child's unusual
15    responses to sensory experiences.
16        (4) The needs resulting from resistance to
17    environmental change or change in daily routines.
18        (5) The needs resulting from engagement in repetitive
19    activities and stereotyped movements.
20        (6) The need for any positive behavioral
21    interventions, strategies, and supports to address any
22    behavioral difficulties resulting from autism spectrum
23    disorder.
24        (7) Other needs resulting from the child's disability
25    that impact progress in the general curriculum, including
26    social and emotional development.

 

 

HB5540 Engrossed- 515 -LRB099 16003 AMC 40320 b

1Public Act 95-257 does not create any new entitlement to a
2service, program, or benefit, but must not affect any
3entitlement to a service, program, or benefit created by any
4other law.
5    If the student may be eligible to participate in the
6Home-Based Support Services Program for Adults with Mental
7Disabilities authorized under the Developmental Disability and
8Mental Disability Services Act upon becoming an adult, the
9student's individualized education program shall include plans
10for (i) determining the student's eligibility for those
11home-based services, (ii) enrolling the student in the program
12of home-based services, and (iii) developing a plan for the
13student's most effective use of the home-based services after
14the student becomes an adult and no longer receives special
15educational services under this Article. The plans developed
16under this paragraph shall include specific actions to be taken
17by specified individuals, agencies, or officials.
18    (c) In the development of the individualized education
19program for a student who is functionally blind, it shall be
20presumed that proficiency in Braille reading and writing is
21essential for the student's satisfactory educational progress.
22For purposes of this subsection, the State Board of Education
23shall determine the criteria for a student to be classified as
24functionally blind. Students who are not currently identified
25as functionally blind who are also entitled to Braille
26instruction include: (i) those whose vision loss is so severe

 

 

HB5540 Engrossed- 516 -LRB099 16003 AMC 40320 b

1that they are unable to read and write at a level comparable to
2their peers solely through the use of vision, and (ii) those
3who show evidence of progressive vision loss that may result in
4functional blindness. Each student who is functionally blind
5shall be entitled to Braille reading and writing instruction
6that is sufficient to enable the student to communicate with
7the same level of proficiency as other students of comparable
8ability. Instruction should be provided to the extent that the
9student is physically and cognitively able to use Braille.
10Braille instruction may be used in combination with other
11special education services appropriate to the student's
12educational needs. The assessment of each student who is
13functionally blind for the purpose of developing the student's
14individualized education program shall include documentation
15of the student's strengths and weaknesses in Braille skills.
16Each person assisting in the development of the individualized
17education program for a student who is functionally blind shall
18receive information describing the benefits of Braille
19instruction. The individualized education program for each
20student who is functionally blind shall specify the appropriate
21learning medium or media based on the assessment report.
22    (d) To the maximum extent appropriate, the placement shall
23provide the child with the opportunity to be educated with
24children who do not have a disability; provided that children
25with disabilities who are recommended to be placed into regular
26education classrooms are provided with supplementary services

 

 

HB5540 Engrossed- 517 -LRB099 16003 AMC 40320 b

1to assist the children with disabilities to benefit from the
2regular classroom instruction and are included on the teacher's
3regular education class register. Subject to the limitation of
4the preceding sentence, placement in special classes, separate
5schools or other removal of the child with a disability from
6the regular educational environment shall occur only when the
7nature of the severity of the disability is such that education
8in the regular classes with the use of supplementary aids and
9services cannot be achieved satisfactorily. The placement of
10English learners with disabilities shall be in non-restrictive
11environments which provide for integration with peers who do
12not have disabilities in bilingual classrooms. Annually, each
13January, school districts shall report data on students from
14non-English speaking backgrounds receiving special education
15and related services in public and private facilities as
16prescribed in Section 2-3.30. If there is a disagreement
17between parties involved regarding the special education
18placement of any child, either in-state or out-of-state, the
19placement is subject to impartial due process procedures
20described in Article 10 of the Rules and Regulations to Govern
21the Administration and Operation of Special Education.
22    (e) No child who comes from a home in which a language
23other than English is the principal language used may be
24assigned to any class or program under this Article until he
25has been given, in the principal language used by the child and
26used in his home, tests reasonably related to his cultural

 

 

HB5540 Engrossed- 518 -LRB099 16003 AMC 40320 b

1environment. All testing and evaluation materials and
2procedures utilized for evaluation and placement shall not be
3linguistically, racially or culturally discriminatory.
4    (f) Nothing in this Article shall be construed to require
5any child to undergo any physical examination or medical
6treatment whose parents object thereto on the grounds that such
7examination or treatment conflicts with his religious beliefs.
8    (g) School boards or their designee shall provide to the
9parents of a child prior written notice of any decision (a)
10proposing to initiate or change, or (b) refusing to initiate or
11change, the identification, evaluation, or educational
12placement of the child or the provision of a free appropriate
13public education to their child, and the reasons therefor. Such
14written notification shall also inform the parent of the
15opportunity to present complaints with respect to any matter
16relating to the educational placement of the student, or the
17provision of a free appropriate public education and to have an
18impartial due process hearing on the complaint. The notice
19shall inform the parents in the parents' native language,
20unless it is clearly not feasible to do so, of their rights and
21all procedures available pursuant to this Act and the federal
22Individuals with Disabilities Education Improvement Act of
232004 (Public Law 108-446); it shall be the responsibility of
24the State Superintendent to develop uniform notices setting
25forth the procedures available under this Act and the federal
26Individuals with Disabilities Education Improvement Act of

 

 

HB5540 Engrossed- 519 -LRB099 16003 AMC 40320 b

12004 (Public Law 108-446) to be used by all school boards. The
2notice shall also inform the parents of the availability upon
3request of a list of free or low-cost legal and other relevant
4services available locally to assist parents in initiating an
5impartial due process hearing. Any parent who is deaf, or does
6not normally communicate using spoken English, who
7participates in a meeting with a representative of a local
8educational agency for the purposes of developing an
9individualized educational program shall be entitled to the
10services of an interpreter.
11    (g-5) For purposes of this subsection (g-5), "qualified
12professional" means an individual who holds credentials to
13evaluate the child in the domain or domains for which an
14evaluation is sought or an intern working under the direct
15supervision of a qualified professional, including a master's
16or doctoral degree candidate.
17    To ensure that a parent can participate fully and
18effectively with school personnel in the development of
19appropriate educational and related services for his or her
20child, the parent, an independent educational evaluator, or a
21qualified professional retained by or on behalf of a parent or
22child must be afforded reasonable access to educational
23facilities, personnel, classrooms, and buildings and to the
24child as provided in this subsection (g-5). The requirements of
25this subsection (g-5) apply to any public school facility,
26building, or program and to any facility, building, or program

 

 

HB5540 Engrossed- 520 -LRB099 16003 AMC 40320 b

1supported in whole or in part by public funds. Prior to
2visiting a school, school building, or school facility, the
3parent, independent educational evaluator, or qualified
4professional may be required by the school district to inform
5the building principal or supervisor in writing of the proposed
6visit, the purpose of the visit, and the approximate duration
7of the visit. The visitor and the school district shall arrange
8the visit or visits at times that are mutually agreeable.
9Visitors shall comply with school safety, security, and
10visitation policies at all times. School district visitation
11policies must not conflict with this subsection (g-5). Visitors
12shall be required to comply with the requirements of applicable
13privacy laws, including those laws protecting the
14confidentiality of education records such as the federal Family
15Educational Rights and Privacy Act and the Illinois School
16Student Records Act. The visitor shall not disrupt the
17educational process.
18        (1) A parent must be afforded reasonable access of
19    sufficient duration and scope for the purpose of observing
20    his or her child in the child's current educational
21    placement, services, or program or for the purpose of
22    visiting an educational placement or program proposed for
23    the child.
24        (2) An independent educational evaluator or a
25    qualified professional retained by or on behalf of a parent
26    or child must be afforded reasonable access of sufficient

 

 

HB5540 Engrossed- 521 -LRB099 16003 AMC 40320 b

1    duration and scope for the purpose of conducting an
2    evaluation of the child, the child's performance, the
3    child's current educational program, placement, services,
4    or environment, or any educational program, placement,
5    services, or environment proposed for the child, including
6    interviews of educational personnel, child observations,
7    assessments, tests or assessments of the child's
8    educational program, services, or placement or of any
9    proposed educational program, services, or placement. If
10    one or more interviews of school personnel are part of the
11    evaluation, the interviews must be conducted at a mutually
12    agreed upon time, date, and place that do not interfere
13    with the school employee's school duties. The school
14    district may limit interviews to personnel having
15    information relevant to the child's current educational
16    services, program, or placement or to a proposed
17    educational service, program, or placement.
18    (h) (Blank).
19    (i) (Blank).
20    (j) (Blank).
21    (k) (Blank).
22    (l) (Blank).
23    (m) (Blank).
24    (n) (Blank).
25    (o) (Blank).
26(Source: P.A. 98-219, eff. 8-9-13; 99-30, eff. 7-10-15; 99-143,

 

 

HB5540 Engrossed- 522 -LRB099 16003 AMC 40320 b

1eff. 7-27-15; revised 10-21-15.)
 
2    (105 ILCS 5/19-1)
3    Sec. 19-1. Debt limitations of school districts.
4    (a) School districts shall not be subject to the provisions
5limiting their indebtedness prescribed in the Local Government
6Debt Limitation Act "An Act to limit the indebtedness of
7counties having a population of less than 500,000 and
8townships, school districts and other municipal corporations
9having a population of less than 300,000", approved February
1015, 1928, as amended.
11    No school districts maintaining grades K through 8 or 9
12through 12 shall become indebted in any manner or for any
13purpose to an amount, including existing indebtedness, in the
14aggregate exceeding 6.9% on the value of the taxable property
15therein to be ascertained by the last assessment for State and
16county taxes or, until January 1, 1983, if greater, the sum
17that is produced by multiplying the school district's 1978
18equalized assessed valuation by the debt limitation percentage
19in effect on January 1, 1979, previous to the incurring of such
20indebtedness.
21    No school districts maintaining grades K through 12 shall
22become indebted in any manner or for any purpose to an amount,
23including existing indebtedness, in the aggregate exceeding
2413.8% on the value of the taxable property therein to be
25ascertained by the last assessment for State and county taxes

 

 

HB5540 Engrossed- 523 -LRB099 16003 AMC 40320 b

1or, until January 1, 1983, if greater, the sum that is produced
2by multiplying the school district's 1978 equalized assessed
3valuation by the debt limitation percentage in effect on
4January 1, 1979, previous to the incurring of such
5indebtedness.
6    No partial elementary unit district, as defined in Article
711E of this Code, shall become indebted in any manner or for
8any purpose in an amount, including existing indebtedness, in
9the aggregate exceeding 6.9% of the value of the taxable
10property of the entire district, to be ascertained by the last
11assessment for State and county taxes, plus an amount,
12including existing indebtedness, in the aggregate exceeding
136.9% of the value of the taxable property of that portion of
14the district included in the elementary and high school
15classification, to be ascertained by the last assessment for
16State and county taxes. Moreover, no partial elementary unit
17district, as defined in Article 11E of this Code, shall become
18indebted on account of bonds issued by the district for high
19school purposes in the aggregate exceeding 6.9% of the value of
20the taxable property of the entire district, to be ascertained
21by the last assessment for State and county taxes, nor shall
22the district become indebted on account of bonds issued by the
23district for elementary purposes in the aggregate exceeding
246.9% of the value of the taxable property for that portion of
25the district included in the elementary and high school
26classification, to be ascertained by the last assessment for

 

 

HB5540 Engrossed- 524 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 525 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 526 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 527 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 528 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 529 -LRB099 16003 AMC 40320 b

1be issued in an amount or amounts, including existing
2indebtedness, in excess of any heretofore or hereafter imposed
3statutory limitation as to indebtedness:
4        (1) At the time of the sale of such bonds, the board of
5    education of the district shall have determined by
6    resolution that the enrollment of students in the district
7    is projected to increase by not less than 7% during each of
8    the next succeeding 2 school years.
9        (2) The board of education shall also determine by
10    resolution that the improvements to be financed with the
11    proceeds of the bonds are needed because of the projected
12    enrollment increases.
13        (3) The board of education shall also determine by
14    resolution that the projected increases in enrollment are
15    the result of improvements made or expected to be made to
16    passenger rail facilities located in the school district.
17    Notwithstanding the provisions of subsection (a) of this
18Section or of any other law, a school district that has availed
19itself of the provisions of this subsection (f) prior to July
2022, 2004 (the effective date of Public Act 93-799) may also
21issue bonds approved by referendum up to an amount, including
22existing indebtedness, not exceeding 25% of the equalized
23assessed value of the taxable property in the district if all
24of the conditions set forth in items (1), (2), and (3) of this
25subsection (f) are met.
26    (g) Notwithstanding the provisions of subsection (a) of

 

 

HB5540 Engrossed- 530 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 531 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 532 -LRB099 16003 AMC 40320 b

1    valuation for calendar year 1995 of less than $44,600,000;
2        (ii) The bonds are issued for the capital improvement,
3    renovation, rehabilitation, or replacement of existing
4    school buildings of the district, all of which existing
5    buildings were originally constructed not less than 80
6    years ago;
7        (iii) The voters of the district approve a proposition
8    for the issuance of the bonds at a referendum held after
9    December 31, 1996; and
10        (iv) The bonds are issued pursuant to Sections 19-2
11    through 19-7 of this Code.
12    (j) Notwithstanding any other provisions of this Section or
13the provisions of any other law, until January 1, 1999, a
14community unit school district maintaining grades K through 12
15may issue bonds up to an amount, including existing
16indebtedness, not exceeding 27% of the equalized assessed value
17of the taxable property in the district if all of the following
18conditions are met:
19        (i) The school district has an equalized assessed
20    valuation for calendar year 1995 of less than $140,000,000
21    and a best 3 months average daily attendance for the
22    1995-96 school year of at least 2,800;
23        (ii) The bonds are issued to purchase a site and build
24    and equip a new high school, and the school district's
25    existing high school was originally constructed not less
26    than 35 years prior to the sale of the bonds;

 

 

HB5540 Engrossed- 533 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 534 -LRB099 16003 AMC 40320 b

1    voting on the proposition to authorize that indebtedness;
2        (2) the additional indebtedness is for the purpose of
3    financing a multi-purpose room addition to the existing
4    high school;
5        (3) the additional indebtedness, together with the
6    existing indebtedness of the school district, shall not
7    exceed 17.4% of the value of the taxable property in the
8    school district, to be ascertained by the last assessment
9    for State and county taxes; and
10        (4) the bonds evidencing the additional indebtedness
11    are issued, if at all, within 120 days of August 14, 1998
12    (the effective date of Public Act 90-757) this amendatory
13    Act of 1998.
14    (l) Notwithstanding any other provisions of this Section or
15the provisions of any other law, until January 1, 2000, a
16school district maintaining grades kindergarten through 8 may
17issue bonds up to an amount, including existing indebtedness,
18not exceeding 15% of the equalized assessed value of the
19taxable property in the district if all of the following
20conditions are met:
21        (i) the district has an equalized assessed valuation
22    for calendar year 1996 of less than $10,000,000;
23        (ii) the bonds are issued for capital improvement,
24    renovation, rehabilitation, or replacement of one or more
25    school buildings of the district, which buildings were
26    originally constructed not less than 70 years ago;

 

 

HB5540 Engrossed- 535 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 536 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 537 -LRB099 16003 AMC 40320 b

1    Law.
2        (iii) The school district has exhausted its bonding
3    capacity or the unused bonding capacity of the district is
4    less than the amount certified by the Capital Development
5    Board to the district under Section 5-15 of the School
6    Construction Law as the dollar amount of the school
7    construction project's cost that the district will be
8    required to finance with non-grant funds in order to
9    receive a school construction project grant under the
10    School Construction Law.
11        (iv) The bonds are issued for a "school construction
12    project", as that term is defined in Section 5-5 of the
13    School Construction Law, in an amount that does not exceed
14    the dollar amount certified, as provided in paragraph (iii)
15    of this subsection (n), by the Capital Development Board to
16    the school district under Section 5-15 of the School
17    Construction Law.
18        (v) The voters of the district approve a proposition
19    for the issuance of the bonds at a referendum held after
20    the criteria specified in paragraphs (i) and (iii) of this
21    subsection (n) are met.
22        (vi) The bonds are issued pursuant to Sections 19-2
23    through 19-7 of the School Code.
24    (o) Notwithstanding any other provisions of this Section or
25the provisions of any other law, until November 1, 2007, a
26community unit school district maintaining grades K through 12

 

 

HB5540 Engrossed- 538 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 539 -LRB099 16003 AMC 40320 b

1equalized assessed value of the taxable property in the
2district if all of the following conditions are met:
3        (i) The school district has an equalized assessed
4    valuation for calendar year 2001 of at least $295,741,187
5    and a best 3 months' average daily attendance for the
6    2002-2003 school year of at least 2,394.
7        (ii) The bonds are issued to build and equip 3
8    elementary school buildings; build and equip one middle
9    school building; and alter, repair, improve, and equip all
10    existing school buildings in the district.
11        (iii) At the time of the sale of the bonds, the board
12    of education determines by resolution that the project is
13    needed because of expanding growth in the school district
14    and a projected enrollment increase.
15        (iv) The bonds are issued pursuant to Sections 19-2
16    through 19-7 of this Code.
17    (p-5) Notwithstanding any other provisions of this Section
18or the provisions of any other law, bonds issued by a community
19unit school district maintaining grades K through 12 shall not
20be considered indebtedness for purposes of any statutory
21limitation and may be issued in an amount or amounts, including
22existing indebtedness, in excess of any heretofore or hereafter
23imposed statutory limitation as to indebtedness, if all of the
24following conditions are met:
25        (i) For each of the 4 most recent years, residential
26    property comprises more than 80% of the equalized assessed

 

 

HB5540 Engrossed- 540 -LRB099 16003 AMC 40320 b

1    valuation of the district.
2        (ii) At least 2 school buildings that were constructed
3    40 or more years prior to the issuance of the bonds will be
4    demolished and will be replaced by new buildings or
5    additions to one or more existing buildings.
6        (iii) Voters of the district approve a proposition for
7    the issuance of the bonds at a regularly scheduled
8    election.
9        (iv) At the time of the sale of the bonds, the school
10    board determines by resolution that the new buildings or
11    building additions are needed because of an increase in
12    enrollment projected by the school board.
13        (v) The principal amount of the bonds, including
14    existing indebtedness, does not exceed 25% of the equalized
15    assessed value of the taxable property in the district.
16        (vi) The bonds are issued prior to January 1, 2007,
17    pursuant to Sections 19-2 through 19-7 of this Code.
18    (p-10) Notwithstanding any other provisions of this
19Section or the provisions of any other law, bonds issued by a
20community consolidated school district maintaining grades K
21through 8 shall not be considered indebtedness for purposes of
22any statutory limitation and may be issued in an amount or
23amounts, including existing indebtedness, in excess of any
24heretofore or hereafter imposed statutory limitation as to
25indebtedness, if all of the following conditions are met:
26        (i) For each of the 4 most recent years, residential

 

 

HB5540 Engrossed- 541 -LRB099 16003 AMC 40320 b

1    and farm property comprises more than 80% of the equalized
2    assessed valuation of the district.
3        (ii) The bond proceeds are to be used to acquire and
4    improve school sites and build and equip a school building.
5        (iii) Voters of the district approve a proposition for
6    the issuance of the bonds at a regularly scheduled
7    election.
8        (iv) At the time of the sale of the bonds, the school
9    board determines by resolution that the school sites and
10    building additions are needed because of an increase in
11    enrollment projected by the school board.
12        (v) The principal amount of the bonds, including
13    existing indebtedness, does not exceed 20% of the equalized
14    assessed value of the taxable property in the district.
15        (vi) The bonds are issued prior to January 1, 2007,
16    pursuant to Sections 19-2 through 19-7 of this Code.
17    (p-15) In addition to all other authority to issue bonds,
18the Oswego Community Unit School District Number 308 may issue
19bonds with an aggregate principal amount not to exceed
20$450,000,000, but only if all of the following conditions are
21met:
22        (i) The voters of the district have approved a
23    proposition for the bond issue at the general election held
24    on November 7, 2006.
25        (ii) At the time of the sale of the bonds, the school
26    board determines, by resolution, that: (A) the building and

 

 

HB5540 Engrossed- 542 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 543 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 544 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 545 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 546 -LRB099 16003 AMC 40320 b

1    Article.
2        (v) The proceeds of the bonds are used to accomplish
3    only those projects approved by the voters at an election
4    held in 2008.
5The debt incurred on any bonds issued under this subsection
6(p-30) shall not be considered indebtedness for purposes of any
7statutory debt limitation.
8    (p-35) In addition to all other authority to issue bonds,
9Prairie Hill Community Consolidated School District 133 may
10issue bonds with an aggregate principal amount not to exceed
11$13,900,000, but only if all of the following conditions are
12met:
13        (i) The voters of the district approved a proposition
14    for the bond issuance at an election held on April 17,
15    2007.
16        (ii) At the time of the sale of the bonds, the school
17    board determines, by resolution, that (A) the improvement
18    of the site of and the building and equipping of a school
19    building are required as a result of a projected increase
20    in the enrollment of students in the district and (B) the
21    repairing and equipping of the Prairie Hill Elementary
22    School building is required because of the age of that
23    school building.
24        (iii) The bonds are issued, in one or more bond
25    issuances, on or before December 31, 2011, but the
26    aggregate principal amount issued in all such bond

 

 

HB5540 Engrossed- 547 -LRB099 16003 AMC 40320 b

1    issuances combined must not exceed $13,900,000.
2        (iv) The bonds are issued in accordance with this
3    Article.
4        (v) The proceeds of the bonds are used to accomplish
5    only those projects approved by the voters at an election
6    held on April 17, 2007.
7The debt incurred on any bonds issued under this subsection
8(p-35) shall not be considered indebtedness for purposes of any
9statutory debt limitation.
10    (p-40) In addition to all other authority to issue bonds,
11Mascoutah Community Unit District 19 may issue bonds with an
12aggregate principal amount not to exceed $55,000,000, but only
13if all of the following conditions are met:
14        (1) The voters of the district approve a proposition
15    for the bond issuance at a regular election held on or
16    after November 4, 2008.
17        (2) At the time of the sale of the bonds, the school
18    board determines, by resolution, that (i) the building and
19    equipping of a new high school building is required as a
20    result of a projected increase in the enrollment of
21    students in the district and the age and condition of the
22    existing high school building, (ii) the existing high
23    school building will be demolished, and (iii) the sale of
24    bonds is authorized by statute that exempts the debt
25    incurred on the bonds from the district's statutory debt
26    limitation.

 

 

HB5540 Engrossed- 548 -LRB099 16003 AMC 40320 b

1        (3) The bonds are issued, in one or more bond
2    issuances, on or before December 31, 2011, but the
3    aggregate principal amount issued in all such bond
4    issuances combined must not exceed $55,000,000.
5        (4) The bonds are issued in accordance with this
6    Article.
7        (5) The proceeds of the bonds are used to accomplish
8    only those projects approved by the voters at a regular
9    election held on or after November 4, 2008.
10    The debt incurred on any bonds issued under this subsection
11(p-40) shall not be considered indebtedness for purposes of any
12statutory debt limitation.
13    (p-45) Notwithstanding the provisions of subsection (a) of
14this Section or of any other law, bonds issued pursuant to
15Section 19-3.5 of this Code shall not be considered
16indebtedness for purposes of any statutory limitation if the
17bonds are issued in an amount or amounts, including existing
18indebtedness of the school district, not in excess of 18.5% of
19the value of the taxable property in the district to be
20ascertained by the last assessment for State and county taxes.
21    (p-50) Notwithstanding the provisions of subsection (a) of
22this Section or of any other law, bonds issued pursuant to
23Section 19-3.10 of this Code shall not be considered
24indebtedness for purposes of any statutory limitation if the
25bonds are issued in an amount or amounts, including existing
26indebtedness of the school district, not in excess of 43% of

 

 

HB5540 Engrossed- 549 -LRB099 16003 AMC 40320 b

1the value of the taxable property in the district to be
2ascertained by the last assessment for State and county taxes.
3    (p-55) In addition to all other authority to issue bonds,
4Belle Valley School District 119 may issue bonds with an
5aggregate principal amount not to exceed $47,500,000, but only
6if all of the following conditions are met:
7        (1) The voters of the district approve a proposition
8    for the bond issuance at an election held on or after April
9    7, 2009.
10        (2) Prior to the issuance of the bonds, the school
11    board determines, by resolution, that (i) the building and
12    equipping of a new school building is required as a result
13    of mine subsidence in an existing school building and
14    because of the age and condition of another existing school
15    building and (ii) the issuance of bonds is authorized by
16    statute that exempts the debt incurred on the bonds from
17    the district's statutory debt limitation.
18        (3) The bonds are issued, in one or more bond
19    issuances, on or before March 31, 2014, but the aggregate
20    principal amount issued in all such bond issuances combined
21    must not exceed $47,500,000.
22        (4) The bonds are issued in accordance with this
23    Article.
24        (5) The proceeds of the bonds are used to accomplish
25    only those projects approved by the voters at an election
26    held on or after April 7, 2009.

 

 

HB5540 Engrossed- 550 -LRB099 16003 AMC 40320 b

1    The debt incurred on any bonds issued under this subsection
2(p-55) shall not be considered indebtedness for purposes of any
3statutory debt limitation. Bonds issued under this subsection
4(p-55) must mature within not to exceed 30 years from their
5date, notwithstanding any other law to the contrary.
6    (p-60) In addition to all other authority to issue bonds,
7Wilmington Community Unit School District Number 209-U may
8issue bonds with an aggregate principal amount not to exceed
9$2,285,000, but only if all of the following conditions are
10met:
11        (1) The proceeds of the bonds are used to accomplish
12    only those projects approved by the voters at the general
13    primary election held on March 21, 2006.
14        (2) Prior to the issuance of the bonds, the school
15    board determines, by resolution, that (i) the projects
16    approved by the voters were and are required because of the
17    age and condition of the school district's prior and
18    existing school buildings and (ii) the issuance of the
19    bonds is authorized by legislation that exempts the debt
20    incurred on the bonds from the district's statutory debt
21    limitation.
22        (3) The bonds are issued in one or more bond issuances
23    on or before March 1, 2011, but the aggregate principal
24    amount issued in all those bond issuances combined must not
25    exceed $2,285,000.
26        (4) The bonds are issued in accordance with this

 

 

HB5540 Engrossed- 551 -LRB099 16003 AMC 40320 b

1    Article.
2    The debt incurred on any bonds issued under this subsection
3(p-60) shall not be considered indebtedness for purposes of any
4statutory debt limitation.
5    (p-65) In addition to all other authority to issue bonds,
6West Washington County Community Unit School District 10 may
7issue bonds with an aggregate principal amount not to exceed
8$32,200,000 and maturing over a period not exceeding 25 years,
9but only if all of the following conditions are met:
10        (1) The voters of the district approve a proposition
11    for the bond issuance at an election held on or after
12    February 2, 2010.
13        (2) Prior to the issuance of the bonds, the school
14    board determines, by resolution, that (A) all or a portion
15    of the existing Okawville Junior/Senior High School
16    Building will be demolished; (B) the building and equipping
17    of a new school building to be attached to and the
18    alteration, repair, and equipping of the remaining portion
19    of the Okawville Junior/Senior High School Building is
20    required because of the age and current condition of that
21    school building; and (C) the issuance of bonds is
22    authorized by a statute that exempts the debt incurred on
23    the bonds from the district's statutory debt limitation.
24        (3) The bonds are issued, in one or more bond
25    issuances, on or before March 31, 2014, but the aggregate
26    principal amount issued in all such bond issuances combined

 

 

HB5540 Engrossed- 552 -LRB099 16003 AMC 40320 b

1    must not exceed $32,200,000.
2        (4) The bonds are issued in accordance with this
3    Article.
4        (5) The proceeds of the bonds are used to accomplish
5    only those projects approved by the voters at an election
6    held on or after February 2, 2010.
7    The debt incurred on any bonds issued under this subsection
8(p-65) shall not be considered indebtedness for purposes of any
9statutory debt limitation.
10    (p-70) In addition to all other authority to issue bonds,
11Cahokia Community Unit School District 187 may issue bonds with
12an aggregate principal amount not to exceed $50,000,000, but
13only if all the following conditions are met:
14        (1) The voters of the district approve a proposition
15    for the bond issuance at an election held on or after
16    November 2, 2010.
17        (2) Prior to the issuance of the bonds, the school
18    board determines, by resolution, that (i) the building and
19    equipping of a new school building is required as a result
20    of the age and condition of an existing school building and
21    (ii) the issuance of bonds is authorized by a statute that
22    exempts the debt incurred on the bonds from the district's
23    statutory debt limitation.
24        (3) The bonds are issued, in one or more issuances, on
25    or before July 1, 2016, but the aggregate principal amount
26    issued in all such bond issuances combined must not exceed

 

 

HB5540 Engrossed- 553 -LRB099 16003 AMC 40320 b

1    $50,000,000.
2        (4) The bonds are issued in accordance with this
3    Article.
4        (5) The proceeds of the bonds are used to accomplish
5    only those projects approved by the voters at an election
6    held on or after November 2, 2010.
7    The debt incurred on any bonds issued under this subsection
8(p-70) shall not be considered indebtedness for purposes of any
9statutory debt limitation. Bonds issued under this subsection
10(p-70) must mature within not to exceed 25 years from their
11date, notwithstanding any other law, including Section 19-3 of
12this Code, to the contrary.
13    (p-75) Notwithstanding the debt limitation prescribed in
14subsection (a) of this Section or any other provisions of this
15Section or of any other law, the execution of leases on or
16after January 1, 2007 and before July 1, 2011 by the Board of
17Education of Peoria School District 150 with a public building
18commission for leases entered into pursuant to the Public
19Building Commission Act shall not be considered indebtedness
20for purposes of any statutory debt limitation.
21    This subsection (p-75) applies only if the State Board of
22Education or the Capital Development Board makes one or more
23grants to Peoria School District 150 pursuant to the School
24Construction Law. The amount exempted from the debt limitation
25as prescribed in this subsection (p-75) shall be no greater
26than the amount of one or more grants awarded to Peoria School

 

 

HB5540 Engrossed- 554 -LRB099 16003 AMC 40320 b

1District 150 by the State Board of Education or the Capital
2Development Board.
3    (p-80) In addition to all other authority to issue bonds,
4Ridgeland School District 122 may issue bonds with an aggregate
5principal amount not to exceed $50,000,000 for the purpose of
6refunding or continuing to refund bonds originally issued
7pursuant to voter approval at the general election held on
8November 7, 2000, and the debt incurred on any bonds issued
9under this subsection (p-80) shall not be considered
10indebtedness for purposes of any statutory debt limitation.
11Bonds issued under this subsection (p-80) may be issued in one
12or more issuances and must mature within not to exceed 25 years
13from their date, notwithstanding any other law, including
14Section 19-3 of this Code, to the contrary.
15    (p-85) In addition to all other authority to issue bonds,
16Hall High School District 502 may issue bonds with an aggregate
17principal amount not to exceed $32,000,000, but only if all the
18following conditions are met:
19        (1) The voters of the district approve a proposition
20    for the bond issuance at an election held on or after April
21    9, 2013.
22        (2) Prior to the issuance of the bonds, the school
23    board determines, by resolution, that (i) the building and
24    equipping of a new school building is required as a result
25    of the age and condition of an existing school building,
26    (ii) the existing school building should be demolished in

 

 

HB5540 Engrossed- 555 -LRB099 16003 AMC 40320 b

1    its entirety or the existing school building should be
2    demolished except for the 1914 west wing of the building,
3    and (iii) the issuance of bonds is authorized by a statute
4    that exempts the debt incurred on the bonds from the
5    district's statutory debt limitation.
6        (3) The bonds are issued, in one or more issuances, not
7    later than 5 years after the date of the referendum
8    approving the issuance of the bonds, but the aggregate
9    principal amount issued in all such bond issuances combined
10    must not exceed $32,000,000.
11        (4) The bonds are issued in accordance with this
12    Article.
13        (5) The proceeds of the bonds are used to accomplish
14    only those projects approved by the voters at an election
15    held on or after April 9, 2013.
16    The debt incurred on any bonds issued under this subsection
17(p-85) shall not be considered indebtedness for purposes of any
18statutory debt limitation. Bonds issued under this subsection
19(p-85) must mature within not to exceed 30 years from their
20date, notwithstanding any other law, including Section 19-3 of
21this Code, to the contrary.
22    (p-90) In addition to all other authority to issue bonds,
23Lebanon Community Unit School District 9 may issue bonds with
24an aggregate principal amount not to exceed $7,500,000, but
25only if all of the following conditions are met:
26        (1) The voters of the district approved a proposition

 

 

HB5540 Engrossed- 556 -LRB099 16003 AMC 40320 b

1    for the bond issuance at the general primary election on
2    February 2, 2010.
3        (2) At or prior to the time of the sale of the bonds,
4    the school board determines, by resolution, that (i) the
5    building and equipping of a new elementary school building
6    is required as a result of a projected increase in the
7    enrollment of students in the district and the age and
8    condition of the existing Lebanon Elementary School
9    building, (ii) a portion of the existing Lebanon Elementary
10    School building will be demolished and the remaining
11    portion will be altered, repaired, and equipped, and (iii)
12    the sale of bonds is authorized by a statute that exempts
13    the debt incurred on the bonds from the district's
14    statutory debt limitation.
15        (3) The bonds are issued, in one or more bond
16    issuances, on or before April 1, 2014, but the aggregate
17    principal amount issued in all such bond issuances combined
18    must not exceed $7,500,000.
19        (4) The bonds are issued in accordance with this
20    Article.
21        (5) The proceeds of the bonds are used to accomplish
22    only those projects approved by the voters at the general
23    primary election held on February 2, 2010.
24    The debt incurred on any bonds issued under this subsection
25(p-90) shall not be considered indebtedness for purposes of any
26statutory debt limitation.

 

 

HB5540 Engrossed- 557 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 558 -LRB099 16003 AMC 40320 b

1(p-95) must mature within not to exceed 25 years from their
2date, notwithstanding any other law, including Section 19-3 of
3this Code, to the contrary.
4    (p-100) In addition to all other authority to issue bonds,
5the community unit school district created in the territory
6comprising Milford Community Consolidated School District 280
7and Milford Township High School District 233, as approved at
8the general primary election held on March 18, 2014, may issue
9bonds with an aggregate principal amount not to exceed
10$17,500,000, but only if all the following conditions are met:
11        (1) The voters of the district approve a proposition
12    for the bond issuance at an election held on or after
13    November 4, 2014.
14        (2) Prior to the issuance of the bonds, the school
15    board determines, by resolution, that (i) the building and
16    equipping of a new school building is required as a result
17    of the age and condition of an existing school building and
18    (ii) the issuance of bonds is authorized by a statute that
19    exempts the debt incurred on the bonds from the district's
20    statutory debt limitation.
21        (3) The bonds are issued, in one or more issuances, on
22    or before July 1, 2020, but the aggregate principal amount
23    issued in all such bond issuances combined must not exceed
24    $17,500,000.
25        (4) The bonds are issued in accordance with this
26    Article.

 

 

HB5540 Engrossed- 559 -LRB099 16003 AMC 40320 b

1        (5) The proceeds of the bonds are used to accomplish
2    only those projects approved by the voters at an election
3    held on or after November 4, 2014.
4    The debt incurred on any bonds issued under this subsection
5(p-100) shall not be considered indebtedness for purposes of
6any statutory debt limitation. Bonds issued under this
7subsection (p-100) must mature within not to exceed 25 years
8from their date, notwithstanding any other law, including
9Section 19-3 of this Code, to the contrary.
10    (p-105) In addition to all other authority to issue bonds,
11North Shore School District 112 may issue bonds with an
12aggregate principal amount not to exceed $150,000,000, but only
13if all of the following conditions are met:
14        (1) The voters of the district approve a proposition
15    for the bond issuance at an election held on or after March
16    15, 2016.
17        (2) Prior to the issuance of the bonds, the school
18    board determines, by resolution, that (i) the building and
19    equipping of new buildings and improving the sites thereof
20    and the building and equipping of additions to, altering,
21    repairing, equipping, and renovating existing buildings
22    and improving the sites thereof are required as a result of
23    the age and condition of the district's existing buildings
24    and (ii) the issuance of bonds is authorized by a statute
25    that exempts the debt incurred on the bonds from the
26    district's statutory debt limitation.

 

 

HB5540 Engrossed- 560 -LRB099 16003 AMC 40320 b

1        (3) The bonds are issued, in one or more issuances, not
2    later than 5 years after the date of the referendum
3    approving the issuance of the bonds, but the aggregate
4    principal amount issued in all such bond issuances combined
5    must not exceed $150,000,000.
6        (4) The bonds are issued in accordance with this
7    Article.
8        (5) The proceeds of the bonds are used to accomplish
9    only those projects approved by the voters at an election
10    held on or after March 15, 2016.
11    The debt incurred on any bonds issued under this subsection
12(p-105) and on any bonds issued to refund or continue to refund
13such bonds shall not be considered indebtedness for purposes of
14any statutory debt limitation. Bonds issued under this
15subsection (p-105) and any bonds issued to refund or continue
16to refund such bonds must mature within not to exceed 30 years
17from their date, notwithstanding any other law, including
18Section 19-3 of this Code, to the contrary.
19    (p-110) In addition to all other authority to issue bonds,
20Sandoval Community Unit School District 501 may issue bonds
21with an aggregate principal amount not to exceed $2,000,000,
22but only if all of the following conditions are met:
23        (1) The voters of the district approved a proposition
24    for the bond issuance at an election held on March 20,
25    2012.
26        (2) Prior to the issuance of the bonds, the school

 

 

HB5540 Engrossed- 561 -LRB099 16003 AMC 40320 b

1    board determines, by resolution, that (i) the building and
2    equipping of a new school building is required because of
3    the age and current condition of the Sandoval Elementary
4    School building and (ii) the issuance of bonds is
5    authorized by a statute that exempts the debt incurred on
6    the bonds from the district's statutory debt limitation.
7        (3) The bonds are issued, in one or more bond
8    issuances, on or before March 19, 2017, but the aggregate
9    principal amount issued in all such bond issuances combined
10    must not exceed $2,000,000.
11        (4) The bonds are issued in accordance with this
12    Article.
13        (5) The proceeds of the bonds are used to accomplish
14    only those projects approved by the voters at the election
15    held on March 20, 2012.
16    The debt incurred on any bonds issued under this subsection
17(p-110) shall not be considered indebtedness for purposes of
18any statutory debt limitation.
19    (q) A school district must notify the State Board of
20Education prior to issuing any form of long-term or short-term
21debt that will result in outstanding debt that exceeds 75% of
22the debt limit specified in this Section or any other provision
23of law.
24(Source: P.A. 98-617, eff. 1-7-14; 98-912, eff. 8-15-14;
2598-916, eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff.
267-27-15; 99-390, eff. 8-18-15; revised 10-13-15.)
 

 

 

HB5540 Engrossed- 562 -LRB099 16003 AMC 40320 b

1    (105 ILCS 5/21B-20)
2    Sec. 21B-20. Types of licenses. Before July 1, 2013, the
3State Board of Education shall implement a system of educator
4licensure, whereby individuals employed in school districts
5who are required to be licensed must have one of the following
6licenses: (i) a professional educator license; (ii) a
7professional educator license with stipulations; or (iii) a
8substitute teaching license. References in law regarding
9individuals certified or certificated or required to be
10certified or certificated under Article 21 of this Code shall
11also include individuals licensed or required to be licensed
12under this Article. The first year of all licenses ends on June
1330 following one full year of the license being issued.
14    The State Board of Education, in consultation with the
15State Educator Preparation and Licensure Board, may adopt such
16rules as may be necessary to govern the requirements for
17licenses and endorsements under this Section.
18        (1) Professional Educator License. Persons who (i)
19    have successfully completed an approved educator
20    preparation program and are recommended for licensure by
21    the Illinois institution offering the educator preparation
22    program, (ii) have successfully completed the required
23    testing under Section 21B-30 of this Code, (iii) have
24    successfully completed coursework on the psychology of,
25    the identification of, and the methods of instruction for

 

 

HB5540 Engrossed- 563 -LRB099 16003 AMC 40320 b

1    the exceptional child, including without limitation
2    children with learning disabilities, (iv) have
3    successfully completed coursework in methods of reading
4    and reading in the content area, and (v) have met all other
5    criteria established by rule of the State Board of
6    Education shall be issued a Professional Educator License.
7    All Professional Educator Licenses are valid until June 30
8    immediately following 5 years of the license being issued.
9    The Professional Educator License shall be endorsed with
10    specific areas and grade levels in which the individual is
11    eligible to practice.
12        Individuals can receive subsequent endorsements on the
13    Professional Educator License. Subsequent endorsements
14    shall require a minimum of 24 semester hours of coursework
15    in the endorsement area, unless otherwise specified by
16    rule, and passage of the applicable content area test.
17        (2) Educator License with Stipulations. An Educator
18    License with Stipulations shall be issued an endorsement
19    that limits the license holder to one particular position
20    or does not require completion of an approved educator
21    program or both.
22        An individual with an Educator License with
23    Stipulations must not be employed by a school district or
24    any other entity to replace any presently employed teacher
25    who otherwise would not be replaced for any reason.
26        An Educator License with Stipulations may be issued

 

 

HB5540 Engrossed- 564 -LRB099 16003 AMC 40320 b

1    with the following endorsements:
2            (A) Provisional educator. A provisional educator
3        endorsement in a specific content area or areas on an
4        Educator License with Stipulations may be issued to an
5        applicant who holds an educator license with a minimum
6        of 15 semester hours in content coursework from another
7        state, U.S. territory, or foreign country and who, at
8        the time of applying for an Illinois license, does not
9        meet the minimum requirements under Section 21B-35 of
10        this Code, but does, at a minimum, meet the following
11        requirements:
12                (i) Holds the equivalent of a minimum of a
13            bachelor's degree, unless a master's degree is
14            required for the endorsement, from a regionally
15            accredited college or university or, for
16            individuals educated in a country other than the
17            United States, the equivalent of a minimum of a
18            bachelor's degree issued in the United States,
19            unless a master's degree is required for the
20            endorsement.
21                (ii) Has passed or passes a test of basic
22            skills and content area test, as required by
23            Section 21B-30 of this Code, prior to or within one
24            year after issuance of the provisional educator
25            endorsement on the Educator License with
26            Stipulations. If an individual who holds an

 

 

HB5540 Engrossed- 565 -LRB099 16003 AMC 40320 b

1            Educator License with Stipulations endorsed for
2            provisional educator has not passed a test of basic
3            skills and applicable content area test or tests
4            within one year after issuance of the endorsement,
5            the endorsement shall expire on June 30 following
6            one full year of the endorsement being issued. If
7            such an individual has passed the test of basic
8            skills and applicable content area test or tests
9            either prior to issuance of the endorsement or
10            within one year after issuance of the endorsement,
11            the endorsement is valid until June 30 immediately
12            following 2 years of the license being issued,
13            during which time any and all coursework
14            deficiencies must be met and any and all additional
15            testing deficiencies must be met.
16        In addition, a provisional educator endorsement for
17        principals or superintendents may be issued if the
18        individual meets the requirements set forth in
19        subdivisions (1) and (3) of subsection (b-5) of Section
20        21B-35 of this Code. Applicants who have not been
21        entitled by an Illinois-approved educator preparation
22        program at an Illinois institution of higher education
23        shall not receive a provisional educator endorsement
24        if the person completed an alternative licensure
25        program in another state, unless the program has been
26        determined to be equivalent to Illinois program

 

 

HB5540 Engrossed- 566 -LRB099 16003 AMC 40320 b

1        requirements.
2            Notwithstanding any other requirements of this
3        Section, a service member or spouse of a service member
4        may obtain a Professional Educator License with
5        Stipulations, and a provisional educator endorsement
6        in a specific content area or areas, if he or she holds
7        a valid teaching certificate or license in good
8        standing from another state, meets the qualifications
9        of educators outlined in Section 21B-15 of this Code,
10        and has not engaged in any misconduct that would
11        prohibit an individual from obtaining a license
12        pursuant to Illinois law, including without limitation
13        any administrative rules of the State Board of
14        Education.
15            In this Section, "service member" means any person
16        who, at the time of application under this Section, is
17        an active duty member of the United States Armed Forces
18        or any reserve component of the United States Armed
19        Forces or the National Guard of any state,
20        commonwealth, or territory of the United States or the
21        District of Columbia.
22            A provisional educator endorsement is valid until
23        June 30 immediately following 2 years of the license
24        being issued, provided that any remaining testing and
25        coursework deficiencies are met as set forth in this
26        Section. Failure to satisfy all stated deficiencies

 

 

HB5540 Engrossed- 567 -LRB099 16003 AMC 40320 b

1        shall mean the individual, including any service
2        member or spouse who has obtained a Professional
3        Educator License with Stipulations and a provisional
4        educator endorsement in a specific content area or
5        areas, is ineligible to receive a Professional
6        Educator License at that time. An Educator License with
7        Stipulations endorsed for provisional educator shall
8        not be renewed for individuals who hold an Educator
9        License with Stipulations and who have held a position
10        in a public school or non-public school recognized by
11        the State Board of Education.
12            (B) Alternative provisional educator. An
13        alternative provisional educator endorsement on an
14        Educator License with Stipulations may be issued to an
15        applicant who, at the time of applying for the
16        endorsement, has done all of the following:
17                (i) Graduated from a regionally accredited
18            college or university with a minimum of a
19            bachelor's degree.
20                (ii) Successfully completed the first phase of
21            the Alternative Educator Licensure Program for
22            Teachers, as described in Section 21B-50 of this
23            Code.
24                (iii) Passed a test of basic skills and content
25            area test, as required under Section 21B-30 of this
26            Code.

 

 

HB5540 Engrossed- 568 -LRB099 16003 AMC 40320 b

1            The alternative provisional educator endorsement
2        is valid for 2 years of teaching and may be renewed for
3        a third year by an individual meeting the requirements
4        set forth in Section 21B-50 of this Code.
5            (C) Alternative provisional superintendent. An
6        alternative provisional superintendent endorsement on
7        an Educator License with Stipulations entitles the
8        holder to serve only as a superintendent or assistant
9        superintendent in a school district's central office.
10        This endorsement may only be issued to an applicant
11        who, at the time of applying for the endorsement, has
12        done all of the following:
13                (i) Graduated from a regionally accredited
14            college or university with a minimum of a master's
15            degree in a management field other than education.
16                (ii) Been employed for a period of at least 5
17            years in a management level position in a field
18            other than education.
19                (iii) Successfully completed the first phase
20            of an alternative route to superintendent
21            endorsement program, as provided in Section 21B-55
22            of this Code.
23                (iv) Passed a test of basic skills and content
24            area tests required under Section 21B-30 of this
25            Code.
26            The endorsement may be registered for 2 fiscal

 

 

HB5540 Engrossed- 569 -LRB099 16003 AMC 40320 b

1        years in order to complete one full year of serving as
2        a superintendent or assistant superintendent.
3            (D) Resident teacher endorsement. A resident
4        teacher endorsement on an Educator License with
5        Stipulations may be issued to an applicant who, at the
6        time of applying for the endorsement, has done all of
7        the following:
8                (i) Graduated from a regionally accredited
9            institution of higher education with a minimum of a
10            bachelor's degree.
11                (ii) Enrolled in an approved Illinois educator
12            preparation program.
13                (iii) Passed a test of basic skills and content
14            area test, as required under Section 21B-30 of this
15            Code.
16            The resident teacher endorsement on an Educator
17        License with Stipulations is valid for 4 years of
18        teaching and shall not be renewed.
19            A resident teacher may teach only under the
20        direction of a licensed teacher, who shall act as the
21        resident mentor teacher, and may not teach in place of
22        a licensed teacher. A resident teacher endorsement on
23        an Educator License with Stipulations shall no longer
24        be valid after June 30, 2017.
25            (E) Career and technical educator. A career and
26        technical educator endorsement on an Educator License

 

 

HB5540 Engrossed- 570 -LRB099 16003 AMC 40320 b

1        with Stipulations may be issued to an applicant who has
2        a minimum of 60 semester hours of coursework from a
3        regionally accredited institution of higher education
4        and has a minimum of 2,000 hours of experience outside
5        of education in each area to be taught.
6            The career and technical educator endorsement on
7        an Educator License with Stipulations is valid until
8        June 30 immediately following 5 years of the
9        endorsement being issued and may be renewed. For
10        individuals who were issued the career and technical
11        educator endorsement on an Educator License with
12        Stipulations on or after January 1, 2015, the license
13        may be renewed if the individual passes a test of basic
14        skills, as required under Section 21B-30 of this Code.
15            (F) Part-time provisional career and technical
16        educator or provisional career and technical educator.
17        A part-time provisional career and technical educator
18        endorsement or a provisional career and technical
19        educator endorsement on an Educator License with
20        Stipulations may be issued to an applicant who has a
21        minimum of 8,000 hours of work experience in the skill
22        for which the applicant is seeking the endorsement. It
23        is the responsibility of each employing school board
24        and regional office of education to provide
25        verification, in writing, to the State Superintendent
26        of Education at the time the application is submitted

 

 

HB5540 Engrossed- 571 -LRB099 16003 AMC 40320 b

1        that no qualified teacher holding a Professional
2        Educator License or an Educator License with
3        Stipulations with a career and technical educator
4        endorsement is available and that actual circumstances
5        require such issuance.
6            The provisional career and technical educator
7        endorsement on an Educator License with Stipulations
8        is valid until June 30 immediately following 5 years of
9        the endorsement being issued and may be renewed only
10        one time for 5 years. For individuals who were issued
11        the provisional career and technical educator
12        endorsement on an Educator License with Stipulations
13        on or after January 1, 2015, the license may be renewed
14        one time if the individual passes a test of basic
15        skills, as required under Section 21B-30 of this Code,
16        and has completed a minimum of 20 semester hours from a
17        regionally accredited institution.
18            A part-time provisional career and technical
19        educator endorsement on an Educator License with
20        Stipulations may be issued for teaching no more than 2
21        courses of study for grades 6 through 12. The part-time
22        provisional career and technical educator endorsement
23        on an Educator License with Stipulations is valid until
24        June 30 immediately following 5 years of the
25        endorsement being issued and may be renewed for 5 years
26        if the individual makes application for renewal.

 

 

HB5540 Engrossed- 572 -LRB099 16003 AMC 40320 b

1            (G) Transitional bilingual educator. A
2        transitional bilingual educator endorsement on an
3        Educator License with Stipulations may be issued for
4        the purpose of providing instruction in accordance
5        with Article 14C of this Code to an applicant who
6        provides satisfactory evidence that he or she meets all
7        of the following requirements:
8                (i) Possesses adequate speaking, reading, and
9            writing ability in the language other than English
10            in which transitional bilingual education is
11            offered.
12                (ii) Has the ability to successfully
13            communicate in English.
14                (iii) Either possessed, within 5 years
15            previous to his or her applying for a transitional
16            bilingual educator endorsement, a valid and
17            comparable teaching certificate or comparable
18            authorization issued by a foreign country or holds
19            a degree from an institution of higher learning in
20            a foreign country that the State Educator
21            Preparation and Licensure Board determines to be
22            the equivalent of a bachelor's degree from a
23            regionally accredited institution of higher
24            learning in the United States.
25            A transitional bilingual educator endorsement
26        shall be valid for prekindergarten through grade 12, is

 

 

HB5540 Engrossed- 573 -LRB099 16003 AMC 40320 b

1        valid until June 30 immediately following 5 years of
2        the endorsement being issued, and shall not be renewed.
3            Persons holding a transitional bilingual educator
4        endorsement shall not be employed to replace any
5        presently employed teacher who otherwise would not be
6        replaced for any reason.
7            (H) Language endorsement. In an effort to
8        alleviate the shortage of teachers speaking a language
9        other than English in the public schools, an individual
10        who holds an Educator License with Stipulations may
11        also apply for a language endorsement, provided that
12        the applicant provides satisfactory evidence that he
13        or she meets all of the following requirements:
14                (i) Holds a transitional bilingual
15            endorsement.
16                (ii) Has demonstrated proficiency in the
17            language for which the endorsement is to be issued
18            by passing the applicable language content test
19            required by the State Board of Education.
20                (iii) Holds a bachelor's degree or higher from
21            a regionally accredited institution of higher
22            education or, for individuals educated in a
23            country other than the United States, holds a
24            degree from an institution of higher learning in a
25            foreign country that the State Educator
26            Preparation and Licensure Board determines to be

 

 

HB5540 Engrossed- 574 -LRB099 16003 AMC 40320 b

1            the equivalent of a bachelor's degree from a
2            regionally accredited institution of higher
3            learning in the United States.
4                (iv) Has passed a test of basic skills, as
5            required under Section 21B-30 of this Code.
6            A language endorsement on an Educator License with
7        Stipulations is valid for prekindergarten through
8        grade 12 for the same validity period as the
9        individual's transitional bilingual educator
10        endorsement on the Educator License with Stipulations
11        and shall not be renewed.
12            (I) Visiting international educator. A visiting
13        international educator endorsement on an Educator
14        License with Stipulations may be issued to an
15        individual who is being recruited by a particular
16        school district that conducts formal recruitment
17        programs outside of the United States to secure the
18        services of qualified teachers and who meets all of the
19        following requirements:
20                (i) Holds the equivalent of a minimum of a
21            bachelor's degree issued in the United States.
22                (ii) Has been prepared as a teacher at the
23            grade level for which he or she will be employed.
24                (iii) Has adequate content knowledge in the
25            subject to be taught.
26                (iv) Has an adequate command of the English

 

 

HB5540 Engrossed- 575 -LRB099 16003 AMC 40320 b

1            language.
2            A holder of a visiting international educator
3        endorsement on an Educator License with Stipulations
4        shall be permitted to teach in bilingual education
5        programs in the language that was the medium of
6        instruction in his or her teacher preparation program,
7        provided that he or she passes the English Language
8        Proficiency Examination or another test of writing
9        skills in English identified by the State Board of
10        Education, in consultation with the State Educator
11        Preparation and Licensure Board.
12            A visiting international educator endorsement on
13        an Educator License with Stipulations is valid for 3
14        years and shall not be renewed.
15            (J) Paraprofessional educator. A paraprofessional
16        educator endorsement on an Educator License with
17        Stipulations may be issued to an applicant who holds a
18        high school diploma or its recognized equivalent and
19        either holds an associate's degree or a minimum of 60
20        semester hours of credit from a regionally accredited
21        institution of higher education or has passed a test of
22        basic skills required under Section 21B-30 of this
23        Code. The paraprofessional educator endorsement is
24        valid until June 30 immediately following 5 years of
25        the endorsement being issued and may be renewed through
26        application and payment of the appropriate fee, as

 

 

HB5540 Engrossed- 576 -LRB099 16003 AMC 40320 b

1        required under Section 21B-40 of this Code. An
2        individual who holds only a paraprofessional educator
3        endorsement is not subject to additional requirements
4        in order to renew the endorsement.
5            (K) Chief school business official. A chief school
6        business official endorsement on an Educator License
7        with Stipulations may be issued to an applicant who
8        qualifies by having a master's degree or higher, 2
9        years of full-time administrative experience in school
10        business management or 2 years of university-approved
11        practical experience, and a minimum of 24 semester
12        hours of graduate credit in a program approved by the
13        State Board of Education for the preparation of school
14        business administrators and by passage of the
15        applicable State tests, including a test of basic
16        skills and applicable content area test.
17            The chief school business official endorsement may
18        also be affixed to the Educator License with
19        Stipulations of any holder who qualifies by having a
20        master's degree in business administration, finance,
21        or accounting and who completes an additional 6
22        semester hours of internship in school business
23        management from a regionally accredited institution of
24        higher education and passes the applicable State
25        tests, including a test of basic skills and applicable
26        content area test. This endorsement shall be required

 

 

HB5540 Engrossed- 577 -LRB099 16003 AMC 40320 b

1        for any individual employed as a chief school business
2        official.
3            The chief school business official endorsement on
4        an Educator License with Stipulations is valid until
5        June 30 immediately following 5 years of the
6        endorsement being issued and may be renewed if the
7        license holder completes renewal requirements as
8        required for individuals who hold a Professional
9        Educator License endorsed for chief school business
10        official under Section 21B-45 of this Code and such
11        rules as may be adopted by the State Board of
12        Education.
13        (3) Substitute Teaching License. A Substitute Teaching
14    License may be issued to qualified applicants for
15    substitute teaching in all grades of the public schools,
16    prekindergarten through grade 12. Substitute Teaching
17    Licenses are not eligible for endorsements. Applicants for
18    a Substitute Teaching License must hold a bachelor's degree
19    or higher from a regionally accredited institution of
20    higher education.
21        Substitute Teaching Licenses are valid for 5 years and
22    may be renewed if the individual has passed a test of basic
23    skills, as authorized under Section 21B-30 of this Code. An
24    individual who has passed a test of basic skills for the
25    first licensure renewal is not required to retake the test
26    again for further renewals.

 

 

HB5540 Engrossed- 578 -LRB099 16003 AMC 40320 b

1        Substitute Teaching Licenses are valid for substitute
2    teaching in every county of this State. If an individual
3    has had his or her Professional Educator License or
4    Educator License with Stipulations suspended or revoked or
5    has not met the renewal requirements for licensure, then
6    that individual is not eligible to obtain a Substitute
7    Teaching License.
8        A substitute teacher may only teach in the place of a
9    licensed teacher who is under contract with the employing
10    board. If, however, there is no licensed teacher under
11    contract because of an emergency situation, then a district
12    may employ a substitute teacher for no longer than 30
13    calendar days per each vacant position in the district if
14    the district notifies the appropriate regional office of
15    education within 5 business days after the employment of
16    the substitute teacher in the emergency situation. An
17    emergency situation is one in which an unforeseen vacancy
18    has occurred and (i) a teacher is unable to fulfill his or
19    her contractual duties or (ii) teacher capacity needs of
20    the district exceed previous indications, and the district
21    is actively engaged in advertising to hire a fully licensed
22    teacher for the vacant position.
23        There is no limit on the number of days that a
24    substitute teacher may teach in a single school district,
25    provided that no substitute teacher may teach for longer
26    than 90 school days for any one licensed teacher under

 

 

HB5540 Engrossed- 579 -LRB099 16003 AMC 40320 b

1    contract in the same school year. A substitute teacher who
2    holds a Professional Educator License or Educator License
3    with Stipulations shall not teach for more than 120 school
4    days for any one licensed teacher under contract in the
5    same school year. The limitations in this paragraph (3) on
6    the number of days a substitute teacher may be employed do
7    not apply to any school district operating under Article 34
8    of this Code.
9(Source: P.A. 98-28, eff. 7-1-13; 98-751, eff. 1-1-15; 99-35,
10eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, eff. 7-27-15; revised
1110-14-15.)
 
12    (105 ILCS 5/21B-45)
13    Sec. 21B-45. Professional Educator License renewal.
14    (a) Individuals holding a Professional Educator License
15are required to complete the licensure renewal requirements as
16specified in this Section, unless otherwise provided in this
17Code.
18    Individuals holding a Professional Educator License shall
19meet the renewal requirements set forth in this Section, unless
20otherwise provided in this Code. If an individual holds a
21license endorsed in more than one area that has different
22renewal requirements, that individual shall follow the renewal
23requirements for the position for which he or she spends the
24majority of his or her time working.
25    (b) All Professional Educator Licenses not renewed as

 

 

HB5540 Engrossed- 580 -LRB099 16003 AMC 40320 b

1provided in this Section shall lapse on September 1 of that
2year. Lapsed licenses may be immediately reinstated upon (i)
3payment by the applicant of a $500 penalty to the State Board
4of Education or (ii) the demonstration of proficiency by
5completing 9 semester hours of coursework from a regionally
6accredited institution of higher education in the content area
7that most aligns with one or more of the educator's endorsement
8areas. Any and all back fees, including without limitation
9registration fees owed from the time of expiration of the
10license until the date of reinstatement, shall be paid and kept
11in accordance with the provisions in Article 3 of this Code
12concerning an institute fund and the provisions in Article 21B
13of this Code concerning fees and requirements for registration.
14Licenses not registered in accordance with Section 21B-40 of
15this Code shall lapse after a period of 6 months from the
16expiration of the last year of registration. An unregistered
17license is invalid after September 1 for employment and
18performance of services in an Illinois public or State-operated
19school or cooperative and in a charter school. Any license or
20endorsement may be voluntarily surrendered by the license
21holder. A voluntarily surrendered license, except a substitute
22teaching license issued under Section 21B-20 of this Code,
23shall be treated as a revoked license. An Educator License with
24Stipulations with only a paraprofessional endorsement does not
25lapse.
26    (c) From July 1, 2013 through June 30, 2014, in order to

 

 

HB5540 Engrossed- 581 -LRB099 16003 AMC 40320 b

1satisfy the requirements for licensure renewal provided for in
2this Section, each professional educator licensee with an
3administrative endorsement who is working in a position
4requiring such endorsement shall complete one Illinois
5Administrators' Academy course, as described in Article 2 of
6this Code, per fiscal year.
7    (d) Beginning July 1, 2014, in order to satisfy the
8requirements for licensure renewal provided for in this
9Section, each professional educator licensee may create a
10professional development plan each year. The plan shall address
11one or more of the endorsements that are required of his or her
12educator position if the licensee is employed and performing
13services in an Illinois public or State-operated school or
14cooperative. If the licensee is employed in a charter school,
15the plan shall address that endorsement or those endorsements
16most closely related to his or her educator position. Licensees
17employed and performing services in any other Illinois schools
18may participate in the renewal requirements by adhering to the
19same process.
20    Except as otherwise provided in this Section, the
21licensee's professional development activities shall align
22with one or more of the following criteria:
23        (1) activities are of a type that engage participants
24    over a sustained period of time allowing for analysis,
25    discovery, and application as they relate to student
26    learning, social or emotional achievement, or well-being;

 

 

HB5540 Engrossed- 582 -LRB099 16003 AMC 40320 b

1        (2) professional development aligns to the licensee's
2    performance;
3        (3) outcomes for the activities must relate to student
4    growth or district improvement;
5        (4) activities align to State-approved standards; and
6        (5) higher education coursework.
7    (e) For each renewal cycle, each professional educator
8licensee shall engage in professional development activities.
9Prior to renewal, the licensee shall enter electronically into
10the Educator Licensure Information System (ELIS) the name,
11date, and location of the activity, the number of professional
12development hours, and the provider's name. The following
13provisions shall apply concerning professional development
14activities:
15        (1) Each licensee shall complete a total of 120 hours
16    of professional development per 5-year renewal cycle in
17    order to renew the license, except as otherwise provided in
18    this Section.
19        (2) Beginning with his or her first full 5-year cycle,
20    any licensee with an administrative endorsement who is not
21    working in a position requiring such endorsement shall
22    complete one Illinois Administrators' Academy course, as
23    described in Article 2 of this Code, in each 5-year renewal
24    cycle in which the administrative endorsement was held for
25    at least one year. The Illinois Administrators' Academy
26    course may count toward the total of 120 hours per 5-year

 

 

HB5540 Engrossed- 583 -LRB099 16003 AMC 40320 b

1    cycle.
2        (3) Any licensee with an administrative endorsement
3    who is working in a position requiring such endorsement or
4    an individual with a Teacher Leader endorsement serving in
5    an administrative capacity at least 50% of the day shall
6    complete one Illinois Administrators' Academy course, as
7    described in Article 2 of this Code, each fiscal year in
8    addition to 100 hours of professional development per
9    5-year renewal cycle in accordance with this Code.
10        (4) Any licensee holding a current National Board for
11    Professional Teaching Standards (NBPTS) master teacher
12    designation shall complete a total of 60 hours of
13    professional development per 5-year renewal cycle in order
14    to renew the license.
15        (5) Licensees working in a position that does not
16    require educator licensure or working in a position for
17    less than 50% for any particular year are considered to be
18    exempt and shall be required to pay only the registration
19    fee in order to renew and maintain the validity of the
20    license.
21        (6) Licensees who are retired and qualify for benefits
22    from a State retirement system shall notify the State Board
23    of Education using ELIS, and the license shall be
24    maintained in retired status. An individual with a license
25    in retired status shall not be required to complete
26    professional development activities or pay registration

 

 

HB5540 Engrossed- 584 -LRB099 16003 AMC 40320 b

1    fees until returning to a position that requires educator
2    licensure. Upon returning to work in a position that
3    requires the Professional Educator License, the licensee
4    shall immediately pay a registration fee and complete
5    renewal requirements for that year. A license in retired
6    status cannot lapse.
7        (7) For any renewal cycle in which professional
8    development hours were required, but not fulfilled, the
9    licensee shall complete any missed hours to total the
10    minimum professional development hours required in this
11    Section prior to September 1 of that year. For any fiscal
12    year or renewal cycle in which an Illinois Administrators'
13    Academy course was required but not completed, the licensee
14    shall complete any missed Illinois Administrators' Academy
15    courses prior to September 1 of that year. The licensee may
16    complete all deficient hours and Illinois Administrators'
17    Academy courses while continuing to work in a position that
18    requires that license until September 1 of that year.
19        (8) Any licensee who has not fulfilled the professional
20    development renewal requirements set forth in this Section
21    at the end of any 5-year renewal cycle is ineligible to
22    register his or her license and may submit an appeal to the
23    State Superintendent of Education for reinstatement of the
24    license.
25        (9) If professional development opportunities were
26    unavailable to a licensee, proof that opportunities were

 

 

HB5540 Engrossed- 585 -LRB099 16003 AMC 40320 b

1    unavailable and request for an extension of time beyond
2    August 31 to complete the renewal requirements may be
3    submitted from April 1 through June 30 of that year to the
4    State Educator Preparation and Licensure Board. If an
5    extension is approved, the license shall remain valid
6    during the extension period.
7        (10) Individuals who hold exempt licenses prior to
8    December 27, 2013 (the effective date of Public Act 98-610)
9    this amendatory Act of the 98th General Assembly shall
10    commence the annual renewal process with the first
11    scheduled registration due after December 27, 2013 (the
12    effective date of Public Act 98-610) this amendatory Act of
13    the 98th General Assembly.
14    (f) At the time of renewal, each licensee shall respond to
15the required questions under penalty of perjury.
16    (g) The following entities shall be designated as approved
17to provide professional development activities for the renewal
18of Professional Educator Licenses:
19        (1) The State Board of Education.
20        (2) Regional offices of education and intermediate
21    service centers.
22        (3) Illinois professional associations representing
23    the following groups that are approved by the State
24    Superintendent of Education:
25            (A) school administrators;
26            (B) principals;

 

 

HB5540 Engrossed- 586 -LRB099 16003 AMC 40320 b

1            (C) school business officials;
2            (D) teachers, including special education
3        teachers;
4            (E) school boards;
5            (F) school districts;
6            (G) parents; and
7            (H) school service personnel.
8        (4) Regionally accredited institutions of higher
9    education that offer Illinois-approved educator
10    preparation programs and public community colleges subject
11    to the Public Community College Act.
12        (5) Illinois public school districts, charter schools
13    authorized under Article 27A of this Code, and joint
14    educational programs authorized under Article 10 of this
15    Code for the purposes of providing career and technical
16    education or special education services.
17        (6) A not-for-profit organization that, as of December
18    31, 2014 (the effective date of Public Act 98-1147) this
19    amendatory Act of the 98th General Assembly, has had or has
20    a grant from or a contract with the State Board of
21    Education to provide professional development services in
22    the area of English Learning to Illinois school districts,
23    teachers, or administrators.
24        (7) State agencies, State boards, and State
25    commissions.
26        (8) (7) Museums as defined in Section 10 of the Museum

 

 

HB5540 Engrossed- 587 -LRB099 16003 AMC 40320 b

1    Disposition of Property Act.
2    (h) Approved providers under subsection (g) of this Section
3shall make available professional development opportunities
4that satisfy at least one of the following:
5        (1) increase the knowledge and skills of school and
6    district leaders who guide continuous professional
7    development;
8        (2) improve the learning of students;
9        (3) organize adults into learning communities whose
10    goals are aligned with those of the school and district;
11        (4) deepen educator's content knowledge;
12        (5) provide educators with research-based
13    instructional strategies to assist students in meeting
14    rigorous academic standards;
15        (6) prepare educators to appropriately use various
16    types of classroom assessments;
17        (7) use learning strategies appropriate to the
18    intended goals;
19        (8) provide educators with the knowledge and skills to
20    collaborate; or
21        (9) prepare educators to apply research to
22    decision-making.
23    (i) Approved providers under subsection (g) of this Section
24shall do the following:
25        (1) align professional development activities to the
26    State-approved national standards for professional

 

 

HB5540 Engrossed- 588 -LRB099 16003 AMC 40320 b

1    learning;
2        (2) meet the professional development criteria for
3    Illinois licensure renewal;
4        (3) produce a rationale for the activity that explains
5    how it aligns to State standards and identify the
6    assessment for determining the expected impact on student
7    learning or school improvement;
8        (4) maintain original documentation for completion of
9    activities; and
10        (5) provide license holders with evidence of
11    completion of activities.
12    (j) The State Board of Education shall conduct annual
13audits of approved providers, except for school districts,
14which shall be audited by regional offices of education and
15intermediate service centers. The State Board of Education
16shall complete random audits of licensees.
17        (1) Approved providers shall annually submit to the
18    State Board of Education a list of subcontractors used for
19    delivery of professional development activities for which
20    renewal credit was issued and other information as defined
21    by rule.
22        (2) Approved providers shall annually submit data to
23    the State Board of Education demonstrating how the
24    professional development activities impacted one or more
25    of the following:
26            (A) educator and student growth in regards to

 

 

HB5540 Engrossed- 589 -LRB099 16003 AMC 40320 b

1        content knowledge or skills, or both;
2            (B) educator and student social and emotional
3        growth; or
4            (C) alignment to district or school improvement
5        plans.
6        (3) The State Superintendent of Education shall review
7    the annual data collected by the State Board of Education,
8    regional offices of education, and intermediate service
9    centers in audits to determine if the approved provider has
10    met the criteria and should continue to be an approved
11    provider or if further action should be taken as provided
12    in rules.
13    (k) Registration fees shall be paid for the next renewal
14cycle between April 1 and June 30 in the last year of each
155-year renewal cycle using ELIS. If all required professional
16development hours for the renewal cycle have been completed and
17entered by the licensee, the licensee shall pay the
18registration fees for the next cycle using a form of credit or
19debit card.
20    (l) Beginning July 1, 2014, any professional educator
21licensee endorsed for school support personnel who is employed
22and performing services in Illinois public schools and who
23holds an active and current professional license issued by the
24Department of Financial and Professional Regulation related to
25the endorsement areas on the Professional Educator License
26shall be deemed to have satisfied the continuing professional

 

 

HB5540 Engrossed- 590 -LRB099 16003 AMC 40320 b

1development requirements provided for in this Section. Such
2individuals shall be required to pay only registration fees to
3renew the Professional Educator License. An individual who does
4not hold a license issued by the Department of Financial and
5Professional Regulation shall complete professional
6development requirements for the renewal of a Professional
7Educator License provided for in this Section.
8    (m) Appeals to the State Educator Preparation and Licensure
9Board must be made within 30 days after receipt of notice from
10the State Superintendent of Education that a license will not
11be renewed based upon failure to complete the requirements of
12this Section. A licensee may appeal that decision to the State
13Educator Preparation and Licensure Board in a manner prescribed
14by rule.
15        (1) Each appeal shall state the reasons why the State
16    Superintendent's decision should be reversed and shall be
17    sent by certified mail, return receipt requested, to the
18    State Board of Education.
19        (2) The State Educator Preparation and Licensure Board
20    shall review each appeal regarding renewal of a license
21    within 90 days after receiving the appeal in order to
22    determine whether the licensee has met the requirements of
23    this Section. The State Educator Preparation and Licensure
24    Board may hold an appeal hearing or may make its
25    determination based upon the record of review, which shall
26    consist of the following:

 

 

HB5540 Engrossed- 591 -LRB099 16003 AMC 40320 b

1            (A) the regional superintendent of education's
2        rationale for recommending nonrenewal of the license,
3        if applicable;
4            (B) any evidence submitted to the State
5        Superintendent along with the individual's electronic
6        statement of assurance for renewal; and
7            (C) the State Superintendent's rationale for
8        nonrenewal of the license.
9        (3) The State Educator Preparation and Licensure Board
10    shall notify the licensee of its decision regarding license
11    renewal by certified mail, return receipt requested, no
12    later than 30 days after reaching a decision. Upon receipt
13    of notification of renewal, the licensee, using ELIS, shall
14    pay the applicable registration fee for the next cycle
15    using a form of credit or debit card.
16    (n) The State Board of Education may adopt rules as may be
17necessary to implement this Section.
18(Source: P.A. 98-610, eff. 12-27-13; 98-1147, eff. 12-31-14;
1999-58, eff. 7-16-15; 99-130, eff. 7-24-15; revised 10-21-15.)
 
20    (105 ILCS 5/22-30)
21    Sec. 22-30. Self-administration and self-carry of asthma
22medication and epinephrine auto-injectors; administration of
23undesignated epinephrine auto-injectors; administration of an
24opioid antagonist.
25    (a) For the purpose of this Section only, the following

 

 

HB5540 Engrossed- 592 -LRB099 16003 AMC 40320 b

1terms shall have the meanings set forth below:
2    "Asthma inhaler" means a quick reliever asthma inhaler.
3    "Epinephrine auto-injector" means a single-use device used
4for the automatic injection of a pre-measured dose of
5epinephrine into the human body.
6    "Asthma medication" means a medicine, prescribed by (i) a
7physician licensed to practice medicine in all its branches,
8(ii) a licensed physician assistant prescriptive authority, or
9(iii) a licensed advanced practice nurse prescriptive
10authority for a pupil that pertains to the pupil's asthma and
11that has an individual prescription label.
12    "Opioid antagonist" means a drug that binds to opioid
13receptors and blocks or inhibits the effect of opioids acting
14on those receptors, including, but not limited to, naloxone
15hydrochloride or any other similarly acting drug approved by
16the U.S. Food and Drug Administration.
17    "School nurse" means a registered nurse working in a school
18with or without licensure endorsed in school nursing.
19    "Self-administration" means a pupil's discretionary use of
20his or her prescribed asthma medication or epinephrine
21auto-injector.
22    "Self-carry" means a pupil's ability to carry his or her
23prescribed asthma medication or epinephrine auto-injector.
24    "Standing protocol" may be issued by (i) a physician
25licensed to practice medicine in all its branches, (ii) a
26licensed physician assistant prescriptive authority, or (iii)

 

 

HB5540 Engrossed- 593 -LRB099 16003 AMC 40320 b

1a licensed advanced practice nurse prescriptive.
2    "Trained personnel" means any school employee or volunteer
3personnel authorized in Sections 10-22.34, 10-22.34a, and
410-22.34b of this Code who has completed training under
5subsection (g) of this Section to recognize and respond to
6anaphylaxis.
7    "Undesignated epinephrine auto-injector" means an
8epinephrine auto-injector prescribed in the name of a school
9district, public school, or nonpublic school.
10    (b) A school, whether public or nonpublic, must permit the
11self-administration and self-carry of asthma medication by a
12pupil with asthma or the self-administration and self-carry of
13an epinephrine auto-injector by a pupil, provided that:
14        (1) the parents or guardians of the pupil provide to
15    the school (i) written authorization from the parents or
16    guardians for (A) the self-administration and self-carry
17    of asthma medication or (B) the self-carry of asthma
18    medication or (ii) for (A) the self-administration and
19    self-carry of an epinephrine auto-injector or (B) the
20    self-carry of an epinephrine auto-injector, written
21    authorization from the pupil's physician, physician
22    assistant, or advanced practice nurse; and
23        (2) the parents or guardians of the pupil provide to
24    the school (i) the prescription label, which must contain
25    the name of the asthma medication, the prescribed dosage,
26    and the time at which or circumstances under which the

 

 

HB5540 Engrossed- 594 -LRB099 16003 AMC 40320 b

1    asthma medication is to be administered, or (ii) for the
2    self-administration or self-carry of an epinephrine
3    auto-injector, a written statement from the pupil's
4    physician, physician assistant, or advanced practice nurse
5    containing the following information:
6            (A) the name and purpose of the epinephrine
7        auto-injector;
8            (B) the prescribed dosage; and
9            (C) the time or times at which or the special
10        circumstances under which the epinephrine
11        auto-injector is to be administered.
12The information provided shall be kept on file in the office of
13the school nurse or, in the absence of a school nurse, the
14school's administrator.
15    (b-5) A school district, public school, or nonpublic school
16may authorize the provision of a student-specific or
17undesignated epinephrine auto-injector to a student or any
18personnel authorized under a student's Individual Health Care
19Action Plan, Illinois Food Allergy Emergency Action Plan and
20Treatment Authorization Form, or plan pursuant to Section 504
21of the federal Rehabilitation Act of 1973 to administer an
22epinephrine auto-injector to the student, that meets the
23student's prescription on file.
24    (b-10) The school district, public school, or nonpublic
25school may authorize a school nurse or trained personnel to do
26the following: (i) provide an undesignated epinephrine

 

 

HB5540 Engrossed- 595 -LRB099 16003 AMC 40320 b

1auto-injector to a student for self-administration only or any
2personnel authorized under a student's Individual Health Care
3Action Plan, Illinois Food Allergy Emergency Action Plan and
4Treatment Authorization Form, or plan pursuant to Section 504
5of the federal Rehabilitation Act of 1973 to administer to the
6student, that meets the student's prescription on file; (ii)
7administer an undesignated epinephrine auto-injector that
8meets the prescription on file to any student who has an
9Individual Health Care Action Plan, Illinois Food Allergy
10Emergency Action Plan and Treatment Authorization Form, or plan
11pursuant to Section 504 of the federal Rehabilitation Act of
121973 that authorizes the use of an epinephrine auto-injector;
13(iii) administer an undesignated epinephrine auto-injector to
14any person that the school nurse or trained personnel in good
15faith believes is having an anaphylactic reaction; and (iv)
16administer an opioid antagonist to any person that the school
17nurse or trained personnel in good faith believes is having an
18opioid overdose.
19    (c) The school district, public school, or nonpublic school
20must inform the parents or guardians of the pupil, in writing,
21that the school district, public school, or nonpublic school
22and its employees and agents, including a physician, physician
23assistant, or advanced practice nurse providing standing
24protocol or prescription for school epinephrine
25auto-injectors, are to incur no liability or professional
26discipline, except for willful and wanton conduct, as a result

 

 

HB5540 Engrossed- 596 -LRB099 16003 AMC 40320 b

1of any injury arising from the administration of asthma
2medication, an epinephrine auto-injector, or an opioid
3antagonist regardless of whether authorization was given by the
4pupil's parents or guardians or by the pupil's physician,
5physician assistant, or advanced practice nurse. The parents or
6guardians of the pupil must sign a statement acknowledging that
7the school district, public school, or nonpublic school and its
8employees and agents are to incur no liability, except for
9willful and wanton conduct, as a result of any injury arising
10from the administration of asthma medication, an epinephrine
11auto-injector, or an opioid antagonist regardless of whether
12authorization was given by the pupil's parents or guardians or
13by the pupil's physician, physician assistant, or advanced
14practice nurse and that the parents or guardians must indemnify
15and hold harmless the school district, public school, or
16nonpublic school and its employees and agents against any
17claims, except a claim based on willful and wanton conduct,
18arising out of the administration of asthma medication, an
19epinephrine auto-injector, or an opioid antagonist regardless
20of whether authorization was given by the pupil's parents or
21guardians or by the pupil's physician, physician assistant, or
22advanced practice nurse.
23    (c-5) When a school nurse or trained personnel administers
24an undesignated epinephrine auto-injector to a person whom the
25school nurse or trained personnel in good faith believes is
26having an anaphylactic reaction, or administers an opioid

 

 

HB5540 Engrossed- 597 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 598 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 599 -LRB099 16003 AMC 40320 b

1may carry an opioid antagonist on their person while in school
2or at a school-sponsored activity.
3    (f) The school district, public school, or nonpublic school
4may maintain a supply of undesignated epinephrine
5auto-injectors in any secure location where an allergic person
6is most at risk, including, but not limited to, classrooms and
7lunchrooms. A physician, a physician assistant who has been
8delegated prescriptive authority in accordance with Section
97.5 of the Physician Assistant Practice Act of 1987, or an
10advanced practice nurse who has been delegated prescriptive
11authority in accordance with Section 65-40 of the Nurse
12Practice Act may prescribe undesignated epinephrine
13auto-injectors in the name of the school district, public
14school, or nonpublic school to be maintained for use when
15necessary. Any supply of epinephrine auto-injectors shall be
16maintained in accordance with the manufacturer's instructions.
17    The school district, public school, or nonpublic school may
18maintain a supply of an opioid antagonist in any secure
19location where an individual may have an opioid overdose. A
20health care professional who has been delegated prescriptive
21authority for opioid antagonists in accordance with Section
225-23 of the Alcoholism and Other Drug Abuse and Dependency Act
23may prescribe opioid antagonists in the name of the school
24district, public school, or nonpublic school, to be maintained
25for use when necessary. Any supply of opioid antagonists shall
26be maintained in accordance with the manufacturer's

 

 

HB5540 Engrossed- 600 -LRB099 16003 AMC 40320 b

1instructions.
2    (f-5) Upon any administration of an epinephrine
3auto-injector, a school district, public school, or nonpublic
4school must immediately activate the EMS system and notify the
5student's parent, guardian, or emergency contact, if known.
6    Upon any administration of an opioid antagonist, a school
7district, public school, or nonpublic school must immediately
8activate the EMS system and notify the student's parent,
9guardian, or emergency contact, if known.
10    (f-10) Within 24 hours of the administration of an
11undesignated epinephrine auto-injector, a school district,
12public school, or nonpublic school must notify the physician,
13physician assistant, or advanced advance practice nurse who
14provided the standing protocol or prescription for the
15undesignated epinephrine auto-injector of its use.
16    Within 24 hours after the administration of an opioid
17antagonist, a school district, public school, or nonpublic
18school must notify the health care professional who provided
19the prescription for the opioid antagonist of its use.
20    (g) Prior to the administration of an undesignated
21epinephrine auto-injector, trained personnel must submit to
22their his or her school's administration proof of completion of
23a training curriculum to recognize and respond to anaphylaxis
24that meets the requirements of subsection (h) of this Section.
25Training must be completed annually. Trained personnel must
26also submit to their his or her school's administration proof

 

 

HB5540 Engrossed- 601 -LRB099 16003 AMC 40320 b

1of cardiopulmonary resuscitation and automated external
2defibrillator certification. The school district, public
3school, or nonpublic school must maintain records related to
4the training curriculum and trained personnel.
5    Prior to the administration of an opioid antagonist,
6trained personnel must submit to their school's administration
7proof of completion of a training curriculum to recognize and
8respond to an opioid overdose, which curriculum must meet the
9requirements of subsection (h-5) of this Section. Training must
10be completed annually. Trained personnel must also submit to
11the school's administration proof of cardiopulmonary
12resuscitation and automated external defibrillator
13certification. The school district, public school, or
14nonpublic school must maintain records relating to the training
15curriculum and the trained personnel.
16    (h) A training curriculum to recognize and respond to
17anaphylaxis, including the administration of an undesignated
18epinephrine auto-injector, may be conducted online or in
19person. It must include, but is not limited to:
20        (1) how to recognize symptoms of an allergic reaction;
21        (2) a review of high-risk areas within the school and
22    its related facilities;
23        (3) steps to take to prevent exposure to allergens;
24        (4) how to respond to an emergency involving an
25    allergic reaction;
26        (5) how to administer an epinephrine auto-injector;

 

 

HB5540 Engrossed- 602 -LRB099 16003 AMC 40320 b

1        (6) how to respond to a student with a known allergy as
2    well as a student with a previously unknown allergy;
3        (7) a test demonstrating competency of the knowledge
4    required to recognize anaphylaxis and administer an
5    epinephrine auto-injector; and
6        (8) other criteria as determined in rules adopted
7    pursuant to this Section.
8    In consultation with statewide professional organizations
9representing physicians licensed to practice medicine in all of
10its branches, registered nurses, and school nurses, the State
11Board of Education shall make available resource materials
12consistent with criteria in this subsection (h) for educating
13trained personnel to recognize and respond to anaphylaxis. The
14State Board may take into consideration the curriculum on this
15subject developed by other states, as well as any other
16curricular materials suggested by medical experts and other
17groups that work on life-threatening allergy issues. The State
18Board is not required to create new resource materials. The
19State Board shall make these resource materials available on
20its Internet website.
21    (h-5) A training curriculum to recognize and respond to an
22opioid overdose, including the administration of an opioid
23antagonist, may be conducted online or in person. The training
24must comply with any training requirements under Section 5-23
25of the Alcoholism and Other Drug Abuse and Dependency Act and
26the corresponding rules. It must include, but is not limited

 

 

HB5540 Engrossed- 603 -LRB099 16003 AMC 40320 b

1to:
2        (1) how to recognize symptoms of an opioid overdose;
3        (2) information on drug overdose prevention and
4    recognition;
5        (3) how to perform rescue breathing and resuscitation;
6        (4) how to respond to an emergency involving an opioid
7    overdose;
8        (5) opioid antagonist dosage and administration;
9        (6) the importance of calling 911;
10        (7) care for the overdose victim after administration
11    of the overdose antagonist;
12        (8) a test demonstrating competency of the knowledge
13    required to recognize an opioid overdose and administer a
14    dose of an opioid antagonist; and
15        (9) other criteria as determined in rules adopted
16    pursuant to this Section.
17    (i) Within 3 days after the administration of an
18undesignated epinephrine auto-injector by a school nurse,
19trained personnel, or a student at a school or school-sponsored
20activity, the school must report to the State Board in a form
21and manner prescribed by the State Board the following
22information:
23        (1) age and type of person receiving epinephrine
24    (student, staff, visitor);
25        (2) any previously known diagnosis of a severe allergy;
26        (3) trigger that precipitated allergic episode;

 

 

HB5540 Engrossed- 604 -LRB099 16003 AMC 40320 b

1        (4) location where symptoms developed;
2        (5) number of doses administered;
3        (6) type of person administering epinephrine (school
4    nurse, trained personnel, student); and
5        (7) any other information required by the State Board.
6    (i-5) Within 3 days after the administration of an opioid
7antagonist by a school nurse or trained personnel, the school
8must report to the State Board, in a form and manner prescribed
9by the State Board, the following information:
10        (1) the age and type of person receiving the opioid
11    antagonist (student, staff, or visitor);
12        (2) the location where symptoms developed;
13        (3) the type of person administering the opioid
14    antagonist (school nurse or trained personnel); and
15        (4) any other information required by the State Board.
16    (j) By October 1, 2015 and every year thereafter, the State
17Board shall submit a report to the General Assembly identifying
18the frequency and circumstances of epinephrine administration
19during the preceding academic year. This report shall be
20published on the State Board's Internet website on the date the
21report is delivered to the General Assembly.
22    On or before October 1, 2016 and every year thereafter, the
23State Board shall submit a report to the General Assembly and
24the Department of Public Health identifying the frequency and
25circumstances of opioid antagonist administration during the
26preceding academic year. This report shall be published on the

 

 

HB5540 Engrossed- 605 -LRB099 16003 AMC 40320 b

1State Board's Internet website on the date the report is
2delivered to the General Assembly.
3    (k) The State Board may adopt rules necessary to implement
4this Section.
5(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
699-480, eff. 9-9-15; revised 10-13-15.)
 
7    (105 ILCS 5/22-80)
8    Sec. 22-80. Student athletes; concussions and head
9injuries.
10    (a) The General Assembly recognizes all of the following:
11        (1) Concussions are one of the most commonly reported
12    injuries in children and adolescents who participate in
13    sports and recreational activities. The Centers for
14    Disease Control and Prevention estimates that as many as
15    3,900,000 sports-related and recreation-related
16    concussions occur in the United States each year. A
17    concussion is caused by a blow or motion to the head or
18    body that causes the brain to move rapidly inside the
19    skull. The risk of catastrophic injuries or death are
20    significant when a concussion or head injury is not
21    properly evaluated and managed.
22        (2) Concussions are a type of brain injury that can
23    range from mild to severe and can disrupt the way the brain
24    normally works. Concussions can occur in any organized or
25    unorganized sport or recreational activity and can result

 

 

HB5540 Engrossed- 606 -LRB099 16003 AMC 40320 b

1    from a fall or from players colliding with each other, the
2    ground, or with obstacles. Concussions occur with or
3    without loss of consciousness, but the vast majority of
4    concussions occur without loss of consciousness.
5        (3) Continuing to play with a concussion or symptoms of
6    a head injury leaves a young athlete especially vulnerable
7    to greater injury and even death. The General Assembly
8    recognizes that, despite having generally recognized
9    return-to-play standards for concussions and head
10    injuries, some affected youth athletes are prematurely
11    returned to play, resulting in actual or potential physical
12    injury or death to youth athletes in this State.
13        (4) Student athletes who have sustained a concussion
14    may need informal or formal accommodations, modifications
15    of curriculum, and monitoring by medical or academic staff
16    until the student is fully recovered. To that end, all
17    schools are encouraged to establish a return-to-learn
18    protocol that is based on peer-reviewed scientific
19    evidence consistent with Centers for Disease Control and
20    Prevention guidelines and conduct baseline testing for
21    student athletes.
22    (b) In this Section:
23    "Athletic trainer" means an athletic trainer licensed
24under the Illinois Athletic Trainers Practice Act.
25    "Coach" means any volunteer or employee of a school who is
26responsible for organizing and supervising students to teach

 

 

HB5540 Engrossed- 607 -LRB099 16003 AMC 40320 b

1them or train them in the fundamental skills of an
2interscholastic athletic activity. "Coach" refers to both head
3coaches and assistant coaches.
4    "Concussion" means a complex pathophysiological process
5affecting the brain caused by a traumatic physical force or
6impact to the head or body, which may include temporary or
7prolonged altered brain function resulting in physical,
8cognitive, or emotional symptoms or altered sleep patterns and
9which may or may not involve a loss of consciousness.
10    "Department" means the Department of Financial and
11Professional Regulation.
12    "Game official" means a person who officiates at an
13interscholastic athletic activity, such as a referee or umpire,
14including, but not limited to, persons enrolled as game
15officials by the Illinois High School Association or Illinois
16Elementary School Association.
17    "Interscholastic athletic activity" means any organized
18school-sponsored or school-sanctioned activity for students,
19generally outside of school instructional hours, under the
20direction of a coach, athletic director, or band leader,
21including, but not limited to, baseball, basketball,
22cheerleading, cross country track, fencing, field hockey,
23football, golf, gymnastics, ice hockey, lacrosse, marching
24band, rugby, soccer, skating, softball, swimming and diving,
25tennis, track (indoor and outdoor), ultimate Frisbee,
26volleyball, water polo, and wrestling. All interscholastic

 

 

HB5540 Engrossed- 608 -LRB099 16003 AMC 40320 b

1athletics are deemed to be interscholastic activities.
2    "Licensed healthcare professional" means a person who has
3experience with concussion management and who is a nurse, a
4psychologist who holds a license under the Clinical
5Psychologist Licensing Act and specializes in the practice of
6neuropsychology, a physical therapist licensed under the
7Illinois Physical Therapy Act, an occupational therapist
8licensed under the Illinois Occupational Therapy Practice Act.
9    "Nurse" means a person who is employed by or volunteers at
10a school and is licensed under the Nurse Practice Act as a
11registered nurse, practical nurse, or advanced practice nurse.
12    "Physician" means a physician licensed to practice
13medicine in all of its branches under the Medical Practice Act
14of 1987.
15    "School" means any public or private elementary or
16secondary school, including a charter school.
17    "Student" means an adolescent or child enrolled in a
18school.
19    (c) This Section applies to any interscholastic athletic
20activity, including practice and competition, sponsored or
21sanctioned by a school, the Illinois Elementary School
22Association, or the Illinois High School Association. This
23Section applies beginning with the 2016-2017 school year.
24    (d) The governing body of each public or charter school and
25the appropriate administrative officer of a private school with
26students enrolled who participate in an interscholastic

 

 

HB5540 Engrossed- 609 -LRB099 16003 AMC 40320 b

1athletic activity shall appoint or approve a concussion
2oversight team. Each concussion oversight team shall establish
3a return-to-play protocol, based on peer-reviewed scientific
4evidence consistent with Centers for Disease Control and
5Prevention guidelines, for a student's return to
6interscholastic athletics practice or competition following a
7force or impact believed to have caused a concussion. Each
8concussion oversight team shall also establish a
9return-to-learn protocol, based on peer-reviewed scientific
10evidence consistent with Centers for Disease Control and
11Prevention guidelines, for a student's return to the classroom
12after that student is believed to have experienced a
13concussion, whether or not the concussion took place while the
14student was participating in an interscholastic athletic
15activity.
16    Each concussion oversight team must include to the extent
17practicable at least one physician. If a school employs an
18athletic trainer, the athletic trainer must be a member of the
19school concussion oversight team to the extent practicable. If
20a school employs a nurse, the nurse must be a member of the
21school concussion oversight team to the extent practicable. At
22a minimum, a school shall appoint a person who is responsible
23for implementing and complying with the return-to-play and
24return-to-learn protocols adopted by the concussion oversight
25team. A school may appoint other licensed healthcare
26professionals to serve on the concussion oversight team.

 

 

HB5540 Engrossed- 610 -LRB099 16003 AMC 40320 b

1    (e) A student may not participate in an interscholastic
2athletic activity for a school year until the student and the
3student's parent or guardian or another person with legal
4authority to make medical decisions for the student have signed
5a form for that school year that acknowledges receiving and
6reading written information that explains concussion
7prevention, symptoms, treatment, and oversight and that
8includes guidelines for safely resuming participation in an
9athletic activity following a concussion. The form must be
10approved by the Illinois High School Association.
11    (f) A student must be removed from an interscholastic
12athletics practice or competition immediately if one of the
13following persons believes the student might have sustained a
14concussion during the practice or competition:
15        (1) a coach;
16        (2) a physician;
17        (3) a game official;
18        (4) an athletic trainer;
19        (5) the student's parent or guardian or another person
20    with legal authority to make medical decisions for the
21    student;
22        (6) the student; or
23        (7) any other person deemed appropriate under the
24    school's return-to-play protocol.
25    (g) A student removed from an interscholastic athletics
26practice or competition under this Section may not be permitted

 

 

HB5540 Engrossed- 611 -LRB099 16003 AMC 40320 b

1to practice or compete again following the force or impact
2believed to have caused the concussion until:
3        (1) the student has been evaluated, using established
4    medical protocols based on peer-reviewed scientific
5    evidence consistent with Centers for Disease Control and
6    Prevention guidelines, by a treating physician (chosen by
7    the student or the student's parent or guardian or another
8    person with legal authority to make medical decisions for
9    the student) or an athletic trainer working under the
10    supervision of a physician;
11        (2) the student has successfully completed each
12    requirement of the return-to-play protocol established
13    under this Section necessary for the student to return to
14    play;
15        (3) the student has successfully completed each
16    requirement of the return-to-learn protocol established
17    under this Section necessary for the student to return to
18    learn;
19        (4) the treating physician or athletic trainer working
20    under the supervision of a physician has provided a written
21    statement indicating that, in the physician's professional
22    judgment, it is safe for the student to return to play and
23    return to learn; and
24        (5) the student and the student's parent or guardian or
25    another person with legal authority to make medical
26    decisions for the student:

 

 

HB5540 Engrossed- 612 -LRB099 16003 AMC 40320 b

1            (A) have acknowledged that the student has
2        completed the requirements of the return-to-play and
3        return-to-learn protocols necessary for the student to
4        return to play;
5            (B) have provided the treating physician's or
6        athletic trainer's written statement under subdivision
7        (4) of this subsection (g) to the person responsible
8        for compliance with the return-to-play and
9        return-to-learn protocols under this subsection (g)
10        and the person who has supervisory responsibilities
11        under this subsection (g); and
12            (C) have signed a consent form indicating that the
13        person signing:
14                (i) has been informed concerning and consents
15            to the student participating in returning to play
16            in accordance with the return-to-play and
17            return-to-learn protocols;
18                (ii) understands the risks associated with the
19            student returning to play and returning to learn
20            and will comply with any ongoing requirements in
21            the return-to-play and return-to-learn protocols;
22            and
23                (iii) consents to the disclosure to
24            appropriate persons, consistent with the federal
25            Health Insurance Portability and Accountability
26            Act of 1996 (Public Law 104-191), of the treating

 

 

HB5540 Engrossed- 613 -LRB099 16003 AMC 40320 b

1            physician's or athletic trainer's written
2            statement under subdivision (4) of this subsection
3            (g) and, if any, the return-to-play and
4            return-to-learn recommendations of the treating
5            physician or the athletic trainer, as the case may
6            be.
7    A coach of an interscholastic athletics team may not
8authorize a student's return to play or return to learn.
9    The district superintendent or the superintendent's
10designee in the case of a public elementary or secondary
11school, the chief school administrator or that person's
12designee in the case of a charter school, or the appropriate
13administrative officer or that person's designee in the case of
14a private school shall supervise an athletic trainer or other
15person responsible for compliance with the return-to-play
16protocol and shall supervise the person responsible for
17compliance with the return-to-learn protocol. The person who
18has supervisory responsibilities under this paragraph may not
19be a coach of an interscholastic athletics team.
20    (h)(1) The Illinois High School Association shall approve,
21for coaches and game officials of interscholastic athletic
22activities, training courses that provide for not less than 2
23hours of training in the subject matter of concussions,
24including evaluation, prevention, symptoms, risks, and
25long-term effects. The Association shall maintain an updated
26list of individuals and organizations authorized by the

 

 

HB5540 Engrossed- 614 -LRB099 16003 AMC 40320 b

1Association to provide the training.
2    (2) The following persons must take a training course in
3accordance with paragraph (4) of this subsection (h) from an
4authorized training provider at least once every 2 years:
5        (A) a coach of an interscholastic athletic activity;
6        (B) a nurse who serves as a member of a concussion
7    oversight team and is an employee, representative, or agent
8    of a school;
9        (C) a game official of an interscholastic athletic
10    activity; and
11        (D) a nurse who serves on a volunteer basis as a member
12    of a concussion oversight team for a school.
13    (3) A physician who serves as a member of a concussion
14oversight team shall, to the greatest extent practicable,
15periodically take an appropriate continuing medical education
16course in the subject matter of concussions.
17    (4) For purposes of paragraph (2) of this subsection (h):
18        (A) a coach or game officials, as the case may be, must
19    take a course described in paragraph (1) of this subsection
20    (h).
21        (B) an athletic trainer must take a concussion-related
22    continuing education course from an athletic trainer
23    continuing education sponsor approved by the Department;
24    and
25        (C) a nurse must take a course concerning the subject
26    matter of concussions that has been approved for continuing

 

 

HB5540 Engrossed- 615 -LRB099 16003 AMC 40320 b

1    education credit by the Department.
2    (5) Each person described in paragraph (2) of this
3subsection (h) must submit proof of timely completion of an
4approved course in compliance with paragraph (4) of this
5subsection (h) to the district superintendent or the
6superintendent's designee in the case of a public elementary or
7secondary school, the chief school administrator or that
8person's designee in the case of a charter school, or the
9appropriate administrative officer or that person's designee
10in the case of a private school.
11    (6) A physician, athletic trainer, or nurse who is not in
12compliance with the training requirements under this
13subsection (h) may not serve on a concussion oversight team in
14any capacity.
15    (7) A person required under this subsection (h) to take a
16training course in the subject of concussions must initially
17complete the training not later than September 1, 2016.
18    (i) The governing body of each public or charter school and
19the appropriate administrative officer of a private school with
20students enrolled who participate in an interscholastic
21athletic activity shall develop a school-specific emergency
22action plan for interscholastic athletic activities to address
23the serious injuries and acute medical conditions in which the
24condition of the student may deteriorate rapidly. The plan
25shall include a delineation of roles, methods of communication,
26available emergency equipment, and access to and a plan for

 

 

HB5540 Engrossed- 616 -LRB099 16003 AMC 40320 b

1emergency transport. This emergency action plan must be:
2        (1) in writing;
3        (2) reviewed by the concussion oversight team;
4        (3) approved by the district superintendent or the
5    superintendent's designee in the case of a public
6    elementary or secondary school, the chief school
7    administrator or that person's designee in the case of a
8    charter school, or the appropriate administrative officer
9    or that person's designee in the case of a private school;
10        (4) distributed to all appropriate personnel;
11        (5) posted conspicuously at all venues utilized by the
12    school; and
13        (6) reviewed annually by all athletic trainers, first
14    responders, coaches, school nurses, athletic directors,
15    and volunteers for interscholastic athletic activities.
16    (j) The State Board of Education may adopt rules as
17necessary to administer this Section.
18(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15.)
 
19    (105 ILCS 5/22-81)
20    Sec. 22-81 22-80. Heroin and opioid prevention pilot
21program. By January 1, 2017, the State Board of Education and
22the Department of Human Services shall develop and establish a
233-year heroin and opioid drug prevention pilot program that
24offers educational materials and instruction on heroin and
25opioid abuse to all school districts in the State for use at

 

 

HB5540 Engrossed- 617 -LRB099 16003 AMC 40320 b

1their respective public elementary and secondary schools. A
2school district's participation in the pilot program shall be
3voluntary. Subject to appropriation, the Department of Human
4Services shall reimburse a school district that decides to
5participate in the pilot program for any costs it incurs in
6connection with its participation in the pilot program. Each
7school district that participates in the pilot program shall
8have the discretion to determine which grade levels the school
9district will instruct under the program.
10    The pilot program must use effective, research-proven,
11interactive teaching methods and technologies, and must
12provide students, parents, and school staff with scientific,
13social, and emotional learning content to help them understand
14the risk of drug use. Such learning content must specifically
15target the dangers of prescription pain medication and heroin
16abuse. The Department may contract with a health education
17organization to fulfill the requirements of the pilot program.
18    The State Board of Education, the Department of Human
19Services, and any contracted organization shall submit an
20annual report to the General Assembly that includes: (i) a list
21of school districts participating in the pilot program; (ii)
22the grade levels each school district instructs under the pilot
23program; and (iii) any findings regarding the effectiveness of
24the pilot program.
25(Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)
 

 

 

HB5540 Engrossed- 618 -LRB099 16003 AMC 40320 b

1    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
2    Sec. 27-8.1. Health examinations and immunizations.
3    (1) In compliance with rules and regulations which the
4Department of Public Health shall promulgate, and except as
5hereinafter provided, all children in Illinois shall have a
6health examination as follows: within one year prior to
7entering kindergarten or the first grade of any public,
8private, or parochial elementary school; upon entering the
9sixth and ninth grades of any public, private, or parochial
10school; prior to entrance into any public, private, or
11parochial nursery school; and, irrespective of grade,
12immediately prior to or upon entrance into any public, private,
13or parochial school or nursery school, each child shall present
14proof of having been examined in accordance with this Section
15and the rules and regulations promulgated hereunder. Any child
16who received a health examination within one year prior to
17entering the fifth grade for the 2007-2008 school year is not
18required to receive an additional health examination in order
19to comply with the provisions of Public Act 95-422 when he or
20she attends school for the 2008-2009 school year, unless the
21child is attending school for the first time as provided in
22this paragraph.
23    A tuberculosis skin test screening shall be included as a
24required part of each health examination included under this
25Section if the child resides in an area designated by the
26Department of Public Health as having a high incidence of

 

 

HB5540 Engrossed- 619 -LRB099 16003 AMC 40320 b

1tuberculosis. Additional health examinations of pupils,
2including eye examinations, may be required when deemed
3necessary by school authorities. Parents are encouraged to have
4their children undergo eye examinations at the same points in
5time required for health examinations.
6    (1.5) In compliance with rules adopted by the Department of
7Public Health and except as otherwise provided in this Section,
8all children in kindergarten and the second and sixth grades of
9any public, private, or parochial school shall have a dental
10examination. Each of these children shall present proof of
11having been examined by a dentist in accordance with this
12Section and rules adopted under this Section before May 15th of
13the school year. If a child in the second or sixth grade fails
14to present proof by May 15th, the school may hold the child's
15report card until one of the following occurs: (i) the child
16presents proof of a completed dental examination or (ii) the
17child presents proof that a dental examination will take place
18within 60 days after May 15th. The Department of Public Health
19shall establish, by rule, a waiver for children who show an
20undue burden or a lack of access to a dentist. Each public,
21private, and parochial school must give notice of this dental
22examination requirement to the parents and guardians of
23students at least 60 days before May 15th of each school year.
24    (1.10) Except as otherwise provided in this Section, all
25children enrolling in kindergarten in a public, private, or
26parochial school on or after the effective date of this

 

 

HB5540 Engrossed- 620 -LRB099 16003 AMC 40320 b

1amendatory Act of the 95th General Assembly and any student
2enrolling for the first time in a public, private, or parochial
3school on or after the effective date of this amendatory Act of
4the 95th General Assembly shall have an eye examination. Each
5of these children shall present proof of having been examined
6by a physician licensed to practice medicine in all of its
7branches or a licensed optometrist within the previous year, in
8accordance with this Section and rules adopted under this
9Section, before October 15th of the school year. If the child
10fails to present proof by October 15th, the school may hold the
11child's report card until one of the following occurs: (i) the
12child presents proof of a completed eye examination or (ii) the
13child presents proof that an eye examination will take place
14within 60 days after October 15th. The Department of Public
15Health shall establish, by rule, a waiver for children who show
16an undue burden or a lack of access to a physician licensed to
17practice medicine in all of its branches who provides eye
18examinations or to a licensed optometrist. Each public,
19private, and parochial school must give notice of this eye
20examination requirement to the parents and guardians of
21students in compliance with rules of the Department of Public
22Health. Nothing in this Section shall be construed to allow a
23school to exclude a child from attending because of a parent's
24or guardian's failure to obtain an eye examination for the
25child.
26    (2) The Department of Public Health shall promulgate rules

 

 

HB5540 Engrossed- 621 -LRB099 16003 AMC 40320 b

1and regulations specifying the examinations and procedures
2that constitute a health examination, which shall include the
3collection of data relating to obesity (including at a minimum,
4date of birth, gender, height, weight, blood pressure, and date
5of exam), and a dental examination and may recommend by rule
6that certain additional examinations be performed. The rules
7and regulations of the Department of Public Health shall
8specify that a tuberculosis skin test screening shall be
9included as a required part of each health examination included
10under this Section if the child resides in an area designated
11by the Department of Public Health as having a high incidence
12of tuberculosis. The Department of Public Health shall specify
13that a diabetes screening as defined by rule shall be included
14as a required part of each health examination. Diabetes testing
15is not required.
16    Physicians licensed to practice medicine in all of its
17branches, licensed advanced practice nurses, or licensed
18physician assistants shall be responsible for the performance
19of the health examinations, other than dental examinations, eye
20examinations, and vision and hearing screening, and shall sign
21all report forms required by subsection (4) of this Section
22that pertain to those portions of the health examination for
23which the physician, advanced practice nurse, or physician
24assistant is responsible. If a registered nurse performs any
25part of a health examination, then a physician licensed to
26practice medicine in all of its branches must review and sign

 

 

HB5540 Engrossed- 622 -LRB099 16003 AMC 40320 b

1all required report forms. Licensed dentists shall perform all
2dental examinations and shall sign all report forms required by
3subsection (4) of this Section that pertain to the dental
4examinations. Physicians licensed to practice medicine in all
5its branches or licensed optometrists shall perform all eye
6examinations required by this Section and shall sign all report
7forms required by subsection (4) of this Section that pertain
8to the eye examination. For purposes of this Section, an eye
9examination shall at a minimum include history, visual acuity,
10subjective refraction to best visual acuity near and far,
11internal and external examination, and a glaucoma evaluation,
12as well as any other tests or observations that in the
13professional judgment of the doctor are necessary. Vision and
14hearing screening tests, which shall not be considered
15examinations as that term is used in this Section, shall be
16conducted in accordance with rules and regulations of the
17Department of Public Health, and by individuals whom the
18Department of Public Health has certified. In these rules and
19regulations, the Department of Public Health shall require that
20individuals conducting vision screening tests give a child's
21parent or guardian written notification, before the vision
22screening is conducted, that states, "Vision screening is not a
23substitute for a complete eye and vision evaluation by an eye
24doctor. Your child is not required to undergo this vision
25screening if an optometrist or ophthalmologist has completed
26and signed a report form indicating that an examination has

 

 

HB5540 Engrossed- 623 -LRB099 16003 AMC 40320 b

1been administered within the previous 12 months."
2    (3) Every child shall, at or about the same time as he or
3she receives a health examination required by subsection (1) of
4this Section, present to the local school proof of having
5received such immunizations against preventable communicable
6diseases as the Department of Public Health shall require by
7rules and regulations promulgated pursuant to this Section and
8the Communicable Disease Prevention Act.
9    (4) The individuals conducting the health examination,
10dental examination, or eye examination shall record the fact of
11having conducted the examination, and such additional
12information as required, including for a health examination
13data relating to obesity (including at a minimum, date of
14birth, gender, height, weight, blood pressure, and date of
15exam), on uniform forms which the Department of Public Health
16and the State Board of Education shall prescribe for statewide
17use. The examiner shall summarize on the report form any
18condition that he or she suspects indicates a need for special
19services, including for a health examination factors relating
20to obesity. The individuals confirming the administration of
21required immunizations shall record as indicated on the form
22that the immunizations were administered.
23    (5) If a child does not submit proof of having had either
24the health examination or the immunization as required, then
25the child shall be examined or receive the immunization, as the
26case may be, and present proof by October 15 of the current

 

 

HB5540 Engrossed- 624 -LRB099 16003 AMC 40320 b

1school year, or by an earlier date of the current school year
2established by a school district. To establish a date before
3October 15 of the current school year for the health
4examination or immunization as required, a school district must
5give notice of the requirements of this Section 60 days prior
6to the earlier established date. If for medical reasons one or
7more of the required immunizations must be given after October
815 of the current school year, or after an earlier established
9date of the current school year, then the child shall present,
10by October 15, or by the earlier established date, a schedule
11for the administration of the immunizations and a statement of
12the medical reasons causing the delay, both the schedule and
13the statement being issued by the physician, advanced practice
14nurse, physician assistant, registered nurse, or local health
15department that will be responsible for administration of the
16remaining required immunizations. If a child does not comply by
17October 15, or by the earlier established date of the current
18school year, with the requirements of this subsection, then the
19local school authority shall exclude that child from school
20until such time as the child presents proof of having had the
21health examination as required and presents proof of having
22received those required immunizations which are medically
23possible to receive immediately. During a child's exclusion
24from school for noncompliance with this subsection, the child's
25parents or legal guardian shall be considered in violation of
26Section 26-1 and subject to any penalty imposed by Section

 

 

HB5540 Engrossed- 625 -LRB099 16003 AMC 40320 b

126-10. This subsection (5) does not apply to dental
2examinations and eye examinations. If the student is an
3out-of-state transfer student and does not have the proof
4required under this subsection (5) before October 15 of the
5current year or whatever date is set by the school district,
6then he or she may only attend classes (i) if he or she has
7proof that an appointment for the required vaccinations has
8been scheduled with a party authorized to submit proof of the
9required vaccinations. If the proof of vaccination required
10under this subsection (5) is not submitted within 30 days after
11the student is permitted to attend classes, then the student is
12not to be permitted to attend classes until proof of the
13vaccinations has been properly submitted. No school district or
14employee of a school district shall be held liable for any
15injury or illness to another person that results from admitting
16an out-of-state transfer student to class that has an
17appointment scheduled pursuant to this subsection (5).
18    (6) Every school shall report to the State Board of
19Education by November 15, in the manner which that agency shall
20require, the number of children who have received the necessary
21immunizations and the health examination (other than a dental
22examination or eye examination) as required, indicating, of
23those who have not received the immunizations and examination
24as required, the number of children who are exempt from health
25examination and immunization requirements on religious or
26medical grounds as provided in subsection (8). On or before

 

 

HB5540 Engrossed- 626 -LRB099 16003 AMC 40320 b

1December 1 of each year, every public school district and
2registered nonpublic school shall make publicly available the
3immunization data they are required to submit to the State
4Board of Education by November 15. The immunization data made
5publicly available must be identical to the data the school
6district or school has reported to the State Board of
7Education.
8    Every school shall report to the State Board of Education
9by June 30, in the manner that the State Board requires, the
10number of children who have received the required dental
11examination, indicating, of those who have not received the
12required dental examination, the number of children who are
13exempt from the dental examination on religious grounds as
14provided in subsection (8) of this Section and the number of
15children who have received a waiver under subsection (1.5) of
16this Section.
17    Every school shall report to the State Board of Education
18by June 30, in the manner that the State Board requires, the
19number of children who have received the required eye
20examination, indicating, of those who have not received the
21required eye examination, the number of children who are exempt
22from the eye examination as provided in subsection (8) of this
23Section, the number of children who have received a waiver
24under subsection (1.10) of this Section, and the total number
25of children in noncompliance with the eye examination
26requirement.

 

 

HB5540 Engrossed- 627 -LRB099 16003 AMC 40320 b

1    The reported information under this subsection (6) shall be
2provided to the Department of Public Health by the State Board
3of Education.
4    (7) Upon determining that the number of pupils who are
5required to be in compliance with subsection (5) of this
6Section is below 90% of the number of pupils enrolled in the
7school district, 10% of each State aid payment made pursuant to
8Section 18-8.05 to the school district for such year may be
9withheld by the State Board of Education until the number of
10students in compliance with subsection (5) is the applicable
11specified percentage or higher.
12    (8) Children of parents or legal guardians who object to
13health, dental, or eye examinations or any part thereof, to
14immunizations, or to vision and hearing screening tests on
15religious grounds shall not be required to undergo the
16examinations, tests, or immunizations to which they so object
17if such parents or legal guardians present to the appropriate
18local school authority a signed Certificate of Religious
19Exemption detailing the grounds for objection and the specific
20immunizations, tests, or examinations to which they object. The
21grounds for objection must set forth the specific religious
22belief that conflicts with the examination, test,
23immunization, or other medical intervention. The signed
24certificate shall also reflect the parent's or legal guardian's
25understanding of the school's exclusion policies in the case of
26a vaccine-preventable disease outbreak or exposure. The

 

 

HB5540 Engrossed- 628 -LRB099 16003 AMC 40320 b

1certificate must also be signed by the authorized examining
2health care provider responsible for the performance of the
3child's health examination confirming that the provider
4provided education to the parent or legal guardian on the
5benefits of immunization and the health risks to the student
6and to the community of the communicable diseases for which
7immunization is required in this State. However, the health
8care provider's signature on the certificate reflects only that
9education was provided and does not allow a health care
10provider grounds to determine a religious exemption. Those
11receiving immunizations required under this Code shall be
12provided with the relevant vaccine information statements that
13are required to be disseminated by the federal National
14Childhood Vaccine Injury Act of 1986, which may contain
15information on circumstances when a vaccine should not be
16administered, prior to administering a vaccine. A healthcare
17provider may consider including without limitation the
18nationally accepted recommendations from federal agencies such
19as the Advisory Committee on Immunization Practices, the
20information outlined in the relevant vaccine information
21statement, and vaccine package inserts, along with the
22healthcare provider's clinical judgment, to determine whether
23any child may be more susceptible to experiencing an adverse
24vaccine reaction than the general population, and, if so, the
25healthcare provider may exempt the child from an immunization
26or adopt an individualized immunization schedule. The

 

 

HB5540 Engrossed- 629 -LRB099 16003 AMC 40320 b

1Certificate of Religious Exemption shall be created by the
2Department of Public Health and shall be made available and
3used by parents and legal guardians by the beginning of the
42015-2016 school year. Parents or legal guardians must submit
5the Certificate of Religious Exemption to their local school
6authority prior to entering kindergarten, sixth grade, and
7ninth grade for each child for which they are requesting an
8exemption. The religious objection stated need not be directed
9by the tenets of an established religious organization.
10However, general philosophical or moral reluctance to allow
11physical examinations, eye examinations, immunizations, vision
12and hearing screenings, or dental examinations does not provide
13a sufficient basis for an exception to statutory requirements.
14The local school authority is responsible for determining if
15the content of the Certificate of Religious Exemption
16constitutes a valid religious objection. The local school
17authority shall inform the parent or legal guardian of
18exclusion procedures, in accordance with the Department's
19rules under Part 690 of Title 77 of the Illinois Administrative
20Code, at the time the objection is presented.
21    If the physical condition of the child is such that any one
22or more of the immunizing agents should not be administered,
23the examining physician, advanced practice nurse, or physician
24assistant responsible for the performance of the health
25examination shall endorse that fact upon the health examination
26form.

 

 

HB5540 Engrossed- 630 -LRB099 16003 AMC 40320 b

1    Exempting a child from the health, dental, or eye
2examination does not exempt the child from participation in the
3program of physical education training provided in Sections
427-5 through 27-7 of this Code.
5    (9) For the purposes of this Section, "nursery schools"
6means those nursery schools operated by elementary school
7systems or secondary level school units or institutions of
8higher learning.
9(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1099-249, eff. 8-3-15; revised 10-21-15.)
 
11    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
12    Sec. 27-24.2. Safety education; driver education course.
13Instruction shall be given in safety education in each of
14grades one through though 8, equivalent to one class period
15each week, and any school district which maintains grades 9
16through 12 shall offer a driver education course in any such
17school which it operates. Its curriculum shall include content
18dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois
19Vehicle Code, the rules adopted pursuant to those Chapters
20insofar as they pertain to the operation of motor vehicles, and
21the portions of the Litter Control Act relating to the
22operation of motor vehicles. The course of instruction given in
23grades 10 through 12 shall include an emphasis on the
24development of knowledge, attitudes, habits, and skills
25necessary for the safe operation of motor vehicles, including

 

 

HB5540 Engrossed- 631 -LRB099 16003 AMC 40320 b

1motorcycles insofar as they can be taught in the classroom, and
2instruction on distracted driving as a major traffic safety
3issue. In addition, the course shall include instruction on
4special hazards existing at and required safety and driving
5precautions that must be observed at emergency situations,
6highway construction and maintenance zones, and railroad
7crossings and the approaches thereto. The course of instruction
8required of each eligible student at the high school level
9shall consist of a minimum of 30 clock hours of classroom
10instruction and a minimum of 6 clock hours of individual
11behind-the-wheel instruction in a dual control car on public
12roadways taught by a driver education instructor endorsed by
13the State Board of Education. Both the classroom instruction
14part and the practice driving part of such driver education
15course shall be open to a resident or non-resident student
16attending a non-public school in the district wherein the
17course is offered. Each student attending any public or
18non-public high school in the district must receive a passing
19grade in at least 8 courses during the previous 2 semesters
20prior to enrolling in a driver education course, or the student
21shall not be permitted to enroll in the course; provided that
22the local superintendent of schools (with respect to a student
23attending a public high school in the district) or chief school
24administrator (with respect to a student attending a non-public
25high school in the district) may waive the requirement if the
26superintendent or chief school administrator, as the case may

 

 

HB5540 Engrossed- 632 -LRB099 16003 AMC 40320 b

1be, deems it to be in the best interest of the student. A
2student may be allowed to commence the classroom instruction
3part of such driver education course prior to reaching age 15
4if such student then will be eligible to complete the entire
5course within 12 months after being allowed to commence such
6classroom instruction.
7    Such a course may be commenced immediately after the
8completion of a prior course. Teachers of such courses shall
9meet the certification requirements of this Act and regulations
10of the State Board as to qualifications.
11    Subject to rules of the State Board of Education, the
12school district may charge a reasonable fee, not to exceed $50,
13to students who participate in the course, unless a student is
14unable to pay for such a course, in which event the fee for
15such a student must be waived. However, the district may
16increase this fee to an amount not to exceed $250 by school
17board resolution following a public hearing on the increase,
18which increased fee must be waived for students who participate
19in the course and are unable to pay for the course. The total
20amount from driver education fees and reimbursement from the
21State for driver education must not exceed the total cost of
22the driver education program in any year and must be deposited
23into the school district's driver education fund as a separate
24line item budget entry. All moneys deposited into the school
25district's driver education fund must be used solely for the
26funding of a high school driver education program approved by

 

 

HB5540 Engrossed- 633 -LRB099 16003 AMC 40320 b

1the State Board of Education that uses driver education
2instructors endorsed by the State Board of Education.
3(Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11;
4revised 10-21-15.)
 
5    (105 ILCS 5/27A-5)
6    (Text of Section before amendment by P.A. 99-456)
7    Sec. 27A-5. Charter school; legal entity; requirements.
8    (a) A charter school shall be a public, nonsectarian,
9nonreligious, non-home based, and non-profit school. A charter
10school shall be organized and operated as a nonprofit
11corporation or other discrete, legal, nonprofit entity
12authorized under the laws of the State of Illinois.
13    (b) A charter school may be established under this Article
14by creating a new school or by converting an existing public
15school or attendance center to charter school status. Beginning
16on April 16, 2003 (the effective date of Public Act 93-3) this
17amendatory Act of the 93rd General Assembly, in all new
18applications to establish a charter school in a city having a
19population exceeding 500,000, operation of the charter school
20shall be limited to one campus. The changes made to this
21Section by Public Act 93-3 this amendatory Act of the 93rd
22General Assembly do not apply to charter schools existing or
23approved on or before April 16, 2003 (the effective date of
24Public Act 93-3) this amendatory Act.
25    (b-5) In this subsection (b-5), "virtual-schooling" means

 

 

HB5540 Engrossed- 634 -LRB099 16003 AMC 40320 b

1a cyber school where students engage in online curriculum and
2instruction via the Internet and electronic communication with
3their teachers at remote locations and with students
4participating at different times.
5    From April 1, 2013 through December 31, 2016, there is a
6moratorium on the establishment of charter schools with
7virtual-schooling components in school districts other than a
8school district organized under Article 34 of this Code. This
9moratorium does not apply to a charter school with
10virtual-schooling components existing or approved prior to
11April 1, 2013 or to the renewal of the charter of a charter
12school with virtual-schooling components already approved
13prior to April 1, 2013.
14    On or before March 1, 2014, the Commission shall submit to
15the General Assembly a report on the effect of
16virtual-schooling, including without limitation the effect on
17student performance, the costs associated with
18virtual-schooling, and issues with oversight. The report shall
19include policy recommendations for virtual-schooling.
20    (c) A charter school shall be administered and governed by
21its board of directors or other governing body in the manner
22provided in its charter. The governing body of a charter school
23shall be subject to the Freedom of Information Act and the Open
24Meetings Act.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

HB5540 Engrossed- 635 -LRB099 16003 AMC 40320 b

1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and school
5personnel. "Non-curricular health and safety requirement" does
6not include any course of study or specialized instructional
7requirement for which the State Board has established goals and
8learning standards or which is designed primarily to impart
9knowledge and skills for students to master and apply as an
10outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall be
17updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

HB5540 Engrossed- 636 -LRB099 16003 AMC 40320 b

1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. To ensure financial accountability for the use of
13public funds, on or before December 1 of every year of
14operation, each charter school shall submit to its authorizer
15and the State Board a copy of its audit and a copy of the Form
16990 the charter school filed that year with the federal
17Internal Revenue Service. In addition, if deemed necessary for
18proper financial oversight of the charter school, an authorizer
19may require quarterly financial statements from each charter
20school.
21    (g) A charter school shall comply with all provisions of
22this Article, the Illinois Educational Labor Relations Act, all
23federal and State laws and rules applicable to public schools
24that pertain to special education and the instruction of
25English learners, and its charter. A charter school is exempt
26from all other State laws and regulations in this Code

 

 

HB5540 Engrossed- 637 -LRB099 16003 AMC 40320 b

1governing public schools and local school board policies;
2however, a charter school is not exempt from the following:
3        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
4    criminal history records checks and checks of the Statewide
5    Sex Offender Database and Statewide Murderer and Violent
6    Offender Against Youth Database of applicants for
7    employment;
8        (2) Sections 24-24 and 34-84A of this Code regarding
9    discipline of students;
10        (3) the Local Governmental and Governmental Employees
11    Tort Immunity Act;
12        (4) Section 108.75 of the General Not For Profit
13    Corporation Act of 1986 regarding indemnification of
14    officers, directors, employees, and agents;
15        (5) the Abused and Neglected Child Reporting Act;
16        (6) the Illinois School Student Records Act;
17        (7) Section 10-17a of this Code regarding school report
18    cards;
19        (8) the P-20 Longitudinal Education Data System Act;
20        (9) Section 27-23.7 of this Code regarding bullying
21    prevention; and
22        (10) Section 2-3.162 of this Code regarding student
23    discipline reporting; and
24        (11) Section 22-80 of this Code.
25    The change made by Public Act 96-104 to this subsection (g)
26is declaratory of existing law.

 

 

HB5540 Engrossed- 638 -LRB099 16003 AMC 40320 b

1    (h) A charter school may negotiate and contract with a
2school district, the governing body of a State college or
3university or public community college, or any other public or
4for-profit or nonprofit private entity for: (i) the use of a
5school building and grounds or any other real property or
6facilities that the charter school desires to use or convert
7for use as a charter school site, (ii) the operation and
8maintenance thereof, and (iii) the provision of any service,
9activity, or undertaking that the charter school is required to
10perform in order to carry out the terms of its charter.
11However, a charter school that is established on or after April
1216, 2003 (the effective date of Public Act 93-3) this
13amendatory Act of the 93rd General Assembly and that operates
14in a city having a population exceeding 500,000 may not
15contract with a for-profit entity to manage or operate the
16school during the period that commences on April 16, 2003 (the
17effective date of Public Act 93-3) this amendatory Act of the
1893rd General Assembly and concludes at the end of the 2004-2005
19school year. Except as provided in subsection (i) of this
20Section, a school district may charge a charter school
21reasonable rent for the use of the district's buildings,
22grounds, and facilities. Any services for which a charter
23school contracts with a school district shall be provided by
24the district at cost. Any services for which a charter school
25contracts with a local school board or with the governing body
26of a State college or university or public community college

 

 

HB5540 Engrossed- 639 -LRB099 16003 AMC 40320 b

1shall be provided by the public entity at cost.
2    (i) In no event shall a charter school that is established
3by converting an existing school or attendance center to
4charter school status be required to pay rent for space that is
5deemed available, as negotiated and provided in the charter
6agreement, in school district facilities. However, all other
7costs for the operation and maintenance of school district
8facilities that are used by the charter school shall be subject
9to negotiation between the charter school and the local school
10board and shall be set forth in the charter.
11    (j) A charter school may limit student enrollment by age or
12grade level.
13    (k) If the charter school is approved by the Commission,
14then the Commission charter school is its own local education
15agency.
16(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
17eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1898-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
197-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
208-10-15; revised 10-19-15.)
 
21    (Text of Section after amendment by P.A. 99-456)
22    Sec. 27A-5. Charter school; legal entity; requirements.
23    (a) A charter school shall be a public, nonsectarian,
24nonreligious, non-home based, and non-profit school. A charter
25school shall be organized and operated as a nonprofit

 

 

HB5540 Engrossed- 640 -LRB099 16003 AMC 40320 b

1corporation or other discrete, legal, nonprofit entity
2authorized under the laws of the State of Illinois.
3    (b) A charter school may be established under this Article
4by creating a new school or by converting an existing public
5school or attendance center to charter school status. Beginning
6on April 16, 2003 (the effective date of Public Act 93-3) this
7amendatory Act of the 93rd General Assembly, in all new
8applications to establish a charter school in a city having a
9population exceeding 500,000, operation of the charter school
10shall be limited to one campus. The changes made to this
11Section by Public Act 93-3 this amendatory Act of the 93rd
12General Assembly do not apply to charter schools existing or
13approved on or before April 16, 2003 (the effective date of
14Public Act 93-3) this amendatory Act.
15    (b-5) In this subsection (b-5), "virtual-schooling" means
16a cyber school where students engage in online curriculum and
17instruction via the Internet and electronic communication with
18their teachers at remote locations and with students
19participating at different times.
20    From April 1, 2013 through December 31, 2016, there is a
21moratorium on the establishment of charter schools with
22virtual-schooling components in school districts other than a
23school district organized under Article 34 of this Code. This
24moratorium does not apply to a charter school with
25virtual-schooling components existing or approved prior to
26April 1, 2013 or to the renewal of the charter of a charter

 

 

HB5540 Engrossed- 641 -LRB099 16003 AMC 40320 b

1school with virtual-schooling components already approved
2prior to April 1, 2013.
3    On or before March 1, 2014, the Commission shall submit to
4the General Assembly a report on the effect of
5virtual-schooling, including without limitation the effect on
6student performance, the costs associated with
7virtual-schooling, and issues with oversight. The report shall
8include policy recommendations for virtual-schooling.
9    (c) A charter school shall be administered and governed by
10its board of directors or other governing body in the manner
11provided in its charter. The governing body of a charter school
12shall be subject to the Freedom of Information Act and the Open
13Meetings Act.
14    (d) For purposes of this subsection (d), "non-curricular
15health and safety requirement" means any health and safety
16requirement created by statute or rule to provide, maintain,
17preserve, or safeguard safe or healthful conditions for
18students and school personnel or to eliminate, reduce, or
19prevent threats to the health and safety of students and school
20personnel. "Non-curricular health and safety requirement" does
21not include any course of study or specialized instructional
22requirement for which the State Board has established goals and
23learning standards or which is designed primarily to impart
24knowledge and skills for students to master and apply as an
25outcome of their education.
26    A charter school shall comply with all non-curricular

 

 

HB5540 Engrossed- 642 -LRB099 16003 AMC 40320 b

1health and safety requirements applicable to public schools
2under the laws of the State of Illinois. On or before September
31, 2015, the State Board shall promulgate and post on its
4Internet website a list of non-curricular health and safety
5requirements that a charter school must meet. The list shall be
6updated annually no later than September 1. Any charter
7contract between a charter school and its authorizer must
8contain a provision that requires the charter school to follow
9the list of all non-curricular health and safety requirements
10promulgated by the State Board and any non-curricular health
11and safety requirements added by the State Board to such list
12during the term of the charter. Nothing in this subsection (d)
13precludes an authorizer from including non-curricular health
14and safety requirements in a charter school contract that are
15not contained in the list promulgated by the State Board,
16including non-curricular health and safety requirements of the
17authorizing local school board.
18    (e) Except as otherwise provided in the School Code, a
19charter school shall not charge tuition; provided that a
20charter school may charge reasonable fees for textbooks,
21instructional materials, and student activities.
22    (f) A charter school shall be responsible for the
23management and operation of its fiscal affairs including, but
24not limited to, the preparation of its budget. An audit of each
25charter school's finances shall be conducted annually by an
26outside, independent contractor retained by the charter

 

 

HB5540 Engrossed- 643 -LRB099 16003 AMC 40320 b

1school. To ensure financial accountability for the use of
2public funds, on or before December 1 of every year of
3operation, each charter school shall submit to its authorizer
4and the State Board a copy of its audit and a copy of the Form
5990 the charter school filed that year with the federal
6Internal Revenue Service. In addition, if deemed necessary for
7proper financial oversight of the charter school, an authorizer
8may require quarterly financial statements from each charter
9school.
10    (g) A charter school shall comply with all provisions of
11this Article, the Illinois Educational Labor Relations Act, all
12federal and State laws and rules applicable to public schools
13that pertain to special education and the instruction of
14English learners, and its charter. A charter school is exempt
15from all other State laws and regulations in this Code
16governing public schools and local school board policies;
17however, a charter school is not exempt from the following:
18        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
19    criminal history records checks and checks of the Statewide
20    Sex Offender Database and Statewide Murderer and Violent
21    Offender Against Youth Database of applicants for
22    employment;
23        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
24    34-84a of this Code regarding discipline of students;
25        (3) the Local Governmental and Governmental Employees
26    Tort Immunity Act;

 

 

HB5540 Engrossed- 644 -LRB099 16003 AMC 40320 b

1        (4) Section 108.75 of the General Not For Profit
2    Corporation Act of 1986 regarding indemnification of
3    officers, directors, employees, and agents;
4        (5) the Abused and Neglected Child Reporting Act;
5        (6) the Illinois School Student Records Act;
6        (7) Section 10-17a of this Code regarding school report
7    cards;
8        (8) the P-20 Longitudinal Education Data System Act;
9        (9) Section 27-23.7 of this Code regarding bullying
10    prevention; and
11        (10) Section 2-3.162 of this Code regarding student
12    discipline reporting; and
13        (11) Section 22-80 of this Code.
14    The change made by Public Act 96-104 to this subsection (g)
15is declaratory of existing law.
16    (h) A charter school may negotiate and contract with a
17school district, the governing body of a State college or
18university or public community college, or any other public or
19for-profit or nonprofit private entity for: (i) the use of a
20school building and grounds or any other real property or
21facilities that the charter school desires to use or convert
22for use as a charter school site, (ii) the operation and
23maintenance thereof, and (iii) the provision of any service,
24activity, or undertaking that the charter school is required to
25perform in order to carry out the terms of its charter.
26However, a charter school that is established on or after April

 

 

HB5540 Engrossed- 645 -LRB099 16003 AMC 40320 b

116, 2003 (the effective date of Public Act 93-3) this
2amendatory Act of the 93rd General Assembly and that operates
3in a city having a population exceeding 500,000 may not
4contract with a for-profit entity to manage or operate the
5school during the period that commences on April 16, 2003 (the
6effective date of Public Act 93-3) this amendatory Act of the
793rd General Assembly and concludes at the end of the 2004-2005
8school year. Except as provided in subsection (i) of this
9Section, a school district may charge a charter school
10reasonable rent for the use of the district's buildings,
11grounds, and facilities. Any services for which a charter
12school contracts with a school district shall be provided by
13the district at cost. Any services for which a charter school
14contracts with a local school board or with the governing body
15of a State college or university or public community college
16shall be provided by the public entity at cost.
17    (i) In no event shall a charter school that is established
18by converting an existing school or attendance center to
19charter school status be required to pay rent for space that is
20deemed available, as negotiated and provided in the charter
21agreement, in school district facilities. However, all other
22costs for the operation and maintenance of school district
23facilities that are used by the charter school shall be subject
24to negotiation between the charter school and the local school
25board and shall be set forth in the charter.
26    (j) A charter school may limit student enrollment by age or

 

 

HB5540 Engrossed- 646 -LRB099 16003 AMC 40320 b

1grade level.
2    (k) If the charter school is approved by the Commission,
3then the Commission charter school is its own local education
4agency.
5(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
6eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
798-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
87-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
98-10-15; 99-456, eff. 9-15-16; revised 10-19-15.)
 
10    (105 ILCS 5/32-5)  (from Ch. 122, par. 32-5)
11    Sec. 32-5. Bond issues - District boundaries coextensive
12with city. For the purpose of building or repairing
13schoolhouses or purchasing or improving school sites,
14including the purchase of school sites outside the boundaries
15of the school district and building school buildings thereon as
16provided by Section 10-20.10 of this Act, any special charter
17district governed by a special charter, and special or general
18school laws, whose boundaries are coextensive with or greater
19than the boundaries of any incorporated city, town or village,
20where authorized by a majority of all the votes cast on the
21proposition may borrow money and as evidence of the
22indebtedness, may issue bonds in denominations of not less than
23$100 nor more than $1,000, for a term not to exceed 20 years
24bearing interest at a rate not to exceed the maximum rate
25authorized by the Bond Authorization Act, as amended at the

 

 

HB5540 Engrossed- 647 -LRB099 16003 AMC 40320 b

1time of the making of the contract, payable annually,
2semi-annually, or quarterly, ct signed by the president and
3secretary of the school board of the district; provided, that
4the amount borrowed shall not exceed, including existing
5indebtedness, 5% of the taxable property of such school
6district, as ascertained by the last assessment for State and
7county taxes previous to incurring such indebtedness.
8    With respect to instruments for the payment of money issued
9under this Section either before, on, or after June 6, 1989
10(the effective date of Public Act 86-4) this amendatory Act of
111989, it is and always has been the intention of the General
12Assembly (i) that the Omnibus Bond Acts are and always have
13been supplementary grants of power to issue instruments in
14accordance with the Omnibus Bond Acts, regardless of any
15provision of this Act that may appear to be or to have been
16more restrictive than those Acts, (ii) that the provisions of
17this Section are not a limitation on the supplementary
18authority granted by the Omnibus Bond Acts, and (iii) that
19instruments issued under this Section within the supplementary
20authority granted by the Omnibus Bond Acts are not invalid
21because of any provision of this Act that may appear to be or
22to have been more restrictive than those Acts.
23(Source: P.A. 86-4; revised 10-9-15.)
 
24    (105 ILCS 5/34-2.4)  (from Ch. 122, par. 34-2.4)
25    Sec. 34-2.4. School improvement plan. A 3-year 3 year local

 

 

HB5540 Engrossed- 648 -LRB099 16003 AMC 40320 b

1school improvement plan shall be developed and implemented at
2each attendance center. This plan shall reflect the overriding
3purpose of the attendance center to improve educational
4quality. The local school principal shall develop a school
5improvement plan in consultation with the local school council,
6all categories of school staff, parents and community
7residents. Once the plan is developed, reviewed by the
8professional personnel leadership committee, and approved by
9the local school council, the principal shall be responsible
10for directing implementation of the plan, and the local school
11council shall monitor its implementation. After the
12termination of the initial 3-year 3 year plan, a new 3-year 3
13year plan shall be developed and modified as appropriate on an
14annual basis.
15    The school improvement plan shall be designed to achieve
16priority goals including but not limited to:
17        (a) assuring that students show significant progress
18    toward meeting and exceeding State performance standards
19    in State mandated learning areas, including the mastery of
20    higher order thinking skills in these areas;
21        (b) assuring that students attend school regularly and
22    graduate from school at such rates that the district
23    average equals or surpasses national norms;
24        (c) assuring that students are adequately prepared for
25    and aided in making a successful transition to further
26    education and life experience;

 

 

HB5540 Engrossed- 649 -LRB099 16003 AMC 40320 b

1        (d) assuring that students are adequately prepared for
2    and aided in making a successful transition to employment;
3    and
4        (e) assuring that students are, to the maximum extent
5    possible, provided with a common learning experience that
6    is of high academic quality and that reflects high
7    expectations for all students' capacities to learn.
8    With respect to these priority goals, the school
9improvement plan shall include but not be limited to the
10following:
11        (a) an analysis of data collected in the attendance
12    center and community indicating the specific strengths and
13    weaknesses of the attendance center in light of the goals
14    specified above, including data and analysis specified by
15    the State Board of Education pertaining to specific
16    measurable outcomes for student performance, the
17    attendance centers, and their instructional programs;
18        (b) a description of specific annual objectives the
19    attendance center will pursue in achieving the goals
20    specified above;
21        (c) a description of the specific activities the
22    attendance center will undertake to achieve its
23    objectives;
24        (d) an analysis of the attendance center's staffing
25    pattern and material resources, and an explanation of how
26    the attendance center's planned staffing pattern, the

 

 

HB5540 Engrossed- 650 -LRB099 16003 AMC 40320 b

1    deployment of staff, and the use of material resources
2    furthers the objectives of the plan;
3        (e) a description of the key assumptions and directions
4    of the school's curriculum and the academic and
5    non-academic programs of the attendance center, and an
6    explanation of how this curriculum and these programs
7    further the goals and objectives of the plan;
8        (f) a description of the steps that will be taken to
9    enhance educational opportunities for all students,
10    regardless of gender, including English learners, students
11    with disabilities, low-income students, and minority
12    students;
13        (g) a description of any steps which may be taken by
14    the attendance center to educate parents as to how they can
15    assist children at home in preparing their children to
16    learn effectively;
17        (h) a description of the steps the attendance center
18    will take to coordinate its efforts with, and to gain the
19    participation and support of, community residents,
20    business organizations, and other local institutions and
21    individuals;
22        (i) a description of any staff development program for
23    all school staff and volunteers tied to the priority goals,
24    objectives, and activities specified in the plan;
25        (j) a description of the steps the local school council
26    will undertake to monitor implementation of the plan on an

 

 

HB5540 Engrossed- 651 -LRB099 16003 AMC 40320 b

1    ongoing basis;
2        (k) a description of the steps the attendance center
3    will take to ensure that teachers have working conditions
4    that provide a professional environment conducive to
5    fulfilling their responsibilities;
6        (l) a description of the steps the attendance center
7    will take to ensure teachers the time and opportunity to
8    incorporate new ideas and techniques, both in subject
9    matter and teaching skills, into their own work;
10        (m) a description of the steps the attendance center
11    will take to encourage pride and positive identification
12    with the attendance center through various athletic
13    activities; and
14        (n) a description of the student need for and provision
15    of services to special populations, beyond the standard
16    school programs provided for students in grades K through
17    12 and those enumerated in the categorical programs cited
18    in item d of part 4 of Section 34-2.3, including financial
19    costs of providing same and a timeline for implementing the
20    necessary services, including but not limited, when
21    applicable, to ensuring the provisions of educational
22    services to all eligible children aged 4 years for the
23    1990-91 school year and thereafter, reducing class size to
24    State averages in grades K-3 for the 1991-92 school year
25    and thereafter and in all grades for the 1993-94 school
26    year and thereafter, and providing sufficient staff and

 

 

HB5540 Engrossed- 652 -LRB099 16003 AMC 40320 b

1    facility resources for students not served in the regular
2    classroom setting.
3    Based on the analysis of data collected indicating specific
4strengths and weaknesses of the attendance center, the school
5improvement plan may place greater emphasis from year to year
6on particular priority goals, objectives, and activities.
7(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
8revised 10-21-15.)
 
9    (105 ILCS 5/34-8.1)  (from Ch. 122, par. 34-8.1)
10    Sec. 34-8.1. Principals. Principals shall be employed to
11supervise the operation of each attendance center. Their powers
12and duties shall include but not be limited to the authority
13(i) to direct, supervise, evaluate, and suspend with or without
14pay or otherwise discipline all teachers, assistant
15principals, and other employees assigned to the attendance
16center in accordance with board rules and policies and (ii) to
17direct all other persons assigned to the attendance center
18pursuant to a contract with a third party to provide services
19to the school system. The right to employ, discharge, and
20layoff shall be vested solely with the board, provided that
21decisions to discharge or suspend non-certified employees,
22including disciplinary layoffs, and the termination of
23certified employees from employment pursuant to a layoff or
24reassignment policy are subject to review under the grievance
25resolution procedure adopted pursuant to subsection (c) of

 

 

HB5540 Engrossed- 653 -LRB099 16003 AMC 40320 b

1Section 10 of the Illinois Educational Labor Relations Act. The
2grievance resolution procedure adopted by the board shall
3provide for final and binding arbitration, and,
4notwithstanding any other provision of law to the contrary, the
5arbitrator's decision may include all make-whole relief,
6including without limitation reinstatement. The principal
7shall fill positions by appointment as provided in this Section
8and may make recommendations to the board regarding the
9employment, discharge, or layoff of any individual. The
10authority of the principal shall include the authority to
11direct the hours during which the attendance center shall be
12open and available for use provided the use complies with board
13rules and policies, to determine when and what operations shall
14be conducted within those hours, and to schedule staff within
15those hours. Under the direction of, and subject to the
16authority of the principal, the Engineer In Charge shall be
17accountable for the safe, economical operation of the plant and
18grounds and shall also be responsible for orientation,
19training, and supervising the work of Engineers, Trainees,
20school maintenance assistants, custodial workers and other
21plant operation employees under his or her direction.
22    There shall be established by the board a system of
23semi-annual evaluations conducted by the principal as to
24performance of the engineer in charge. Nothing in this Section
25shall prevent the principal from conducting additional
26evaluations. An overall numerical rating shall be given by the

 

 

HB5540 Engrossed- 654 -LRB099 16003 AMC 40320 b

1principal based on the evaluation conducted by the principal.
2An unsatisfactory numerical rating shall result in
3disciplinary action, which may include, without limitation and
4in the judgment of the principal, loss of promotion or bidding
5procedure, reprimand, suspension with or without pay, or
6recommended dismissal. The board shall establish procedures
7for conducting the evaluation and reporting the results to the
8engineer in charge.
9    Under the direction of, and subject to the authority of,
10the principal, the Food Service Manager is responsible at all
11times for the proper operation and maintenance of the lunch
12room to which he is assigned and shall also be responsible for
13the orientation, training, and supervising the work of cooks,
14bakers, porters, and lunchroom attendants under his or her
15direction.
16    There shall be established by the Board a system of
17semi-annual evaluations conducted by the principal as to the
18performance of the food service manager. Nothing in this
19Section shall prevent the principal from conducting additional
20evaluations. An overall numerical rating shall be given by the
21principal based on the evaluation conducted by the principal.
22An unsatisfactory numerical rating shall result in
23disciplinary action which may include, without limitation and
24in the judgment of the principal, loss of promotion or bidding
25procedure, reprimand, suspension with or without pay, or
26recommended dismissal. The board shall establish rules for

 

 

HB5540 Engrossed- 655 -LRB099 16003 AMC 40320 b

1conducting the evaluation and reporting the results to the food
2service manager.
3    Nothing in this Section shall be interpreted to require the
4employment or assignment of an Engineer-In-Charge or a Food
5Service Manager for each attendance center.
6    Principals shall be employed to supervise the educational
7operation of each attendance center. If a principal is absent
8due to extended illness or leave of or absence, an assistant
9principal may be assigned as acting principal for a period not
10to exceed 100 school days. Each principal shall assume
11administrative responsibility and instructional leadership, in
12accordance with reasonable rules and regulations of the board,
13for the planning, operation and evaluation of the educational
14program of the attendance center to which he is assigned. The
15principal shall submit recommendations to the general
16superintendent concerning the appointment, dismissal,
17retention, promotion, and assignment of all personnel assigned
18to the attendance center; provided, that from and after
19September 1, 1989: (i) if any vacancy occurs in a position at
20the attendance center or if an additional or new position is
21created at the attendance center, that position shall be filled
22by appointment made by the principal in accordance with
23procedures established and provided by the Board whenever the
24majority of the duties included in that position are to be
25performed at the attendance center which is under the
26principal's supervision, and each such appointment so made by

 

 

HB5540 Engrossed- 656 -LRB099 16003 AMC 40320 b

1the principal shall be made and based upon merit and ability to
2perform in that position without regard to seniority or length
3of service, provided, that such appointments shall be subject
4to the Board's desegregation obligations, including but not
5limited to the Consent Decree and Desegregation Plan in U.S. v.
6Chicago Board of Education; (ii) the principal shall submit
7recommendations based upon merit and ability to perform in the
8particular position, without regard to seniority or length of
9service, to the general superintendent concerning the
10appointment of any teacher, teacher aide, counselor, clerk,
11hall guard, security guard and any other personnel which is to
12be made by the general superintendent whenever less than a
13majority of the duties of that teacher, teacher aide,
14counselor, clerk, hall guard, and security guard and any other
15personnel are to be performed at the attendance center which is
16under the principal's supervision; and (iii) subject to law and
17the applicable collective bargaining agreements, the authority
18and responsibilities of a principal with respect to the
19evaluation of all teachers and other personnel assigned to an
20attendance center shall commence immediately upon his or her
21appointment as principal of the attendance center, without
22regard to the length of time that he or she has been the
23principal of that attendance center.
24    Notwithstanding the existence of any other law of this
25State, nothing in this Act shall prevent the board from
26entering into a contract with a third party for services

 

 

HB5540 Engrossed- 657 -LRB099 16003 AMC 40320 b

1currently performed by any employee or bargaining unit member.
2    Notwithstanding any other provision of this Article, each
3principal may approve contracts, binding on the board, in the
4amount of no more than $10,000, if the contract is endorsed by
5the Local School Council.
6    Unless otherwise prohibited by law or by rule of the board,
7the principal shall provide to local school council members
8copies of all internal audits and any other pertinent
9information generated by any audits or reviews of the programs
10and operation of the attendance center.
11    Each principal shall hold a valid administrative
12certificate issued or exchanged in accordance with Article 21
13and endorsed as required by that Article for the position of
14principal. The board may establish or impose academic,
15educational, examination, and experience requirements and
16criteria that are in addition to those established and required
17by Article 21 for issuance of a valid certificate endorsed for
18the position of principal as a condition of the nomination,
19selection, appointment, employment, or continued employment of
20a person as principal of any attendance center, or as a
21condition of the renewal of any principal's performance
22contract.
23    The board shall specify in its formal job description for
24principals, and from and after July 1, 1990 shall specify in
25the 4 year performance contracts for use with respect to all
26principals, that his or her primary responsibility is in the

 

 

HB5540 Engrossed- 658 -LRB099 16003 AMC 40320 b

1improvement of instruction. A majority of the time spent by a
2principal shall be spent on curriculum and staff development
3through both formal and informal activities, establishing
4clear lines of communication regarding school goals,
5accomplishments, practices and policies with parents and
6teachers. The principal, with the assistance of the local
7school council, shall develop a school improvement plan as
8provided in Section 34-2.4 and, upon approval of the plan by
9the local school council, shall be responsible for directing
10implementation of the plan. The principal, with the assistance
11of the professional personnel leadership committee, shall
12develop the specific methods and contents of the school's
13curriculum within the board's system-wide curriculum standards
14and objectives and the requirements of the school improvement
15plan. The board shall ensure that all principals are evaluated
16on their instructional leadership ability and their ability to
17maintain a positive education and learning climate. It shall
18also be the responsibility of the principal to utilize
19resources of proper law enforcement agencies when the safety
20and welfare of students and teachers are threatened by illegal
21use of drugs and alcohol, by illegal use or possession of
22weapons, or by illegal gang activity.
23    Nothing in this Section shall prohibit the board and the
24exclusive representative of the district's teachers from
25entering into an agreement under Section 34-85c of this Code to
26establish alternative procedures for teacher evaluation,

 

 

HB5540 Engrossed- 659 -LRB099 16003 AMC 40320 b

1remediation, and removal for cause after remediation,
2including an alternative system for peer evaluation and
3recommendations, for teachers assigned to schools identified
4in that agreement.
5    On or before October 1, 1989, the Board of Education, in
6consultation with any professional organization representing
7principals in the district, shall promulgate rules and
8implement a lottery for the purpose of determining whether a
9principal's existing performance contract (including the
10performance contract applicable to any principal's position in
11which a vacancy then exists) expires on June 30, 1990 or on
12June 30, 1991, and whether the ensuing 4 year performance
13contract begins on July 1, 1990 or July 1, 1991. The Board of
14Education shall establish and conduct the lottery in such
15manner that of all the performance contracts of principals
16(including the performance contracts applicable to all
17principal positions in which a vacancy then exists), 50% of
18such contracts shall expire on June 30, 1990, and 50% shall
19expire on June 30, 1991. All persons serving as principal on
20May 1, 1989, and all persons appointed as principal after May
211, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
22other than as provided by Section 34-2.3, shall be deemed by
23operation of law to be serving under a performance contract
24which expires on June 30, 1990 or June 30, 1991; and unless
25such performance contract of any such principal is renewed (or
26such person is again appointed to serve as principal) in the

 

 

HB5540 Engrossed- 660 -LRB099 16003 AMC 40320 b

1manner provided by Section 34-2.2 or 34-2.3, the employment of
2such person as principal shall terminate on June 30, 1990 or
3June 30, 1991.
4    Commencing on July 1, 1990, or on July 1, 1991, and
5thereafter, the principal of each attendance center shall be
6the person selected in the manner provided by Section 34-2.3 to
7serve as principal of that attendance center under a 4 year
8performance contract. All performance contracts of principals
9expiring after July 1, 1990, or July 1, 1991, shall commence on
10the date specified in the contract, and the renewal of their
11performance contracts and the appointment of principals when
12their performance contracts are not renewed shall be governed
13by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the office
14of a principal occurs for any reason, the vacancy shall be
15filled by the selection of a new principal to serve under a 4
16year performance contract in the manner provided by Section
1734-2.3.
18    The board of education shall develop and prepare, in
19consultation with the organization representing principals, a
20performance contract for use at all attendance centers, and
21shall furnish the same to each local school council. The term
22of the performance contract shall be 4 years, unless the
23principal is retained by the decision of a hearing officer
24pursuant to subdivision 1.5 of Section 34-2.3, in which case
25the contract shall be extended for 2 years. The performance
26contract of each principal shall consist of the uniform

 

 

HB5540 Engrossed- 661 -LRB099 16003 AMC 40320 b

1performance contract, as developed or from time to time
2modified by the board, and such additional criteria as are
3established by a local school council pursuant to Section
434-2.3 for the performance contract of its principal.
5    During the term of his or her performance contract, a
6principal may be removed only as provided for in the
7performance contract except for cause. He or she shall also be
8obliged to follow the rules of the board of education
9concerning conduct and efficiency.
10    In the event the performance contract of a principal is not
11renewed or a principal is not reappointed as principal under a
12new performance contract, or in the event a principal is
13appointed to any position of superintendent or higher position,
14or voluntarily resigns his position of principal, his or her
15employment as a principal shall terminate and such former
16principal shall not be reinstated to the position from which he
17or she was promoted to principal, except that he or she, if
18otherwise qualified and certified in accordance with Article
1921, shall be placed by the board on appropriate eligibility
20lists which it prepares for use in the filling of vacant or
21additional or newly created positions for teachers. The
22principal's total years of service to the board as both a
23teacher and a principal, or in other professional capacities,
24shall be used in calculating years of experience for purposes
25of being selected as a teacher into new, additional or vacant
26positions.

 

 

HB5540 Engrossed- 662 -LRB099 16003 AMC 40320 b

1    In the event the performance contract of a principal is not
2renewed or a principal is not reappointed as principal under a
3new performance contract, such principal shall be eligible to
4continue to receive his or her previously provided level of
5health insurance benefits for a period of 90 days following the
6non-renewal of the contract at no expense to the principal,
7provided that such principal has not retired.
8(Source: P.A. 95-331, eff. 8-21-07; 95-510, eff. 8-28-07;
9revised 10-9-15.)
 
10    Section 255. The University of Illinois Act is amended by
11changing Section 9 as follows:
 
12    (110 ILCS 305/9)  (from Ch. 144, par. 30)
13    Sec. 9. Scholarships for children of veterans. For each of
14the following periods of hostilities, each county shall be
15entitled, annually, to one honorary scholarship in the
16University, for the benefit of the children of persons who
17served in the armed forces of the United States, except that
18the total number of scholarships annually granted to recipients
19from each county may not exceed 3: any time between September
2016, 1940 and the termination of World War II, any time during
21the national emergency between June 25, 1950 and January 31,
221955, any time during the Viet Nam conflict between January 1,
231961 and May 7, 1975, any time during the siege of Beirut and
24the Grenada Conflict between June 14, 1982 and December 15,

 

 

HB5540 Engrossed- 663 -LRB099 16003 AMC 40320 b

11983, or any time on or after August 2, 1990 and until Congress
2or the President orders that persons in service are no longer
3eligible for the Southwest Asia Service Medal, Operation
4Enduring Freedom, and Operation Iraqi Freedom. Preference for
5scholarships shall be given to the children of persons who are
6deceased or to the children of persons who have a disability.
7Such scholarships shall be granted to such pupils as shall,
8upon public examination, conducted as the board of trustees of
9the University may determine, be decided to have attained the
10greatest proficiency in the branches of learning usually taught
11in the secondary schools, and who shall be of good moral
12character, and not less than 15 years of age. Such pupils, so
13selected, shall be entitled to receive, without charge for
14tuition, instruction in any or all departments of the
15University for a term of at least 4 consecutive years. Such
16pupils shall conform, in all respects, to the rules and
17regulations of the University, established for the government
18of the pupils in attendance.
19(Source: P.A. 99-143, eff. 7-27-15; 99-377, eff. 8-17-15;
20revised 10-21-15.)
 
21    Section 260. The Illinois Credit Union Act is amended by
22changing Section 46 as follows:
 
23    (205 ILCS 305/46)  (from Ch. 17, par. 4447)
24    Sec. 46. Loans and interest rate.

 

 

HB5540 Engrossed- 664 -LRB099 16003 AMC 40320 b

1    (1) A credit union may make loans to its members for such
2purpose and upon such security and terms, including rates of
3interest, as the credit committee, credit manager, or loan
4officer approves. Notwithstanding the provisions of any other
5law in connection with extensions of credit, a credit union may
6elect to contract for and receive interest and fees and other
7charges for extensions of credit subject only to the provisions
8of this Act and rules promulgated under this Act, except that
9extensions of credit secured by residential real estate shall
10be subject to the laws applicable thereto. The rates of
11interest to be charged on loans to members shall be set by the
12board of directors of each individual credit union in
13accordance with Section 30 of this Act and such rates may be
14less than, but may not exceed, the maximum rate set forth in
15this Section. A borrower may repay his loan prior to maturity,
16in whole or in part, without penalty. The credit contract may
17provide for the payment by the member and receipt by the credit
18union of all costs and disbursements, including reasonable
19attorney's fees and collection agency charges, incurred by the
20credit union to collect or enforce the debt in the event of a
21delinquency by the member, or in the event of a breach of any
22obligation of the member under the credit contract. A
23contingency or hourly arrangement established under an
24agreement entered into by a credit union with an attorney or
25collection agency to collect a loan of a member in default
26shall be presumed prima facie reasonable.

 

 

HB5540 Engrossed- 665 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 666 -LRB099 16003 AMC 40320 b

1computed, calculated, charged or collected at a rate equal to
21/360 of the annual rate for each day which so elapsed, which
3rate shall be applied to the indebtedness outstanding as of the
4date of prepayment. The lender shall refund to the borrower any
5interest charged or collected which exceeds that which the
6lender may charge or collect pursuant to the preceding
7sentence. The provisions of Public Act 84-941 this amendatory
8Act of 1985 shall apply only to contracts or loans entered into
9on or after January 1, 1986 (the effective date of Public Act
1084-941) this amendatory Act.
11    (3) (Blank).
12    (4) Notwithstanding any other provisions of this Act, a
13credit union authorized under this Act to make loans secured by
14an interest or equity in real property may engage in making
15revolving credit loans secured by mortgages or deeds of trust
16on such real property or by security assignments of beneficial
17interests in land trusts.
18    For purposes of this Section, "revolving credit" has the
19meaning defined in Section 4.1 of the Interest Act.
20    Any mortgage or deed of trust given to secure a revolving
21credit loan may, and when so expressed therein shall, secure
22not only the existing indebtedness but also such future
23advances, whether such advances are obligatory or to be made at
24the option of the lender, or otherwise, as are made within
25twenty years from the date thereof, to the same extent as if
26such future advances were made on the date of the execution of

 

 

HB5540 Engrossed- 667 -LRB099 16003 AMC 40320 b

1such mortgage or deed of trust, although there may be no
2advance made at the time of execution of such mortgage or other
3instrument, and although there may be no indebtedness
4outstanding at the time any advance is made. The lien of such
5mortgage or deed of trust, as to third persons without actual
6notice thereof, shall be valid as to all such indebtedness and
7future advances form the time said mortgage or deed of trust is
8filed for record in the office of the recorder of deeds or the
9registrar of titles of the county where the real property
10described therein is located. The total amount of indebtedness
11that may be so secured may increase or decrease from time to
12time, but the total unpaid balance so secured at any one time
13shall not exceed a maximum principal amount which must be
14specified in such mortgage or deed of trust, plus interest
15thereon, and any disbursements made for the payment of taxes,
16special assessments, or insurance on said real property, with
17interest on such disbursements.
18    Any such mortgage or deed of trust shall be valid and have
19priority over all subsequent liens and encumbrances, including
20statutory liens, except taxes and assessments levied on said
21real property.
22    (4-5) For purposes of this Section, "real estate" and "real
23property" include a manufactured home as defined in subdivision
24(53) of Section 9-102 of the Uniform Commercial Code which is
25real property as defined in Section 5-35 of the Conveyance and
26Encumbrance of Manufactured Homes as Real Property and

 

 

HB5540 Engrossed- 668 -LRB099 16003 AMC 40320 b

1Severance Act.
2    (5) Compliance with federal or Illinois preemptive laws or
3regulations governing loans made by a credit union chartered
4under this Act shall constitute compliance with this Act.
5    (6) Credit unions may make residential real estate mortgage
6loans on terms and conditions established by the United States
7Department of Agriculture through its Rural Development
8Housing and Community Facilities Program. The portion of any
9loan in excess of the appraised value of the real estate shall
10be allocable only to the guarantee fee required under the
11program.
12    (7) For a renewal, refinancing, or restructuring of an
13existing loan at the credit union that is secured by an
14interest or equity in real estate, a new appraisal of the
15collateral shall not be required when (i) no new moneys are
16advanced other than funds necessary to cover reasonable closing
17costs, or (ii) there has been no obvious or material change in
18market conditions or physical aspects of the real estate that
19threatens the adequacy of the credit union's real estate
20collateral protection after the transaction, even with the
21advancement of new moneys. The Department reserves the right to
22require an appraisal under this subsection (7) whenever the
23Department believes it is necessary to address safety and
24soundness concerns.
25(Source: P.A. 98-749, eff. 7-16-14; 98-784, eff. 7-24-14;
2699-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, eff. 1-1-16;

 

 

HB5540 Engrossed- 669 -LRB099 16003 AMC 40320 b

1revised 10-16-15.)
 
2    Section 265. The Corporate Fiduciary Act is amended by
3changing Section 5-10.5 as follows:
 
4    (205 ILCS 620/5-10.5)
5    Sec. 5-10.5. Disclosure of records. A corporate fiduciary
6may not disclose to any person, except to the customer or the
7customer's duly authorized agent, any records pertaining to the
8fiduciary relationship between the corporate fiduciary and the
9customer unless:
10        (1) the instrument or court order establishing the
11    fiduciary relationship permits the record to be disclosed
12    under the circumstances;
13        (2) applicable law authorizes the disclosure;
14        (3) disclosure by the corporate fiduciary is necessary
15    to perform a transaction or act that is authorized by the
16    instrument or court order establishing the fiduciary
17    relationship relation ship; or
18        (4) Section 48.1 of the Illinois Banking Act would
19    permit a bank to disclose the record to the same extent
20    under the circumstances.
21    For purposes of this Section, "customer" means the person
22or individual who contracted to establish the fiduciary
23relationship or who executed any instrument or document from
24which the fiduciary relationship was established, a person

 

 

HB5540 Engrossed- 670 -LRB099 16003 AMC 40320 b

1authorized by the customer to provide such direction or, if the
2instrument, law, or court order so permits, the beneficiaries
3of the fiduciary relationship.
4(Source: P.A. 89-364, eff. 8-18-95; revised 10-14-15.)
 
5    Section 270. The Ambulatory Surgical Treatment Center Act
6is amended by changing Section 6.5 as follows:
 
7    (210 ILCS 5/6.5)
8    Sec. 6.5. Clinical privileges; advanced practice nurses.
9All ambulatory surgical treatment centers (ASTC) licensed
10under this Act shall comply with the following requirements:
11        (1) No ASTC policy, rule, regulation, or practice shall
12    be inconsistent with the provision of adequate
13    collaboration and consultation in accordance with Section
14    54.5 of the Medical Practice Act of 1987.
15        (2) Operative surgical procedures shall be performed
16    only by a physician licensed to practice medicine in all
17    its branches under the Medical Practice Act of 1987, a
18    dentist licensed under the Illinois Dental Practice Act, or
19    a podiatric physician licensed under the Podiatric Medical
20    Practice Act of 1987, with medical staff membership and
21    surgical clinical privileges granted by the consulting
22    committee of the ASTC. A licensed physician, dentist, or
23    podiatric physician may be assisted by a physician licensed
24    to practice medicine in all its branches, dentist, dental

 

 

HB5540 Engrossed- 671 -LRB099 16003 AMC 40320 b

1    assistant, podiatric physician, licensed advanced practice
2    nurse, licensed physician assistant, licensed registered
3    nurse, licensed practical nurse, surgical assistant,
4    surgical technician, or other individuals granted clinical
5    privileges to assist in surgery by the consulting committee
6    of the ASTC. Payment for services rendered by an assistant
7    in surgery who is not an ambulatory surgical treatment
8    center employee shall be paid at the appropriate
9    non-physician modifier rate if the payor would have made
10    payment had the same services been provided by a physician.
11        (2.5) A registered nurse licensed under the Nurse
12    Practice Act and qualified by training and experience in
13    operating room nursing shall be present in the operating
14    room and function as the circulating nurse during all
15    invasive or operative procedures. For purposes of this
16    paragraph (2.5), "circulating nurse" means a registered
17    nurse who is responsible for coordinating all nursing care,
18    patient safety needs, and the needs of the surgical team in
19    the operating room during an invasive or operative
20    procedure.
21        (3) An advanced practice nurse is not required to
22    possess prescriptive authority or a written collaborative
23    agreement meeting the requirements of the Nurse Practice
24    Act to provide advanced practice nursing services in an
25    ambulatory surgical treatment center. An advanced practice
26    nurse must possess clinical privileges granted by the

 

 

HB5540 Engrossed- 672 -LRB099 16003 AMC 40320 b

1    consulting medical staff committee and ambulatory surgical
2    treatment center in order to provide services. Individual
3    advanced practice nurses may also be granted clinical
4    privileges to order, select, and administer medications,
5    including controlled substances, to provide delineated
6    care. The attending physician must determine the advanced
7    advance practice nurse's role in providing care for his or
8    her patients, except as otherwise provided in the
9    consulting staff policies. The consulting medical staff
10    committee shall periodically review the services of
11    advanced practice nurses granted privileges.
12        (4) The anesthesia service shall be under the direction
13    of a physician licensed to practice medicine in all its
14    branches who has had specialized preparation or experience
15    in the area or who has completed a residency in
16    anesthesiology. An anesthesiologist, Board certified or
17    Board eligible, is recommended. Anesthesia services may
18    only be administered pursuant to the order of a physician
19    licensed to practice medicine in all its branches, licensed
20    dentist, or licensed podiatric physician.
21            (A) The individuals who, with clinical privileges
22        granted by the medical staff and ASTC, may administer
23        anesthesia services are limited to the following:
24                (i) an anesthesiologist; or
25                (ii) a physician licensed to practice medicine
26            in all its branches; or

 

 

HB5540 Engrossed- 673 -LRB099 16003 AMC 40320 b

1                (iii) a dentist with authority to administer
2            anesthesia under Section 8.1 of the Illinois
3            Dental Practice Act; or
4                (iv) a licensed certified registered nurse
5            anesthetist; or
6                (v) a podiatric physician licensed under the
7            Podiatric Medical Practice Act of 1987.
8            (B) For anesthesia services, an anesthesiologist
9        shall participate through discussion of and agreement
10        with the anesthesia plan and shall remain physically
11        present and be available on the premises during the
12        delivery of anesthesia services for diagnosis,
13        consultation, and treatment of emergency medical
14        conditions. In the absence of 24-hour availability of
15        anesthesiologists with clinical privileges, an
16        alternate policy (requiring participation, presence,
17        and availability of a physician licensed to practice
18        medicine in all its branches) shall be developed by the
19        medical staff consulting committee in consultation
20        with the anesthesia service and included in the medical
21        staff consulting committee policies.
22            (C) A certified registered nurse anesthetist is
23        not required to possess prescriptive authority or a
24        written collaborative agreement meeting the
25        requirements of Section 65-35 of the Nurse Practice Act
26        to provide anesthesia services ordered by a licensed

 

 

HB5540 Engrossed- 674 -LRB099 16003 AMC 40320 b

1        physician, dentist, or podiatric physician. Licensed
2        certified registered nurse anesthetists are authorized
3        to select, order, and administer drugs and apply the
4        appropriate medical devices in the provision of
5        anesthesia services under the anesthesia plan agreed
6        with by the anesthesiologist or, in the absence of an
7        available anesthesiologist with clinical privileges,
8        agreed with by the operating physician, operating
9        dentist, or operating podiatric physician in
10        accordance with the medical staff consulting committee
11        policies of a licensed ambulatory surgical treatment
12        center.
13(Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)
 
14    Section 275. The Abused and Neglected Long Term Care
15Facility Residents Reporting Act is amended by changing Section
166 as follows:
 
17    (210 ILCS 30/6)  (from Ch. 111 1/2, par. 4166)
18    Sec. 6. All reports of suspected abuse or neglect made
19under this Act shall be made immediately by telephone to the
20Department's central register established under Section 14 on
21the single, State-wide, toll-free telephone number established
22under Section 13, or in person or by telephone through the
23nearest Department office. No long term care facility
24administrator, agent or employee, or any other person, shall

 

 

HB5540 Engrossed- 675 -LRB099 16003 AMC 40320 b

1screen reports or otherwise withhold any reports from the
2Department, and no long term care facility, department of State
3government, or other agency shall establish any rules,
4criteria, standards or guidelines to the contrary. Every long
5term care facility, department of State government and other
6agency whose employees are required to make or cause to be made
7reports under Section 4 shall notify its employees of the
8provisions of that Section and of this Section, and provide to
9the Department documentation that such notification has been
10given. The Department of Human Services shall train all of its
11mental health and developmental disabilities employees in the
12detection and reporting of suspected abuse and neglect of
13residents. Reports made to the central register through the
14State-wide, toll-free telephone number shall be transmitted to
15appropriate Department offices and municipal health
16departments that have responsibility for licensing long term
17care facilities under the Nursing Home Care Act, the
18Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
19Community Care Act, or the MC/DD Act. All reports received
20through offices of the Department shall be forwarded to the
21central register, in a manner and form described by the
22Department. The Department shall be capable of receiving
23reports of suspected abuse and neglect 24 hours a day, 7 days a
24week. Reports shall also be made in writing deposited in the
25U.S. mail, postage prepaid, within 24 hours after having
26reasonable cause to believe that the condition of the resident

 

 

HB5540 Engrossed- 676 -LRB099 16003 AMC 40320 b

1resulted from abuse or neglect. Such reports may in addition be
2made to the local law enforcement agency in the same manner.
3However, in the event a report is made to the local law
4enforcement agency, the reporter also shall immediately so
5inform the Department. The Department shall initiate an
6investigation of each report of resident abuse and neglect
7under this Act, whether oral or written, as provided for in
8Section 3-702 of the Nursing Home Care Act, Section 2-208 of
9the Specialized Mental Health Rehabilitation Act of 2013,
10Section 3-702 of the ID/DD Community Care Act, or Section 3-702
11of the MC/DD Act, except that reports of abuse which indicate
12that a resident's life or safety is in imminent danger shall be
13investigated within 24 hours of such report. The Department may
14delegate to law enforcement officials or other public agencies
15the duty to perform such investigation.
16    With respect to investigations of reports of suspected
17abuse or neglect of residents of mental health and
18developmental disabilities institutions under the jurisdiction
19of the Department of Human Services, the Department shall
20transmit copies of such reports to the Department of State
21Police, the Department of Human Services, and the Inspector
22General appointed under Section 1-17 of the Department of Human
23Services Act. If the Department receives a report of suspected
24abuse or neglect of a recipient of services as defined in
25Section 1-123 of the Mental Health and Developmental
26Disabilities Code, the Department shall transmit copies of such

 

 

HB5540 Engrossed- 677 -LRB099 16003 AMC 40320 b

1report to the Inspector General and the Directors of the
2Guardianship and Advocacy Commission and the agency designated
3by the Governor pursuant to the Protection and Advocacy for
4Persons with Developmental Disabilities Act. When requested by
5the Director of the Guardianship and Advocacy Commission, the
6agency designated by the Governor pursuant to the Protection
7and Advocacy for Persons with Developmental Disabilities Act,
8or the Department of Financial and Professional Regulation, the
9Department, the Department of Human Services and the Department
10of State Police shall make available a copy of the final
11investigative report regarding investigations conducted by
12their respective agencies on incidents of suspected abuse or
13neglect of residents of mental health and developmental
14disabilities institutions or individuals receiving services at
15community agencies under the jurisdiction of the Department of
16Human Services. Such final investigative report shall not
17contain witness statements, investigation notes, draft
18summaries, results of lie detector tests, investigative files
19or other raw data which was used to compile the final
20investigative report. Specifically, the final investigative
21report of the Department of State Police shall mean the
22Director's final transmittal letter. The Department of Human
23Services shall also make available a copy of the results of
24disciplinary proceedings of employees involved in incidents of
25abuse or neglect to the Directors. All identifiable information
26in reports provided shall not be further disclosed except as

 

 

HB5540 Engrossed- 678 -LRB099 16003 AMC 40320 b

1provided by the Mental Health and Developmental Disabilities
2Confidentiality Act. Nothing in this Section is intended to
3limit or construe the power or authority granted to the agency
4designated by the Governor pursuant to the Protection and
5Advocacy for Persons with Developmental Disabilities Act,
6pursuant to any other State or federal statute.
7    With respect to investigations of reported resident abuse
8or neglect, the Department shall effect with appropriate law
9enforcement agencies formal agreements concerning methods and
10procedures for the conduct of investigations into the criminal
11histories of any administrator, staff assistant or employee of
12the nursing home or other person responsible for the residents
13care, as well as for other residents in the nursing home who
14may be in a position to abuse, neglect or exploit the patient.
15Pursuant to the formal agreements entered into with appropriate
16law enforcement agencies, the Department may request
17information with respect to whether the person or persons set
18forth in this paragraph have ever been charged with a crime and
19if so, the disposition of those charges. Unless the criminal
20histories of the subjects involved crimes of violence or
21resident abuse or neglect, the Department shall be entitled
22only to information limited in scope to charges and their
23dispositions. In cases where prior crimes of violence or
24resident abuse or neglect are involved, a more detailed report
25can be made available to authorized representatives of the
26Department, pursuant to the agreements entered into with

 

 

HB5540 Engrossed- 679 -LRB099 16003 AMC 40320 b

1appropriate law enforcement agencies. Any criminal charges and
2their disposition information obtained by the Department shall
3be confidential and may not be transmitted outside the
4Department, except as required herein, to authorized
5representatives or delegates of the Department, and may not be
6transmitted to anyone within the Department who is not duly
7authorized to handle resident abuse or neglect investigations.
8    The Department shall effect formal agreements with
9appropriate law enforcement agencies in the various counties
10and communities to encourage cooperation and coordination in
11the handling of resident abuse or neglect cases pursuant to
12this Act. The Department shall adopt and implement methods and
13procedures to promote statewide uniformity in the handling of
14reports of abuse and neglect under this Act, and those methods
15and procedures shall be adhered to by personnel of the
16Department involved in such investigations and reporting. The
17Department shall also make information required by this Act
18available to authorized personnel within the Department, as
19well as its authorized representatives.
20    The Department shall keep a continuing record of all
21reports made pursuant to this Act, including indications of the
22final determination of any investigation and the final
23disposition of all reports.
24    The Department shall report annually to the General
25Assembly on the incidence of abuse and neglect of long term
26care facility residents, with special attention to residents

 

 

HB5540 Engrossed- 680 -LRB099 16003 AMC 40320 b

1who are persons with mental disabilities. The report shall
2include but not be limited to data on the number and source of
3reports of suspected abuse or neglect filed under this Act, the
4nature of any injuries to residents, the final determination of
5investigations, the type and number of cases where abuse or
6neglect is determined to exist, and the final disposition of
7cases.
8(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
999-180, eff. 7-29-15; revised 10-9-15.)
 
10    Section 280. The Nursing Home Care Act is amended by
11changing Sections 1-113, 2-201.5, and 3-702 as follows:
 
12    (210 ILCS 45/1-113)  (from Ch. 111 1/2, par. 4151-113)
13    Sec. 1-113. "Facility" or "long-term care facility" means a
14private home, institution, building, residence, or any other
15place, whether operated for profit or not, or a county home for
16the infirm and chronically ill operated pursuant to Division
175-21 or 5-22 of the Counties Code, or any similar institution
18operated by a political subdivision of the State of Illinois,
19which provides, through its ownership or management, personal
20care, sheltered care or nursing for 3 or more persons, not
21related to the applicant or owner by blood or marriage. It
22includes skilled nursing facilities and intermediate care
23facilities as those terms are defined in Title XVIII and Title
24XIX of the federal Federal Social Security Act. It also

 

 

HB5540 Engrossed- 681 -LRB099 16003 AMC 40320 b

1includes homes, institutions, or other places operated by or
2under the authority of the Illinois Department of Veterans'
3Affairs.
4    "Facility" does not include the following:
5        (1) A home, institution, or other place operated by the
6    federal government or agency thereof, or by the State of
7    Illinois, other than homes, institutions, or other places
8    operated by or under the authority of the Illinois
9    Department of Veterans' Affairs;
10        (2) A hospital, sanitarium, or other institution whose
11    principal activity or business is the diagnosis, care, and
12    treatment of human illness through the maintenance and
13    operation as organized facilities therefor, which is
14    required to be licensed under the Hospital Licensing Act;
15        (3) Any "facility for child care" as defined in the
16    Child Care Act of 1969;
17        (4) Any "Community Living Facility" as defined in the
18    Community Living Facilities Licensing Act;
19        (5) Any "community residential alternative" as defined
20    in the Community Residential Alternatives Licensing Act;
21        (6) Any nursing home or sanatorium operated solely by
22    and for persons who rely exclusively upon treatment by
23    spiritual means through prayer, in accordance with the
24    creed or tenets of any well-recognized church or religious
25    denomination. However, such nursing home or sanatorium
26    shall comply with all local laws and rules relating to

 

 

HB5540 Engrossed- 682 -LRB099 16003 AMC 40320 b

1    sanitation and safety;
2        (7) Any facility licensed by the Department of Human
3    Services as a community-integrated living arrangement as
4    defined in the Community-Integrated Living Arrangements
5    Licensure and Certification Act;
6        (8) Any "Supportive Residence" licensed under the
7    Supportive Residences Licensing Act;
8        (9) Any "supportive living facility" in good standing
9    with the program established under Section 5-5.01a of the
10    Illinois Public Aid Code, except only for purposes of the
11    employment of persons in accordance with Section 3-206.01;
12        (10) Any assisted living or shared housing
13    establishment licensed under the Assisted Living and
14    Shared Housing Act, except only for purposes of the
15    employment of persons in accordance with Section 3-206.01;
16        (11) An Alzheimer's disease management center
17    alternative health care model licensed under the
18    Alternative Health Care Delivery Act;
19        (12) A facility licensed under the ID/DD Community Care
20    Act;
21        (13) A facility licensed under the Specialized Mental
22    Health Rehabilitation Act of 2013; or
23        (14) A facility licensed under the MC/DD Act; or .
24        (15) (14) A medical foster home, as defined in 38 CFR
25    17.73, that is under the oversight of the United States
26    Department of Veterans Affairs.

 

 

HB5540 Engrossed- 683 -LRB099 16003 AMC 40320 b

1(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
299-376, eff. 1-1-16; revised 10-16-15.)
 
3    (210 ILCS 45/2-201.5)
4    Sec. 2-201.5. Screening prior to admission.
5    (a) All persons age 18 or older seeking admission to a
6nursing facility must be screened to determine the need for
7nursing facility services prior to being admitted, regardless
8of income, assets, or funding source. Screening for nursing
9facility services shall be administered through procedures
10established by administrative rule. Screening may be done by
11agencies other than the Department as established by
12administrative rule. This Section applies on and after July 1,
131996. No later than October 1, 2010, the Department of
14Healthcare and Family Services, in collaboration with the
15Department on Aging, the Department of Human Services, and the
16Department of Public Health, shall file administrative rules
17providing for the gathering, during the screening process, of
18information relevant to determining each person's potential
19for placing other residents, employees, and visitors at risk of
20harm.
21    (a-1) Any screening performed pursuant to subsection (a) of
22this Section shall include a determination of whether any
23person is being considered for admission to a nursing facility
24due to a need for mental health services. For a person who
25needs mental health services, the screening shall also include

 

 

HB5540 Engrossed- 684 -LRB099 16003 AMC 40320 b

1an evaluation of whether there is permanent supportive housing,
2or an array of community mental health services, including but
3not limited to supported housing, assertive community
4treatment, and peer support services, that would enable the
5person to live in the community. The person shall be told about
6the existence of any such services that would enable the person
7to live safely and humanely and about available appropriate
8nursing home services that would enable the person to live
9safely and humanely, and the person shall be given the
10assistance necessary to avail himself or herself of any
11available services.
12    (a-2) Pre-screening for persons with a serious mental
13illness shall be performed by a psychiatrist, a psychologist, a
14registered nurse certified in psychiatric nursing, a licensed
15clinical professional counselor, or a licensed clinical social
16worker, who is competent to (i) perform a clinical assessment
17of the individual, (ii) certify a diagnosis, (iii) make a
18determination about the individual's current need for
19treatment, including substance abuse treatment, and recommend
20specific treatment, and (iv) determine whether a facility or a
21community-based program is able to meet the needs of the
22individual.
23    For any person entering a nursing facility, the
24pre-screening agent shall make specific recommendations about
25what care and services the individual needs to receive,
26beginning at admission, to attain or maintain the individual's

 

 

HB5540 Engrossed- 685 -LRB099 16003 AMC 40320 b

1highest level of independent functioning and to live in the
2most integrated setting appropriate for his or her physical and
3personal care and developmental and mental health needs. These
4recommendations shall be revised as appropriate by the
5pre-screening or re-screening agent based on the results of
6resident review and in response to changes in the resident's
7wishes, needs, and interest in transition.
8    Upon the person entering the nursing facility, the
9Department of Human Services or its designee shall assist the
10person in establishing a relationship with a community mental
11health agency or other appropriate agencies in order to (i)
12promote the person's transition to independent living and (ii)
13support the person's progress in meeting individual goals.
14    (a-3) The Department of Human Services, by rule, shall
15provide for a prohibition on conflicts of interest for
16pre-admission screeners. The rule shall provide for waiver of
17those conflicts by the Department of Human Services if the
18Department of Human Services determines that a scarcity of
19qualified pre-admission screeners exists in a given community
20and that, absent a waiver of conflicts, an insufficient number
21of pre-admission screeners would be available. If a conflict is
22waived, the pre-admission screener shall disclose the conflict
23of interest to the screened individual in the manner provided
24for by rule of the Department of Human Services. For the
25purposes of this subsection, a "conflict of interest" includes,
26but is not limited to, the existence of a professional or

 

 

HB5540 Engrossed- 686 -LRB099 16003 AMC 40320 b

1financial relationship between (i) a PAS-MH corporate or a
2PAS-MH agent and (ii) a community provider or long-term care
3facility.
4    (b) In addition to the screening required by subsection
5(a), a facility, except for those licensed under the MC/DD Act,
6shall, within 24 hours after admission, request a criminal
7history background check pursuant to the Illinois Uniform
8Conviction Information Act for all persons age 18 or older
9seeking admission to the facility, unless (i) a background
10check was initiated by a hospital pursuant to subsection (d) of
11Section 6.09 of the Hospital Licensing Act or a pre-admission
12background check was conducted by the Department of Veterans'
13Affairs 30 days prior to admittance into an Illinois Veterans
14Home; (ii) the transferring resident is immobile; or (iii) the
15transferring resident is moving into hospice. The exemption
16provided in item (ii) or (iii) of this subsection (b) shall
17apply only if a background check was completed by the facility
18the resident resided at prior to seeking admission to the
19facility and the resident was transferred to the facility with
20no time passing during which the resident was not
21institutionalized. If item (ii) or (iii) of this subsection (b)
22applies, the prior facility shall provide a copy of its
23background check of the resident and all supporting
24documentation, including, when applicable, the criminal
25history report and the security assessment, to the facility to
26which the resident is being transferred. Background checks

 

 

HB5540 Engrossed- 687 -LRB099 16003 AMC 40320 b

1conducted pursuant to this Section shall be based on the
2resident's name, date of birth, and other identifiers as
3required by the Department of State Police. If the results of
4the background check are inconclusive, the facility shall
5initiate a fingerprint-based check, unless the fingerprint
6check is waived by the Director of Public Health based on
7verification by the facility that the resident is completely
8immobile or that the resident meets other criteria related to
9the resident's health or lack of potential risk which may be
10established by Departmental rule. A waiver issued pursuant to
11this Section shall be valid only while the resident is immobile
12or while the criteria supporting the waiver exist. The facility
13shall provide for or arrange for any required fingerprint-based
14checks to be taken on the premises of the facility. If a
15fingerprint-based check is required, the facility shall
16arrange for it to be conducted in a manner that is respectful
17of the resident's dignity and that minimizes any emotional or
18physical hardship to the resident.
19    (c) If the results of a resident's criminal history
20background check reveal that the resident is an identified
21offender as defined in Section 1-114.01, the facility shall do
22the following:
23        (1) Immediately notify the Department of State Police,
24    in the form and manner required by the Department of State
25    Police, in collaboration with the Department of Public
26    Health, that the resident is an identified offender.

 

 

HB5540 Engrossed- 688 -LRB099 16003 AMC 40320 b

1        (2) Within 72 hours, arrange for a fingerprint-based
2    criminal history record inquiry to be requested on the
3    identified offender resident. The inquiry shall be based on
4    the subject's name, sex, race, date of birth, fingerprint
5    images, and other identifiers required by the Department of
6    State Police. The inquiry shall be processed through the
7    files of the Department of State Police and the Federal
8    Bureau of Investigation to locate any criminal history
9    record information that may exist regarding the subject.
10    The Federal Bureau of Investigation shall furnish to the
11    Department of State Police, pursuant to an inquiry under
12    this paragraph (2), any criminal history record
13    information contained in its files.
14    The facility shall comply with all applicable provisions
15contained in the Illinois Uniform Conviction Information Act.
16    All name-based and fingerprint-based criminal history
17record inquiries shall be submitted to the Department of State
18Police electronically in the form and manner prescribed by the
19Department of State Police. The Department of State Police may
20charge the facility a fee for processing name-based and
21fingerprint-based criminal history record inquiries. The fee
22shall be deposited into the State Police Services Fund. The fee
23shall not exceed the actual cost of processing the inquiry.
24    (d) (Blank).
25    (e) The Department shall develop and maintain a
26de-identified database of residents who have injured facility

 

 

HB5540 Engrossed- 689 -LRB099 16003 AMC 40320 b

1staff, facility visitors, or other residents, and the attendant
2circumstances, solely for the purposes of evaluating and
3improving resident pre-screening and assessment procedures
4(including the Criminal History Report prepared under Section
52-201.6) and the adequacy of Department requirements
6concerning the provision of care and services to residents. A
7resident shall not be listed in the database until a Department
8survey confirms the accuracy of the listing. The names of
9persons listed in the database and information that would allow
10them to be individually identified shall not be made public.
11Neither the Department nor any other agency of State government
12may use information in the database to take any action against
13any individual, licensee, or other entity, unless the
14Department or agency receives the information independent of
15this subsection (e). All information collected, maintained, or
16developed under the authority of this subsection (e) for the
17purposes of the database maintained under this subsection (e)
18shall be treated in the same manner as information that is
19subject to Part 21 of Article VIII of the Code of Civil
20Procedure.
21(Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15;
2299-453, eff. 8-24-15; revised 10-20-15.)
 
23    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
24    Sec. 3-702. (a) A person who believes that this Act or a
25rule promulgated under this Act may have been violated may

 

 

HB5540 Engrossed- 690 -LRB099 16003 AMC 40320 b

1request an investigation. The request may be submitted to the
2Department in writing, by telephone, by electronic means, or by
3personal visit. An oral complaint shall be reduced to writing
4by the Department. The Department shall make available, through
5its website and upon request, information regarding the oral
6and phone intake processes and the list of questions that will
7be asked of the complainant. The Department shall request
8information identifying the complainant, including the name,
9address and telephone number, to help enable appropriate
10follow-up. The Department shall act on such complaints via
11on-site visits or other methods deemed appropriate to handle
12the complaints with or without such identifying information, as
13otherwise provided under this Section. The complainant shall be
14informed that compliance with such request is not required to
15satisfy the procedures for filing a complaint under this Act.
16The Department must notify complainants that complaints with
17less information provided are far more difficult to respond to
18and investigate.
19    (b) The substance of the complaint shall be provided in
20writing to the licensee, owner, or administrator no earlier
21than at the commencement of an on-site inspection of the
22facility which takes place pursuant to the complaint.
23    (c) The Department shall not disclose the name of the
24complainant unless the complainant consents in writing to the
25disclosure or the investigation results in a judicial
26proceeding, or unless disclosure is essential to the

 

 

HB5540 Engrossed- 691 -LRB099 16003 AMC 40320 b

1investigation. The complainant shall be given the opportunity
2to withdraw the complaint before disclosure. Upon the request
3of the complainant, the Department may permit the complainant
4or a representative of the complainant to accompany the person
5making the on-site inspection of the facility.
6    (d) Upon receipt of a complaint, the Department shall
7determine whether this Act or a rule promulgated under this Act
8has been or is being violated. The Department shall investigate
9all complaints alleging abuse or neglect within 7 days after
10the receipt of the complaint except that complaints of abuse or
11neglect which indicate that a resident's life or safety is in
12imminent danger shall be investigated within 24 hours after
13receipt of the complaint. All other complaints shall be
14investigated within 30 days after the receipt of the complaint.
15The Department employees investigating a complaint shall
16conduct a brief, informal exit conference with the facility to
17alert its administration of any suspected serious deficiency
18that poses a direct threat to the health, safety or welfare of
19a resident to enable an immediate correction for the
20alleviation or elimination of such threat. Such information and
21findings discussed in the brief exit conference shall become a
22part of the investigating record but shall not in any way
23constitute an official or final notice of violation as provided
24under Section 3-301. All complaints shall be classified as "an
25invalid report", "a valid report", or "an undetermined report".
26For any complaint classified as "a valid report", the

 

 

HB5540 Engrossed- 692 -LRB099 16003 AMC 40320 b

1Department must determine within 30 working days if any rule or
2provision of this Act has been or is being violated.
3    (d-1) The Department shall, whenever possible, combine an
4on-site investigation of a complaint in a facility with other
5inspections in order to avoid duplication of inspections.
6    (e) In all cases, the Department shall inform the
7complainant of its findings within 10 days of its determination
8unless otherwise indicated by the complainant, and the
9complainant may direct the Department to send a copy of such
10findings to another person. The Department's findings may
11include comments or documentation provided by either the
12complainant or the licensee pertaining to the complaint. The
13Department shall also notify the facility of such findings
14within 10 days of the determination, but the name of the
15complainant or residents shall not be disclosed in this notice
16to the facility. The notice of such findings shall include a
17copy of the written determination; the correction order, if
18any; the warning notice, if any; the inspection report; or the
19State licensure form on which the violation is listed.
20    (f) A written determination, correction order, or warning
21notice concerning a complaint, together with the facility's
22response, shall be available for public inspection, but the
23name of the complainant or resident shall not be disclosed
24without his consent.
25    (g) A complainant who is dissatisfied with the
26determination or investigation by the Department may request a

 

 

HB5540 Engrossed- 693 -LRB099 16003 AMC 40320 b

1hearing under Section 3-703. The facility shall be given notice
2of any such hearing and may participate in the hearing as a
3party. If a facility requests a hearing under Section 3-703
4which concerns a matter covered by a complaint, the complainant
5shall be given notice and may participate in the hearing as a
6party. A request for a hearing by either a complainant or a
7facility shall be submitted in writing to the Department within
830 days after the mailing of the Department's findings as
9described in subsection (e) of this Section. Upon receipt of
10the request the Department shall conduct a hearing as provided
11under Section 3-703.
12    (g-5) The Department shall conduct an annual review and
13make a report concerning the complaint process that includes
14the number of complaints received, the breakdown of anonymous
15and non-anonymous complaints and whether the complaints were
16substantiated or not, the total number of substantiated
17complaints, and any other complaint information requested by
18the Long-Term Care Facility Advisory Board created under
19Section 2-204 of this Act or the Illinois Long-Term Care
20Council created under Section 4.04a of the Illinois Act on the
21Aging. This report shall be provided to the Long-Term Care
22Facility Advisory Board and the Illinois Long-Term Care
23Council. The Long-Term Care Facility Advisory Board and the
24Illinois Long-Term Care Council shall review the report and
25suggest any changes deemed necessary to the Department for
26review and action, including how to investigate and

 

 

HB5540 Engrossed- 694 -LRB099 16003 AMC 40320 b

1substantiate anonymous complaints.
2    (h) Any person who knowingly transmits a false report to
3the Department commits the offense of disorderly conduct under
4subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.
5(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14;
6revised 10-9-15.)
 
7    Section 285. The MC/DD Act is amended by changing Section
82-104.2 as follows:
 
9    (210 ILCS 46/2-104.2)
10    Sec. 2-104.2. Do Not Resuscitate Orders. Every facility
11licensed under this Act shall establish a policy for the
12implementation of physician orders limiting resuscitation such
13as those commonly referred to as "Do Not Resuscitate" orders.
14This policy may only prescribe the format, method of
15documentation and duration of any physician orders limiting
16resuscitation. Any orders under this policy shall be honored by
17the facility. The Department of Public Health Uniform POLST
18DNR/POLST form or a copy of that form or a previous version of
19the uniform form shall be honored by the facility.
20(Source: P.A. 99-180, eff. 7-29-15; revised 10-13-15.)
 
21    Section 290. The ID/DD Community Care Act is amended by
22changing Sections 1-101.05 and 1-113 as follows:
 

 

 

HB5540 Engrossed- 695 -LRB099 16003 AMC 40320 b

1    (210 ILCS 47/1-101.05)
2    Sec. 1-101.05. Prior law.
3    (a) This Act provides for licensure of intermediate care
4facilities for persons with developmental disabilities under
5this Act instead of under the Nursing Home Care Act. On and
6after July 1, 2010 (the effective date of this Act), those
7facilities shall be governed by this Act instead of the Nursing
8Home Care Act.
9    On and after July 29, 2015 (the effective date of Public
10Act 99-180) this amendatory Act of the 99th General Assembly,
11long-term care for under age 22 facilities shall be known as
12medically complex for the developmentally disabled facilities
13and governed by the MC/DD Act instead of this Act.
14    (b) If any other Act of the General Assembly changes, adds,
15or repeals a provision of the Nursing Home Care Act that is the
16same as or substantially similar to a provision of this Act,
17then that change, addition, or repeal in the Nursing Home Care
18Act shall be construed together with this Act until July 1,
192010 and not thereafter.
20    (c) Nothing in this Act affects the validity or effect of
21any finding, decision, or action made or taken by the
22Department or the Director under the Nursing Home Care Act
23before July 1, 2010 (the effective date of this Act) with
24respect to a facility subject to licensure under this Act. That
25finding, decision, or action shall continue to apply to the
26facility on and after July 1, 2010 (the effective date of this

 

 

HB5540 Engrossed- 696 -LRB099 16003 AMC 40320 b

1Act). Any finding, decision, or action with respect to the
2facility made or taken on or after July 1, 2010 (the effective
3date of this Act) shall be made or taken as provided in this
4Act.
5(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
6revised 10-14-15.)
 
7    (210 ILCS 47/1-113)
8    Sec. 1-113. Facility. "ID/DD facility" or "facility" means
9an intermediate care facility for persons with developmental
10disabilities, whether operated for profit or not, which
11provides, through its ownership or management, personal care or
12nursing for 3 or more persons not related to the applicant or
13owner by blood or marriage. It includes intermediate care
14facilities for the intellectually disabled as the term is
15defined in Title XVIII and Title XIX of the federal Social
16Security Act.
17    "Facility" does not include the following:
18        (1) A home, institution, or other place operated by the
19    federal government or agency thereof, or by the State of
20    Illinois, other than homes, institutions, or other places
21    operated by or under the authority of the Illinois
22    Department of Veterans' Affairs;
23        (2) A hospital, sanitarium, or other institution whose
24    principal activity or business is the diagnosis, care, and
25    treatment of human illness through the maintenance and

 

 

HB5540 Engrossed- 697 -LRB099 16003 AMC 40320 b

1    operation as organized facilities therefore, which is
2    required to be licensed under the Hospital Licensing Act;
3        (3) Any "facility for child care" as defined in the
4    Child Care Act of 1969;
5        (4) Any "community living facility" as defined in the
6    Community Living Facilities Licensing Act;
7        (5) Any "community residential alternative" as defined
8    in the Community Residential Alternatives Licensing Act;
9        (6) Any nursing home or sanatorium operated solely by
10    and for persons who rely exclusively upon treatment by
11    spiritual means through prayer, in accordance with the
12    creed or tenets of any well recognized church or religious
13    denomination. However, such nursing home or sanatorium
14    shall comply with all local laws and rules relating to
15    sanitation and safety;
16        (7) Any facility licensed by the Department of Human
17    Services as a community-integrated living arrangement as
18    defined in the Community-Integrated Living Arrangements
19    Licensure and Certification Act;
20        (8) Any "supportive residence" licensed under the
21    Supportive Residences Licensing Act;
22        (9) Any "supportive living facility" in good standing
23    with the program established under Section 5-5.01a of the
24    Illinois Public Aid Code, except only for purposes of the
25    employment of persons in accordance with Section 3-206.01;
26        (10) Any assisted living or shared housing

 

 

HB5540 Engrossed- 698 -LRB099 16003 AMC 40320 b

1    establishment licensed under the Assisted Living and
2    Shared Housing Act, except only for purposes of the
3    employment of persons in accordance with Section 3-206.01;
4        (11) An Alzheimer's disease management center
5    alternative health care model licensed under the
6    Alternative Health Care Delivery Act;
7        (12) A home, institution, or other place operated by or
8    under the authority of the Illinois Department of Veterans'
9    Affairs; or
10        (13) Any MC/DD facility licensed under the MC/DD Act.
11(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
12revised 10-14-15.)
 
13    Section 295. The Hospital Licensing Act is amended by
14changing Sections 6.09, 10.2, and 10.7 as follows:
 
15    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
16    Sec. 6.09. (a) In order to facilitate the orderly
17transition of aged patients and patients with disabilities from
18hospitals to post-hospital care, whenever a patient who
19qualifies for the federal Medicare program is hospitalized, the
20patient shall be notified of discharge at least 24 hours prior
21to discharge from the hospital. With regard to pending
22discharges to a skilled nursing facility, the hospital must
23notify the case coordination unit, as defined in 89 Ill. Adm.
24Code 240.260, at least 24 hours prior to discharge. When the

 

 

HB5540 Engrossed- 699 -LRB099 16003 AMC 40320 b

1assessment is completed in the hospital, the case coordination
2unit shall provide the discharge planner with a copy of the
3prescreening information and accompanying materials, which the
4discharge planner shall transmit when the patient is discharged
5to a skilled nursing facility. If home health services are
6ordered, the hospital must inform its designated case
7coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
8the pending discharge and must provide the patient with the
9case coordination unit's telephone number and other contact
10information.
11    (b) Every hospital shall develop procedures for a physician
12with medical staff privileges at the hospital or any
13appropriate medical staff member to provide the discharge
14notice prescribed in subsection (a) of this Section. The
15procedures must include prohibitions against discharging or
16referring a patient to any of the following if unlicensed,
17uncertified, or unregistered: (i) a board and care facility, as
18defined in the Board and Care Home Act; (ii) an assisted living
19and shared housing establishment, as defined in the Assisted
20Living and Shared Housing Act; (iii) a facility licensed under
21the Nursing Home Care Act, the Specialized Mental Health
22Rehabilitation Act of 2013, the ID/DD Community Care Act, or
23the MC/DD Act; (iv) a supportive living facility, as defined in
24Section 5-5.01a of the Illinois Public Aid Code; or (v) a
25free-standing hospice facility licensed under the Hospice
26Program Licensing Act if licensure, certification, or

 

 

HB5540 Engrossed- 700 -LRB099 16003 AMC 40320 b

1registration is required. The Department of Public Health shall
2annually provide hospitals with a list of licensed, certified,
3or registered board and care facilities, assisted living and
4shared housing establishments, nursing homes, supportive
5living facilities, facilities licensed under the ID/DD
6Community Care Act, the MC/DD Act, or the Specialized Mental
7Health Rehabilitation Act of 2013, and hospice facilities.
8Reliance upon this list by a hospital shall satisfy compliance
9with this requirement. The procedure may also include a waiver
10for any case in which a discharge notice is not feasible due to
11a short length of stay in the hospital by the patient, or for
12any case in which the patient voluntarily desires to leave the
13hospital before the expiration of the 24 hour period.
14    (c) At least 24 hours prior to discharge from the hospital,
15the patient shall receive written information on the patient's
16right to appeal the discharge pursuant to the federal Medicare
17program, including the steps to follow to appeal the discharge
18and the appropriate telephone number to call in case the
19patient intends to appeal the discharge.
20    (d) Before transfer of a patient to a long term care
21facility licensed under the Nursing Home Care Act where elderly
22persons reside, a hospital shall as soon as practicable
23initiate a name-based criminal history background check by
24electronic submission to the Department of State Police for all
25persons between the ages of 18 and 70 years; provided, however,
26that a hospital shall be required to initiate such a background

 

 

HB5540 Engrossed- 701 -LRB099 16003 AMC 40320 b

1check only with respect to patients who:
2        (1) are transferring to a long term care facility for
3    the first time;
4        (2) have been in the hospital more than 5 days;
5        (3) are reasonably expected to remain at the long term
6    care facility for more than 30 days;
7        (4) have a known history of serious mental illness or
8    substance abuse; and
9        (5) are independently ambulatory or mobile for more
10    than a temporary period of time.
11    A hospital may also request a criminal history background
12check for a patient who does not meet any of the criteria set
13forth in items (1) through (5).
14    A hospital shall notify a long term care facility if the
15hospital has initiated a criminal history background check on a
16patient being discharged to that facility. In all circumstances
17in which the hospital is required by this subsection to
18initiate the criminal history background check, the transfer to
19the long term care facility may proceed regardless of the
20availability of criminal history results. Upon receipt of the
21results, the hospital shall promptly forward the results to the
22appropriate long term care facility. If the results of the
23background check are inconclusive, the hospital shall have no
24additional duty or obligation to seek additional information
25from, or about, the patient.
26(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;

 

 

HB5540 Engrossed- 702 -LRB099 16003 AMC 40320 b

199-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
 
2    (210 ILCS 85/10.2)  (from Ch. 111 1/2, par. 151.2)
3    Sec. 10.2. Because the candid and conscientious evaluation
4of clinical practices is essential to the provision of adequate
5hospital care, it is the policy of this State to encourage peer
6review by health care providers. Therefore, no hospital and no
7individual who is a member, agent, or employee of a hospital,
8hospital medical staff, hospital administrative staff, or
9hospital governing board shall be liable for civil damages as a
10result of the acts, omissions, decisions, or any other conduct,
11except those involving wilful or wanton misconduct, of a
12medical utilization committee, medical review committee,
13patient care audit committee, medical care evaluation
14committee, quality review committee, credential committee,
15peer review committee, or any other committee or individual
16whose purpose, directly or indirectly, is internal quality
17control or medical study to reduce morbidity or mortality, or
18for improving patient care within a hospital, or the improving
19or benefiting of patient care and treatment, whether within a
20hospital or not, or for the purpose of professional discipline
21including institution of a summary suspension in accordance
22with Section 10.4 of this Act and the medical staff bylaws.
23Nothing in this Section shall relieve any individual or
24hospital from liability arising from treatment of a patient.
25Any individual or hospital from liability arising from

 

 

HB5540 Engrossed- 703 -LRB099 16003 AMC 40320 b

1treatment of a patient. For the purposes of this Section,
2"wilful and wanton misconduct" means a course of action that
3shows actual or deliberate intention to harm or that, if not
4intentional, shows an utter indifference to or conscious
5disregard for a person's own safety and the safety of others.
6(Source: P.A. 91-448, eff. 8-6-99; revised 10-9-15.)
 
7    (210 ILCS 85/10.7)
8    Sec. 10.7. Clinical privileges; advanced practice nurses.
9All hospitals licensed under this Act shall comply with the
10following requirements:
11        (1) No hospital policy, rule, regulation, or practice
12    shall be inconsistent with the provision of adequate
13    collaboration and consultation in accordance with Section
14    54.5 of the Medical Practice Act of 1987.
15        (2) Operative surgical procedures shall be performed
16    only by a physician licensed to practice medicine in all
17    its branches under the Medical Practice Act of 1987, a
18    dentist licensed under the Illinois Dental Practice Act, or
19    a podiatric physician licensed under the Podiatric Medical
20    Practice Act of 1987, with medical staff membership and
21    surgical clinical privileges granted at the hospital. A
22    licensed physician, dentist, or podiatric physician may be
23    assisted by a physician licensed to practice medicine in
24    all its branches, dentist, dental assistant, podiatric
25    physician, licensed advanced practice nurse, licensed

 

 

HB5540 Engrossed- 704 -LRB099 16003 AMC 40320 b

1    physician assistant, licensed registered nurse, licensed
2    practical nurse, surgical assistant, surgical technician,
3    or other individuals granted clinical privileges to assist
4    in surgery at the hospital. Payment for services rendered
5    by an assistant in surgery who is not a hospital employee
6    shall be paid at the appropriate non-physician modifier
7    rate if the payor would have made payment had the same
8    services been provided by a physician.
9        (2.5) A registered nurse licensed under the Nurse
10    Practice Act and qualified by training and experience in
11    operating room nursing shall be present in the operating
12    room and function as the circulating nurse during all
13    invasive or operative procedures. For purposes of this
14    paragraph (2.5), "circulating nurse" means a registered
15    nurse who is responsible for coordinating all nursing care,
16    patient safety needs, and the needs of the surgical team in
17    the operating room during an invasive or operative
18    procedure.
19        (3) An advanced practice nurse is not required to
20    possess prescriptive authority or a written collaborative
21    agreement meeting the requirements of the Nurse Practice
22    Act to provide advanced practice nursing services in a
23    hospital. An advanced practice nurse must possess clinical
24    privileges recommended by the medical staff and granted by
25    the hospital in order to provide services. Individual
26    advanced practice nurses may also be granted clinical

 

 

HB5540 Engrossed- 705 -LRB099 16003 AMC 40320 b

1    privileges to order, select, and administer medications,
2    including controlled substances, to provide delineated
3    care. The attending physician must determine the advanced
4    advance practice nurse's role in providing care for his or
5    her patients, except as otherwise provided in medical staff
6    bylaws. The medical staff shall periodically review the
7    services of advanced practice nurses granted privileges.
8    This review shall be conducted in accordance with item (2)
9    of subsection (a) of Section 10.8 of this Act for advanced
10    practice nurses employed by the hospital.
11        (4) The anesthesia service shall be under the direction
12    of a physician licensed to practice medicine in all its
13    branches who has had specialized preparation or experience
14    in the area or who has completed a residency in
15    anesthesiology. An anesthesiologist, Board certified or
16    Board eligible, is recommended. Anesthesia services may
17    only be administered pursuant to the order of a physician
18    licensed to practice medicine in all its branches, licensed
19    dentist, or licensed podiatric physician.
20            (A) The individuals who, with clinical privileges
21        granted at the hospital, may administer anesthesia
22        services are limited to the following:
23                (i) an anesthesiologist; or
24                (ii) a physician licensed to practice medicine
25            in all its branches; or
26                (iii) a dentist with authority to administer

 

 

HB5540 Engrossed- 706 -LRB099 16003 AMC 40320 b

1            anesthesia under Section 8.1 of the Illinois
2            Dental Practice Act; or
3                (iv) a licensed certified registered nurse
4            anesthetist; or
5                (v) a podiatric physician licensed under the
6            Podiatric Medical Practice Act of 1987.
7            (B) For anesthesia services, an anesthesiologist
8        shall participate through discussion of and agreement
9        with the anesthesia plan and shall remain physically
10        present and be available on the premises during the
11        delivery of anesthesia services for diagnosis,
12        consultation, and treatment of emergency medical
13        conditions. In the absence of 24-hour availability of
14        anesthesiologists with medical staff privileges, an
15        alternate policy (requiring participation, presence,
16        and availability of a physician licensed to practice
17        medicine in all its branches) shall be developed by the
18        medical staff and licensed hospital in consultation
19        with the anesthesia service.
20            (C) A certified registered nurse anesthetist is
21        not required to possess prescriptive authority or a
22        written collaborative agreement meeting the
23        requirements of Section 65-35 of the Nurse Practice Act
24        to provide anesthesia services ordered by a licensed
25        physician, dentist, or podiatric physician. Licensed
26        certified registered nurse anesthetists are authorized

 

 

HB5540 Engrossed- 707 -LRB099 16003 AMC 40320 b

1        to select, order, and administer drugs and apply the
2        appropriate medical devices in the provision of
3        anesthesia services under the anesthesia plan agreed
4        with by the anesthesiologist or, in the absence of an
5        available anesthesiologist with clinical privileges,
6        agreed with by the operating physician, operating
7        dentist, or operating podiatric physician in
8        accordance with the hospital's alternative policy.
9(Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)
 
10    Section 300. The Illinois Migrant Labor Camp Law is amended
11by changing Sections 4 and 6 as follows:
 
12    (210 ILCS 110/4)  (from Ch. 111 1/2, par. 185.4)
13    Sec. 4. Applications for a license to operate or maintain a
14Migrant Labor Camp or for a renewal thereof shall be made upon
15paper or electronic forms to be furnished by the Department.
16Such application shall include:
17        (a) The name and address of the applicant or
18    applicants. If the applicant is a partnership, the names
19    and addresses of all the partners shall also be given. If
20    the applicant is a corporation, the names and addresses of
21    the principal officers of the corporation shall be given.
22        (b) The approximate legal description and the address
23    of the tract of land upon which the applicant proposes to
24    operate and maintain such Migrant Labor Camp.

 

 

HB5540 Engrossed- 708 -LRB099 16003 AMC 40320 b

1        (c) A general plan or sketch of the campsite camp site
2    showing the location of the buildings or facilities
3    together with a description of the buildings, of the water
4    supply, of the toilet, bathing, and laundry facilities, and
5    of the fire protection equipment.
6        (d) The date upon which the occupancy and use of the
7    Migrant Labor Camp will commence.
8    The application for the original license or for any renewal
9thereof shall be accompanied by a fee of $100.
10    Application for the original license or for a renewal of
11the license shall be filed with the Department at least 10
12business days prior to the date on which the occupancy and use
13of such camp is to commence. The camp shall be ready for
14inspection at least 5 business days prior to the date upon
15which the occupancy and use of such camp is to commence.
16(Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14;
17revised 10-14-15.)
 
18    (210 ILCS 110/6)  (from Ch. 111 1/2, par. 185.6)
19    Sec. 6. Upon receipt of an application for a license, the
20Department shall inspect, at its earliest opportunity, the
21campsite camp site and the facilities described in the
22application. If the Department finds that the Migrant Labor
23Camp described in the application meets and complies with the
24provisions of this Act and the rules of the Department in
25relation thereto, the Director shall issue a license to the

 

 

HB5540 Engrossed- 709 -LRB099 16003 AMC 40320 b

1applicant for the operation of the camp.
2    If the application is denied, the Department shall notify
3the applicant in writing of such denial setting forth the
4reasons therefor. If the conditions constituting the basis for
5such denial are remediable, the applicant may correct such
6conditions and notify the Department in writing indicating
7therein the manner in which such conditions have been remedied.
8Notifications of corrections shall be processed in the same
9manner as the original application.
10(Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14;
11revised 10-14-15.)
 
12    Section 305. The Tanning Facility Permit Act is amended by
13changing Section 80 as follows:
 
14    (210 ILCS 145/80)  (from Ch. 111 1/2, par. 8351-80)
15    Sec. 80. Public nuisance.
16    (a) Any tanning facility operating without a valid permit
17or operating on a revoked permit shall be guilty of committing
18a public nuisance.
19    (b) A person convicted of knowingly maintaining a public
20nuisance commits a Class A misdemeanor. Each subsequent offense
21under this Section is a Class 4 felony.
22    (c) The Attorney General of this State or the State's
23States Attorney of the county wherein the nuisance exists may
24commence an action to abate the nuisance. The court may without

 

 

HB5540 Engrossed- 710 -LRB099 16003 AMC 40320 b

1notice or bond enter a temporary restraining order or a
2preliminary injunction to enjoin the defendant from operating
3in violation of this Act.
4(Source: P.A. 87-636; revised 10-9-15.)
 
5    Section 310. The Illinois Insurance Code is amended by
6changing Sections 131.4, 143a, 147.1, 356g, 356z.2, 460,
7512.59, 902, and 1202 as follows:
 
8    (215 ILCS 5/131.4)  (from Ch. 73, par. 743.4)
9    Sec. 131.4. Acquisition of control of or merger with
10domestic company.
11    (a) No person other than the issuer may make a tender for
12or a request or invitation for tenders of, or enter into an
13agreement to exchange securities for, or seek to acquire or
14acquire shareholders' proxies to vote or seek to acquire or
15acquire in the open market, or otherwise, any voting security
16of a domestic company or acquire policyholders' proxies of a
17domestic company or any entity that controls a domestic
18company, for consideration if, after the consummation thereof,
19that person would, directly or indirectly, (or by conversion or
20by exercise of any right to acquire) be in control of the
21company, and no person may enter into an agreement to merge or
22consolidate with or otherwise to acquire control of a domestic
23company, unless the offer, request, invitation, or agreement is
24conditioned on receiving the approval of the Director based on

 

 

HB5540 Engrossed- 711 -LRB099 16003 AMC 40320 b

1Section 131.8 of this Article and no such acquisition of
2control or a merger with a domestic company may be consummated
3unless the person has filed with the Director and has sent to
4the company a statement containing the information required by
5Section 131.5 and the Director has approved the transaction or
6granted an exemption. Prior to the acquisition, the Director
7may conclude that a statement need not be filed by the
8acquiring party if the acquiring party demonstrates to the
9satisfaction of the Director that:
10        (1) such transaction will not result in the change of
11    control of the domestic company; or
12        (2) (blank);
13        (3) the acquisition of, or attempt to acquire control
14    of, such other person is subject to requirements in the
15    jurisdiction of its domicile which are substantially
16    similar to those contained in this Section and Sections
17    131.5 through 131.12; or
18        (4) the control of the policyholders' proxies is being
19    acquired solely by virtue of the holders official office
20    and not as the result of any agreement or for any
21    consideration.
22    The purpose of this Section is to afford to the Director
23the opportunity to review acquisitions in order to determine
24whether or not the acquisition would be adverse to the
25interests of the existing and future policyholders of the
26company.

 

 

HB5540 Engrossed- 712 -LRB099 16003 AMC 40320 b

1    (b) For purposes of this Section, any controlling person of
2a domestic company seeking to divest its controlling interest
3in the domestic company in any manner shall file with the
4Director, with a copy to the company, confidential notice of
5its proposed divestiture at least 30 days prior to the
6cessation of control. The Director shall determine those
7instances in which the party or parties seeking to divest or to
8acquire a controlling interest in a company shall be required
9to file for and obtain approval of the transaction. The
10information shall remain confidential until the conclusion of
11the transaction unless the Director, in his or her discretion,
12determines that confidential treatment shall interfere with
13enforcement of this Section. If the statement referred to in
14subsection (a) of this Section is otherwise filed in connection
15with the proposed divestiture divesture or related
16acquisition, this subsection (b) shall not apply.
17    (c) For purposes of this Section, a domestic company shall
18include any person controlling a domestic company unless the
19person, as determined by the Director, is either directly or
20through its affiliates primarily engaged in business other than
21the business of insurance. For the purposes of this Section,
22"person" shall not include any securities broker holding, in
23the usual and customary broker's function, less than 20% of the
24voting securities of an insurance company or of any person that
25controls an insurance company.
26(Source: P.A. 98-609, eff. 1-1-14; revised 10-14-15.)
 

 

 

HB5540 Engrossed- 713 -LRB099 16003 AMC 40320 b

1    (215 ILCS 5/143a)  (from Ch. 73, par. 755a)
2    Sec. 143a. Uninsured and hit and run motor vehicle
3coverage.
4    (1) No policy insuring against loss resulting from
5liability imposed by law for bodily injury or death suffered by
6any person arising out of the ownership, maintenance or use of
7a motor vehicle that is designed for use on public highways and
8that is either required to be registered in this State or is
9principally garaged in this State shall be renewed, delivered,
10or issued for delivery in this State unless coverage is
11provided therein or supplemental thereto, in limits for bodily
12injury or death set forth in Section 7-203 of the Illinois
13Vehicle Code for the protection of persons insured thereunder
14who are legally entitled to recover damages from owners or
15operators of uninsured motor vehicles and hit-and-run motor
16vehicles because of bodily injury, sickness or disease,
17including death, resulting therefrom. Uninsured motor vehicle
18coverage does not apply to bodily injury, sickness, disease, or
19death resulting therefrom, of an insured while occupying a
20motor vehicle owned by, or furnished or available for the
21regular use of the insured, a resident spouse or resident
22relative, if that motor vehicle is not described in the policy
23under which a claim is made or is not a newly acquired or
24replacement motor vehicle covered under the terms of the
25policy. The limits for any coverage for any vehicle under the

 

 

HB5540 Engrossed- 714 -LRB099 16003 AMC 40320 b

1policy may not be aggregated with the limits for any similar
2coverage, whether provided by the same insurer or another
3insurer, applying to other motor vehicles, for purposes of
4determining the total limit of insurance coverage available for
5bodily injury or death suffered by a person in any one
6accident. No policy shall be renewed, delivered, or issued for
7delivery in this State unless it is provided therein that any
8dispute with respect to the coverage and the amount of damages
9shall be submitted for arbitration to the American Arbitration
10Association and be subject to its rules for the conduct of
11arbitration hearings as to all matters except medical opinions.
12As to medical opinions, if the amount of damages being sought
13is equal to or less than the amount provided for in Section
147-203 of the Illinois Vehicle Code, then the current American
15Arbitration Association Rules shall apply. If the amount being
16sought in an American Arbitration Association case exceeds that
17amount as set forth in Section 7-203 of the Illinois Vehicle
18Code, then the Rules of Evidence that apply in the circuit
19court for placing medical opinions into evidence shall govern.
20Alternatively, disputes with respect to damages and the
21coverage shall be determined in the following manner: Upon the
22insured requesting arbitration, each party to the dispute shall
23select an arbitrator and the 2 arbitrators so named shall
24select a third arbitrator. If such arbitrators are not selected
25within 45 days from such request, either party may request that
26the arbitration be submitted to the American Arbitration

 

 

HB5540 Engrossed- 715 -LRB099 16003 AMC 40320 b

1Association. Any decision made by the arbitrators shall be
2binding for the amount of damages not exceeding $75,000 for
3bodily injury to or death of any one person, $150,000 for
4bodily injury to or death of 2 or more persons in any one motor
5vehicle accident, or the corresponding policy limits for bodily
6injury or death, whichever is less. All 3-person arbitration
7cases proceeding in accordance with any uninsured motorist
8coverage conducted in this State in which the claimant is only
9seeking monetary damages up to the limits set forth in Section
107-203 of the Illinois Vehicle Code shall be subject to the
11following rules:
12        (A) If at least 60 days' written notice of the
13    intention to offer the following documents in evidence is
14    given to every other party, accompanied by a copy of the
15    document, a party may offer in evidence, without foundation
16    or other proof:
17            (1) bills, records, and reports of hospitals,
18        doctors, dentists, registered nurses, licensed
19        practical nurses, physical therapists, and other
20        healthcare providers;
21            (2) bills for drugs, medical appliances, and
22        prostheses;
23            (3) property repair bills or estimates, when
24        identified and itemized setting forth the charges for
25        labor and material used or proposed for use in the
26        repair of the property;

 

 

HB5540 Engrossed- 716 -LRB099 16003 AMC 40320 b

1            (4) a report of the rate of earnings and time lost
2        from work or lost compensation prepared by an employer;
3            (5) the written opinion of an opinion witness, the
4        deposition of a witness, and the statement of a witness
5        that the witness would be allowed to express if
6        testifying in person, if the opinion or statement is
7        made by affidavit or by certification as provided in
8        Section 1-109 of the Code of Civil Procedure;
9            (6) any other document not specifically covered by
10        any of the foregoing provisions that is otherwise
11        admissible under the rules of evidence.
12        Any party receiving a notice under this paragraph (A)
13    may apply to the arbitrator or panel of arbitrators, as the
14    case may be, for the issuance of a subpoena directed to the
15    author or maker or custodian of the document that is the
16    subject of the notice, requiring the person subpoenaed to
17    produce copies of any additional documents as may be
18    related to the subject matter of the document that is the
19    subject of the notice. Any such subpoena shall be issued in
20    substantially similar form and served by notice as provided
21    by Illinois Supreme Court Rule 204(a)(4). Any such subpoena
22    shall be returnable not less than 5 days before the
23    arbitration hearing.
24        (B) Notwithstanding the provisions of Supreme Court
25    Rule 213(g), a party who proposes to use a written opinion
26    of an expert or opinion witness or the testimony of an

 

 

HB5540 Engrossed- 717 -LRB099 16003 AMC 40320 b

1    expert or opinion witness at the hearing may do so provided
2    a written notice of that intention is given to every other
3    party not less than 60 days prior to the date of hearing,
4    accompanied by a statement containing the identity of the
5    witness, his or her qualifications, the subject matter, the
6    basis of the witness's conclusions, and his or her opinion.
7        (C) Any other party may subpoena the author or maker of
8    a document admissible under this subsection, at that
9    party's expense, and examine the author or maker as if
10    under cross-examination. The provisions of Section 2-1101
11    of the Code of Civil Procedure shall be applicable to
12    arbitration hearings, and it shall be the duty of a party
13    requesting the subpoena to modify the form to show that the
14    appearance is set before an arbitration panel and to give
15    the time and place set for the hearing.
16        (D) The provisions of Section 2-1102 of the Code of
17    Civil Procedure shall be applicable to arbitration
18    hearings under this subsection.
19    (2) No policy insuring against loss resulting from
20liability imposed by law for property damage arising out of the
21ownership, maintenance, or use of a motor vehicle shall be
22renewed, delivered, or issued for delivery in this State with
23respect to any private passenger or recreational motor vehicle
24that is designed for use on public highways and that is either
25required to be registered in this State or is principally
26garaged in this State and is not covered by collision insurance

 

 

HB5540 Engrossed- 718 -LRB099 16003 AMC 40320 b

1under the provisions of such policy, unless coverage is made
2available in the amount of the actual cash value of the motor
3vehicle described in the policy or $15,000 whichever is less,
4subject to a $250 deductible, for the protection of persons
5insured thereunder who are legally entitled to recover damages
6from owners or operators of uninsured motor vehicles and
7hit-and-run motor vehicles because of property damage to the
8motor vehicle described in the policy.
9    There shall be no liability imposed under the uninsured
10motorist property damage coverage required by this subsection
11if the owner or operator of the at-fault uninsured motor
12vehicle or hit-and-run motor vehicle cannot be identified. This
13subsection shall not apply to any policy which does not provide
14primary motor vehicle liability insurance for liabilities
15arising from the maintenance, operation, or use of a
16specifically insured motor vehicle.
17    Each insurance company providing motor vehicle property
18damage liability insurance shall advise applicants of the
19availability of uninsured motor vehicle property damage
20coverage, the premium therefor, and provide a brief description
21of the coverage. That information need be given only once and
22shall not be required in any subsequent renewal, reinstatement
23or reissuance, substitute, amended, replacement or
24supplementary policy. No written rejection shall be required,
25and the absence of a premium payment for uninsured motor
26vehicle property damage shall constitute conclusive proof that

 

 

HB5540 Engrossed- 719 -LRB099 16003 AMC 40320 b

1the applicant or policyholder has elected not to accept
2uninsured motorist property damage coverage.
3    An insurance company issuing uninsured motor vehicle
4property damage coverage may provide that:
5        (i) Property damage losses recoverable thereunder
6    shall be limited to damages caused by the actual physical
7    contact of an uninsured motor vehicle with the insured
8    motor vehicle.
9        (ii) There shall be no coverage for loss of use of the
10    insured motor vehicle and no coverage for loss or damage to
11    personal property located in the insured motor vehicle.
12        (iii) Any claim submitted shall include the name and
13    address of the owner of the at-fault uninsured motor
14    vehicle, or a registration number and description of the
15    vehicle, or any other available information to establish
16    that there is no applicable motor vehicle property damage
17    liability insurance.
18    Any dispute with respect to the coverage and the amount of
19damages shall be submitted for arbitration to the American
20Arbitration Association and be subject to its rules for the
21conduct of arbitration hearings or for determination in the
22following manner: Upon the insured requesting arbitration,
23each party to the dispute shall select an arbitrator and the 2
24arbitrators so named shall select a third arbitrator. If such
25arbitrators are not selected within 45 days from such request,
26either party may request that the arbitration be submitted to

 

 

HB5540 Engrossed- 720 -LRB099 16003 AMC 40320 b

1the American Arbitration Association. Any arbitration
2proceeding under this subsection seeking recovery for property
3damages shall be subject to the following rules:
4        (A) If at least 60 days' written notice of the
5    intention to offer the following documents in evidence is
6    given to every other party, accompanied by a copy of the
7    document, a party may offer in evidence, without foundation
8    or other proof:
9            (1) property repair bills or estimates, when
10        identified and itemized setting forth the charges for
11        labor and material used or proposed for use in the
12        repair of the property;
13            (2) the written opinion of an opinion witness, the
14        deposition of a witness, and the statement of a witness
15        that the witness would be allowed to express if
16        testifying in person, if the opinion or statement is
17        made by affidavit or by certification as provided in
18        Section 1-109 of the Code of Civil Procedure;
19            (3) any other document not specifically covered by
20        any of the foregoing provisions that is otherwise
21        admissible under the rules of evidence.
22        Any party receiving a notice under this paragraph (A)
23    may apply to the arbitrator or panel of arbitrators, as the
24    case may be, for the issuance of a subpoena directed to the
25    author or maker or custodian of the document that is the
26    subject of the notice, requiring the person subpoenaed to

 

 

HB5540 Engrossed- 721 -LRB099 16003 AMC 40320 b

1    produce copies of any additional documents as may be
2    related to the subject matter of the document that is the
3    subject of the notice. Any such subpoena shall be issued in
4    substantially similar form and served by notice as provided
5    by Illinois Supreme Court Rule 204(a)(4). Any such subpoena
6    shall be returnable not less than 5 days before the
7    arbitration hearing.
8        (B) Notwithstanding the provisions of Supreme Court
9    Rule 213(g), a party who proposes to use a written opinion
10    of an expert or opinion witness or the testimony of an
11    expert or opinion witness at the hearing may do so provided
12    a written notice of that intention is given to every other
13    party not less than 60 days prior to the date of hearing,
14    accompanied by a statement containing the identity of the
15    witness, his or her qualifications, the subject matter, the
16    basis of the witness's conclusions, and his or her opinion.
17        (C) Any other party may subpoena the author or maker of
18    a document admissible under this subsection, at that
19    party's expense, and examine the author or maker as if
20    under cross-examination. The provisions of Section 2-1101
21    of the Code of Civil Procedure shall be applicable to
22    arbitration hearings, and it shall be the duty of a party
23    requesting the subpoena to modify the form to show that the
24    appearance is set before an arbitration panel and to give
25    the time and place set for the hearing.
26        (D) The provisions of Section 2-1102 of the Code of

 

 

HB5540 Engrossed- 722 -LRB099 16003 AMC 40320 b

1    Civil Procedure shall be applicable to arbitration
2    hearings under this subsection.
3    (3) For the purpose of the coverage, the term "uninsured
4motor vehicle" includes, subject to the terms and conditions of
5the coverage, a motor vehicle where on, before or after the
6accident date the liability insurer thereof is unable to make
7payment with respect to the legal liability of its insured
8within the limits specified in the policy because of the entry
9by a court of competent jurisdiction of an order of
10rehabilitation or liquidation by reason of insolvency on or
11after the accident date. An insurer's extension of coverage, as
12provided in this subsection, shall be applicable to all
13accidents occurring after July 1, 1967 during a policy period
14in which its insured's uninsured motor vehicle coverage is in
15effect. Nothing in this Section may be construed to prevent any
16insurer from extending coverage under terms and conditions more
17favorable to its insureds than is required by this Section.
18    (4) In the event of payment to any person under the
19coverage required by this Section and subject to the terms and
20conditions of the coverage, the insurer making the payment
21shall, to the extent thereof, be entitled to the proceeds of
22any settlement or judgment resulting from the exercise of any
23rights of recovery of the person against any person or
24organization legally responsible for the property damage,
25bodily injury or death for which the payment is made, including
26the proceeds recoverable from the assets of the insolvent

 

 

HB5540 Engrossed- 723 -LRB099 16003 AMC 40320 b

1insurer. With respect to payments made by reason of the
2coverage described in subsection (3), the insurer making such
3payment shall not be entitled to any right of recovery against
4the tortfeasor tort-feasor in excess of the proceeds recovered
5from the assets of the insolvent insurer of the tortfeasor
6tort-feasor.
7    (5) This amendatory Act of 1967 (Laws of Illinois 1967,
8page 875) shall not be construed to terminate or reduce any
9insurance coverage or any right of any party under this Code in
10effect before July 1, 1967. Public Act 86-1155 This amendatory
11Act of 1990 shall not be construed to terminate or reduce any
12insurance coverage or any right of any party under this Code in
13effect before its effective date.
14    (6) Failure of the motorist from whom the claimant is
15legally entitled to recover damages to file the appropriate
16forms with the Safety Responsibility Section of the Department
17of Transportation within 120 days of the accident date shall
18create a rebuttable presumption that the motorist was uninsured
19at the time of the injurious occurrence.
20    (7) An insurance carrier may upon good cause require the
21insured to commence a legal action against the owner or
22operator of an uninsured motor vehicle before good faith
23negotiation with the carrier. If the action is commenced at the
24request of the insurance carrier, the carrier shall pay to the
25insured, before the action is commenced, all court costs, jury
26fees and sheriff's fees arising from the action.

 

 

HB5540 Engrossed- 724 -LRB099 16003 AMC 40320 b

1    The changes made by Public Act 90-451 this amendatory Act
2of 1997 apply to all policies of insurance amended, delivered,
3issued, or renewed on and after January 1, 1998 (the effective
4date of Public Act 90-451) this amendatory Act of 1997.
5    (8) The changes made by Public Act 98-927 this amendatory
6Act of the 98th General Assembly apply to all policies of
7insurance amended, delivered, issued, or renewed on and after
8January 1, 2015 (the effective date of Public Act 98-927) this
9amendatory Act of the 98th General Assembly.
10(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; revised
1110-15-15.)
 
12    (215 ILCS 5/147.1)  (from Ch. 73, par. 759.1)
13    Sec. 147.1. Sale of insurance company shares.
14    (1) No shares of the capital stock of a domestic stock
15company shall be sold or offered for sale to the public in this
16State by an issuer, underwriter, dealer or controlling person
17in respect of such shares without first procuring from the
18Director a permit so to do.
19    (2) Unless the context otherwise indicates the following
20terms as used in this Section shall have the following
21meanings:
22        (a) The word "issuer" shall mean every company which
23    shall have issued or proposes to issue any such shares of
24    capital stock. ,
25        (b) The word "underwriter" shall mean any person who

 

 

HB5540 Engrossed- 725 -LRB099 16003 AMC 40320 b

1    has purchased such shares of capital stock from an issuer
2    or controlling person with a view to, or sells such shares
3    of capital stock for an issuer or a controlling person in
4    connection with, the distribution thereof, or participates
5    or has a participation in the direct or indirect
6    underwriting of such distribution; but such term shall not
7    include a person whose interest is limited to a commission
8    or discount from an underwriter or dealer not in excess of
9    the usual and customary distributor's distributer's or
10    seller's commission or discount or not in excess of any
11    applicable statutory maximum commission or discount. An
12    underwriter shall be deemed to be no longer an underwriter
13    of an issue of shares of capital stock after he has
14    completely disposed of his allotment of such shares or, if
15    he did not purchase the shares, after he has ceased to sell
16    such shares for the issuer or controlling person.
17        (c) The word "dealer" shall mean any person other than
18    an issuer, a controlling person, a bank organized under the
19    banking laws of this State or of the United States, a trust
20    company organized under the laws of this State, an
21    insurance company or a salesman, who engages in this State,
22    either for all or part of his time, directly or indirectly,
23    as agent, broker or principal, in the business of offering,
24    selling, buying and selling, or otherwise dealing or
25    trading in shares of capital stock of insurance companies.
26        (d) The words "controlling person" shall mean any

 

 

HB5540 Engrossed- 726 -LRB099 16003 AMC 40320 b

1    person selling such shares of capital stock, or group of
2    persons acting in concert in the sale of such shares,
3    owning beneficially (and in the absence of knowledge, or
4    reasonable grounds of belief, to the contrary, record
5    ownership shall for the purposes hereof be presumed to be
6    beneficial ownership) either:
7            (i) 25% or Or more of the outstanding voting shares
8        of the issuer of such shares where no other person owns
9        or controls a greater percentage of such shares, or
10            (ii) such Such number of outstanding number of
11        shares of the issuer as would enable such person, or
12        group of persons, to elect a majority of the Board of
13        Directors of such issuer.
14        (e) The word "salesman" shall mean an individual, other
15    than an issuer, an underwriter, a dealer or a controlling
16    person, employed or appointed or authorized by an issuer,
17    an underwriter, a dealer or a controlling person to sell
18    such shares in this State. The partners or officers of an
19    issuer, an underwriter, a dealer or a controlling person
20    shall not be deemed to be a salesman within the meaning of
21    this definition.
22    (3) The provisions of this Section shall not apply to any
23of the following transactions:
24        (a) The sale in good faith, whether through a dealer or
25    otherwise, of such shares by a vendor who is not an issuer,
26    underwriter, dealer or controlling person in respect of

 

 

HB5540 Engrossed- 727 -LRB099 16003 AMC 40320 b

1    such shares, and who, being the bona fide owner of such
2    shares deposes thereof for his own account; provided, that
3    such sale is not made directly or indirectly for the
4    benefit of the issuer or of an underwriter or controlling
5    person.
6        (b) The sale, issuance or exchange by an issuer of its
7    shares to or with its own shareholders, if no commission or
8    other remuneration is paid or given directly or indirectly
9    for or on account of the procuring or soliciting of such
10    sale or exchange (other than a fee paid to underwriters
11    based on their undertaking to purchase any shares not
12    purchased by shareholders in connection with such sale or
13    exchange), or the issuance by an issuer of its shares to a
14    holder of convertible securities pursuant to a conversion
15    provision granted at the time of issuance of such
16    convertible securities, provided that no commission or
17    other remuneration is paid or given directly or indirectly
18    thereon on account of the procuring or soliciting of such
19    conversion and no consideration from the holder in addition
20    to the surrender or cancellation of the convertible
21    security is required to effect the conversion.
22        (c) The sale of such shares to any corporation, bank,
23    savings institution, trust company, insurance company,
24    building and loan association, dealer, pension fund or
25    pension trust, employees profit sharing trust or to any
26    association engaged as a substantial part of its business

 

 

HB5540 Engrossed- 728 -LRB099 16003 AMC 40320 b

1    or operations in purchasing or holding securities, or to
2    any trust in respect of which a bank or trust company is
3    trustee or co-trustee.
4        (d) The sale of such shares by an executor,
5    administrator, guardian, receiver or trustee in insolvency
6    or bankruptcy or at any judicial sale or at a public sale
7    by auction held at an advertised time and place or the sale
8    of such shares in good faith and not for the purpose of
9    avoiding the provisions of this Section by a pledgee of
10    such shares pledged for a bona fide debt.
11        (e) Such other transaction as may be declared by ruling
12    of the Director to be exempt from the provisions of this
13    Section.
14    (4) Prior to the issuance of any permit under this Section,
15there shall be delivered to the Director two copies of the
16following:
17        (a) the prospectus which is to be used in connection
18    with the sale of such shares;
19        (b) the underwriting and selling agreements, if any;
20        (c) the subscription agreement;
21        (d) the depository agreement under which the
22    subscription proceeds are to be held;
23        (e) any and all other documents, agreements, contracts
24    and other papers of whatever nature which are to be used in
25    connection with or relative to the sale of such shares,
26    which may be required by the Director.

 

 

HB5540 Engrossed- 729 -LRB099 16003 AMC 40320 b

1    (5) The Director shall within a reasonable time examine the
2documents submitted to him and unless he finds from said
3documents that the sale of said shares is inequitable or would
4work or tend to work a fraud or deceit upon the purchasers
5thereof, he shall issue a permit authorizing the sale of said
6shares.
7    (6) The Director shall have the power to prescribe such
8rules and regulations relating to the sale, issuance, and
9offering of said shares as will effectuate the purpose of this
10section to the end that no inequity, fraud or deceit will be
11perpetrated upon the purchasers thereof.
12    (7) If the Director finds that any of the provisions of
13this Section or of the rules and regulations adopted pursuant
14hereto have been violated or that the sale, issuance or
15offering of any such shares is inequitable or works or tends to
16work a fraud or deceit upon the purchasers thereof he may
17refuse to issue a permit to sell, issue or offer such shares or
18may, after notice and hearing, revoke such permit. The action
19of the Director in refusing, after due application therefor in
20form prescribed by the Director, or revoking, any such permit
21shall be subject to judicial review in the manner prescribed by
22the insurance laws of this State.
23    (8) Any person who violates any of the provisions of this
24Section shall be guilty of a business offense and, upon
25conviction thereof shall be fined not less than $1,000 nor more
26than the greater of either $5,000 or twice the whole amount,

 

 

HB5540 Engrossed- 730 -LRB099 16003 AMC 40320 b

1received upon the sale of shares in violation of this Section
2and may in addition, if a natural person, be convicted of a
3Class A misdemeanor.
4(Source: P.A. 84-502; revised 10-21-15.)
 
5    (215 ILCS 5/356g)  (from Ch. 73, par. 968g)
6    (Text of Section before amendment by P.A. 99-407)
7    Sec. 356g. Mammograms; mastectomies.
8    (a) Every insurer shall provide in each group or individual
9policy, contract, or certificate of insurance issued or renewed
10for persons who are residents of this State, coverage for
11screening by low-dose mammography for all women 35 years of age
12or older for the presence of occult breast cancer within the
13provisions of the policy, contract, or certificate. The
14coverage shall be as follows:
15         (1) A baseline mammogram for women 35 to 39 years of
16    age.
17         (2) An annual mammogram for women 40 years of age or
18    older.
19         (3) A mammogram at the age and intervals considered
20    medically necessary by the woman's health care provider for
21    women under 40 years of age and having a family history of
22    breast cancer, prior personal history of breast cancer,
23    positive genetic testing, or other risk factors.
24        (4) A comprehensive ultrasound screening of an entire
25    breast or breasts if a mammogram demonstrates

 

 

HB5540 Engrossed- 731 -LRB099 16003 AMC 40320 b

1    heterogeneous or dense breast tissue, when medically
2    necessary as determined by a physician licensed to practice
3    medicine in all of its branches.
4        (5) A screening MRI when medically necessary, as
5    determined by a physician licensed to practice medicine in
6    all of its branches.
7    For purposes of this Section, "low-dose mammography" means
8the x-ray examination of the breast using equipment dedicated
9specifically for mammography, including the x-ray tube,
10filter, compression device, and image receptor, with radiation
11exposure delivery of less than 1 rad per breast for 2 views of
12an average size breast. The term also includes digital
13mammography.
14    (a-5) Coverage as described by subsection (a) shall be
15provided at no cost to the insured and shall not be applied to
16an annual or lifetime maximum benefit.
17    (a-10) When health care services are available through
18contracted providers and a person does not comply with plan
19provisions specific to the use of contracted providers, the
20requirements of subsection (a-5) are not applicable. When a
21person does not comply with plan provisions specific to the use
22of contracted providers, plan provisions specific to the use of
23non-contracted providers must be applied without distinction
24for coverage required by this Section and shall be at least as
25favorable as for other radiological examinations covered by the
26policy or contract.

 

 

HB5540 Engrossed- 732 -LRB099 16003 AMC 40320 b

1    (b) No policy of accident or health insurance that provides
2for the surgical procedure known as a mastectomy shall be
3issued, amended, delivered, or renewed in this State unless
4that coverage also provides for prosthetic devices or
5reconstructive surgery incident to the mastectomy. Coverage
6for breast reconstruction in connection with a mastectomy shall
7include:
8        (1) reconstruction of the breast upon which the
9    mastectomy has been performed;
10        (2) surgery and reconstruction of the other breast to
11    produce a symmetrical appearance; and
12        (3) prostheses and treatment for physical
13    complications at all stages of mastectomy, including
14    lymphedemas.
15Care shall be determined in consultation with the attending
16physician and the patient. The offered coverage for prosthetic
17devices and reconstructive surgery shall be subject to the
18deductible and coinsurance conditions applied to the
19mastectomy, and all other terms and conditions applicable to
20other benefits. When a mastectomy is performed and there is no
21evidence of malignancy then the offered coverage may be limited
22to the provision of prosthetic devices and reconstructive
23surgery to within 2 years after the date of the mastectomy. As
24used in this Section, "mastectomy" means the removal of all or
25part of the breast for medically necessary reasons, as
26determined by a licensed physician.

 

 

HB5540 Engrossed- 733 -LRB099 16003 AMC 40320 b

1    Written notice of the availability of coverage under this
2Section shall be delivered to the insured upon enrollment and
3annually thereafter. An insurer may not deny to an insured
4eligibility, or continued eligibility, to enroll or to renew
5coverage under the terms of the plan solely for the purpose of
6avoiding the requirements of this Section. An insurer may not
7penalize or reduce or limit the reimbursement of an attending
8provider or provide incentives (monetary or otherwise) to an
9attending provider to induce the provider to provide care to an
10insured in a manner inconsistent with this Section.
11    (c) Rulemaking authority to implement Public Act 95-1045
12this amendatory Act of the 95th General Assembly, if any, is
13conditioned on the rules being adopted in accordance with all
14provisions of the Illinois Administrative Procedure Act and all
15rules and procedures of the Joint Committee on Administrative
16Rules; any purported rule not so adopted, for whatever reason,
17is unauthorized.
18(Source: P.A. 99-433, eff. 8-21-15; revised 10-20-15.)
 
19    (Text of Section after amendment by P.A. 99-407)
20    Sec. 356g. Mammograms; mastectomies.
21    (a) Every insurer shall provide in each group or individual
22policy, contract, or certificate of insurance issued or renewed
23for persons who are residents of this State, coverage for
24screening by low-dose mammography for all women 35 years of age
25or older for the presence of occult breast cancer within the

 

 

HB5540 Engrossed- 734 -LRB099 16003 AMC 40320 b

1provisions of the policy, contract, or certificate. The
2coverage shall be as follows:
3         (1) A baseline mammogram for women 35 to 39 years of
4    age.
5         (2) An annual mammogram for women 40 years of age or
6    older.
7         (3) A mammogram at the age and intervals considered
8    medically necessary by the woman's health care provider for
9    women under 40 years of age and having a family history of
10    breast cancer, prior personal history of breast cancer,
11    positive genetic testing, or other risk factors.
12        (4) A comprehensive ultrasound screening of an entire
13    breast or breasts if a mammogram demonstrates
14    heterogeneous or dense breast tissue, when medically
15    necessary as determined by a physician licensed to practice
16    medicine in all of its branches.
17        (5) A screening MRI when medically necessary, as
18    determined by a physician licensed to practice medicine in
19    all of its branches.
20    For purposes of this Section, "low-dose mammography" means
21the x-ray examination of the breast using equipment dedicated
22specifically for mammography, including the x-ray tube,
23filter, compression device, and image receptor, with radiation
24exposure delivery of less than 1 rad per breast for 2 views of
25an average size breast. The term also includes digital
26mammography and includes breast tomosynthesis. As used in this

 

 

HB5540 Engrossed- 735 -LRB099 16003 AMC 40320 b

1Section, the term "breast tomosynthesis" means a radiologic
2procedure that involves the acquisition of projection images
3over the stationary breast to produce cross-sectional digital
4three-dimensional images of the breast.
5    (a-5) Coverage as described by subsection (a) shall be
6provided at no cost to the insured and shall not be applied to
7an annual or lifetime maximum benefit.
8    (a-10) When health care services are available through
9contracted providers and a person does not comply with plan
10provisions specific to the use of contracted providers, the
11requirements of subsection (a-5) are not applicable. When a
12person does not comply with plan provisions specific to the use
13of contracted providers, plan provisions specific to the use of
14non-contracted providers must be applied without distinction
15for coverage required by this Section and shall be at least as
16favorable as for other radiological examinations covered by the
17policy or contract.
18    (b) No policy of accident or health insurance that provides
19for the surgical procedure known as a mastectomy shall be
20issued, amended, delivered, or renewed in this State unless
21that coverage also provides for prosthetic devices or
22reconstructive surgery incident to the mastectomy. Coverage
23for breast reconstruction in connection with a mastectomy shall
24include:
25        (1) reconstruction of the breast upon which the
26    mastectomy has been performed;

 

 

HB5540 Engrossed- 736 -LRB099 16003 AMC 40320 b

1        (2) surgery and reconstruction of the other breast to
2    produce a symmetrical appearance; and
3        (3) prostheses and treatment for physical
4    complications at all stages of mastectomy, including
5    lymphedemas.
6Care shall be determined in consultation with the attending
7physician and the patient. The offered coverage for prosthetic
8devices and reconstructive surgery shall be subject to the
9deductible and coinsurance conditions applied to the
10mastectomy, and all other terms and conditions applicable to
11other benefits. When a mastectomy is performed and there is no
12evidence of malignancy then the offered coverage may be limited
13to the provision of prosthetic devices and reconstructive
14surgery to within 2 years after the date of the mastectomy. As
15used in this Section, "mastectomy" means the removal of all or
16part of the breast for medically necessary reasons, as
17determined by a licensed physician.
18    Written notice of the availability of coverage under this
19Section shall be delivered to the insured upon enrollment and
20annually thereafter. An insurer may not deny to an insured
21eligibility, or continued eligibility, to enroll or to renew
22coverage under the terms of the plan solely for the purpose of
23avoiding the requirements of this Section. An insurer may not
24penalize or reduce or limit the reimbursement of an attending
25provider or provide incentives (monetary or otherwise) to an
26attending provider to induce the provider to provide care to an

 

 

HB5540 Engrossed- 737 -LRB099 16003 AMC 40320 b

1insured in a manner inconsistent with this Section.
2    (c) Rulemaking authority to implement Public Act 95-1045
3this amendatory Act of the 95th General Assembly, if any, is
4conditioned on the rules being adopted in accordance with all
5provisions of the Illinois Administrative Procedure Act and all
6rules and procedures of the Joint Committee on Administrative
7Rules; any purported rule not so adopted, for whatever reason,
8is unauthorized.
9(Source: P.A. 99-407 (see Section 99 of P.A. 99-407 for its
10effective date); 99-433, eff. 8-21-15; revised 10-20-15.)
 
11    (215 ILCS 5/356z.2)
12    Sec. 356z.2. Coverage for adjunctive services in dental
13care.
14    (a) An individual or group policy of accident and health
15insurance amended, delivered, issued, or renewed after January
161, 2003 (the effective date of Public Act 92-764) this
17amendatory Act of the 92nd General Assembly shall cover charges
18incurred, and anesthetics provided, in conjunction with dental
19care that is provided to a covered individual in a hospital or
20an ambulatory surgical treatment center if any of the following
21applies:
22        (1) the individual is a child age 6 or under;
23        (2) the individual has a medical condition that
24    requires hospitalization or general anesthesia for dental
25    care; or

 

 

HB5540 Engrossed- 738 -LRB099 16003 AMC 40320 b

1        (3) the individual is a person with a disability.
2    (a-5) An individual or group policy of accident and health
3insurance amended, delivered, issued, or renewed after January
41, 2016 (the effective date of Public Act 99-141) this
5amendatory Act of the 99th General Assembly shall cover charges
6incurred, and anesthetics provided by a dentist with a permit
7provided under Section 8.1 of the Illinois Dental Practice Act,
8in conjunction with dental care that is provided to a covered
9individual in a dental office, oral surgeon's office, hospital,
10or ambulatory surgical treatment center if the individual is
11under age 19 and has been diagnosed with an autism spectrum
12disorder as defined in Section 10 of the Autism Spectrum
13Disorders Reporting Act or a developmental disability. A
14covered individual shall be required to make 2 visits to the
15dental care provider prior to accessing other coverage under
16this subsection.
17    For purposes of this subsection, "developmental
18disability" means a disability that is attributable to an
19intellectual disability or a related condition, if the related
20condition meets all of the following conditions:
21        (1) it is attributable to cerebral palsy, epilepsy, or
22    any other condition, other than mental illness, found to be
23    closely related to an intellectual disability because that
24    condition results in impairment of general intellectual
25    functioning or adaptive behavior similar to that of
26    individuals with an intellectual disability and requires

 

 

HB5540 Engrossed- 739 -LRB099 16003 AMC 40320 b

1    treatment or services similar to those required for those
2    individuals; for purposes of this definition, autism is
3    considered a related condition;
4        (2) it is manifested before the individual reaches age
5    22;
6        (3) it is likely to continue indefinitely; and
7        (4) it results in substantial functional limitations
8    in 3 or more of the following areas of major life activity:
9    self-care, language, learning, mobility, self-direction,
10    and capacity for independent living.
11    (b) For purposes of this Section, "ambulatory surgical
12treatment center" has the meaning given to that term in Section
133 of the Ambulatory Surgical Treatment Center Act.
14    For purposes of this Section, "person with a disability"
15means a person, regardless of age, with a chronic disability if
16the chronic disability meets all of the following conditions:
17        (1) It is attributable to a mental or physical
18    impairment or     combination of mental and physical
19    impairments.
20        (2) It is likely to continue.
21        (3) It results in substantial functional limitations
22    in one or more of the following areas of major life
23    activity:
24            (A) self-care;
25            (B) receptive and expressive language;
26            (C) learning;

 

 

HB5540 Engrossed- 740 -LRB099 16003 AMC 40320 b

1            (D) mobility;
2            (E) capacity for independent living; or
3            (F) economic self-sufficiency.
4    (c) The coverage required under this Section may be subject
5to any limitations, exclusions, or cost-sharing provisions
6that apply generally under the insurance policy.
7    (d) This Section does not apply to a policy that covers
8only dental care.
9    (e) Nothing in this Section requires that the dental
10services be covered.
11    (f) The provisions of this Section do not apply to
12short-term travel, accident-only, limited, or specified
13disease policies, nor to policies or contracts designed for
14issuance to persons eligible for coverage under Title XVIII of
15the Social Security Act, known as Medicare, or any other
16similar coverage under State or federal governmental plans.
17(Source: P.A. 99-141, eff. 1-1-16; 99-143, eff. 7-27-15;
18revised 10-15-15.)
 
19    (215 ILCS 5/460)  (from Ch. 73, par. 1065.7)
20    Sec. 460. Competitive market; approval of rates Market,
21Approval of Rates.
22    (a) Beginning January 1, 1983, a competitive market is
23presumed to exist unless the Director, after a hearing,
24determines that a reasonable degree of competition does not
25exist in the market and the Director issues a ruling to that

 

 

HB5540 Engrossed- 741 -LRB099 16003 AMC 40320 b

1effect. For purposes of this Article only, market shall mean
2the statewide workers' compensation and employers' liability
3lines of business. In determining whether a reasonable degree
4of competition exists, the Director shall consider relevant
5tests of workable competition pertaining to market structure,
6market performance and market conduct. Such tests may include,
7but need not be limited to, the following: size and number of
8firms actively engaged in the market, market shares and changes
9in market shares of firms, ease of entry and exit from a given
10market, underwriting restriction, and whether profitability
11for companies generally in the market is unreasonably high. The
12determination of competition involves the interaction of the
13various tests and the weight given to specific tests depends
14upon the particular situation and pattern of test results.
15    In determining whether or not a competitive market exists,
16the Director shall monitor the degree of competition in this
17State. In doing so, he shall utilize existing relevant
18information, analytical systems and other sources; cause or
19participate in the development of new relevant information,
20analytical systems and other sources; or rely on some
21combination thereof. Such activities may be conducted
22internally within the Department of Insurance, in cooperation
23with other state insurance departments, through outside
24contractors, or in any other appropriate manner.
25    (b) If the Director finds that a reasonable degree of
26competition does not exist in a market, he may require that the

 

 

HB5540 Engrossed- 742 -LRB099 16003 AMC 40320 b

1insurers in that market file supporting information in support
2of existing rates. If the Director believes that such rates may
3violate any of the requirements of this Article, he shall call
4a hearing prior to any disapproval. If the Director determines
5that a competitive market does not exist in the workers'
6compensation market as provided in a ruling pursuant to this
7Section, then every company must prefile every manual of
8classifications, rules, rates, rating plans, rating schedules,
9and every modification of the foregoing covered by such rule.
10Such filing shall be made at least 30 days prior to its taking
11effect, and such prefiling requirement shall remain in effect
12as long as there is a ruling in effect pursuant to this Section
13that a reasonable degree of competition does not exist.
14    (c) The Director shall disapprove a rate if he finds that
15the rate is excessive, inadequate or unfairly discriminatory as
16defined in Section 456. An insurer whose rates have been
17disapproved shall be given a hearing upon a written request
18made within 30 days after the disapproval order.
19    If the Director disapproves a rate, he shall issue an order
20specifying in what respects it fails to meet the requirements
21of this Article and stating when within a reasonable period
22thereafter such rate shall be discontinued for any policy
23issued or renewed after a date specified in the order. The
24order shall be issued within 30 days after the close of the
25hearing or within such reasonable time extension as the
26Director may fix. Such order may include a provision for

 

 

HB5540 Engrossed- 743 -LRB099 16003 AMC 40320 b

1premium adjustment for the period after the effective date of
2the order for policies in effect on such date.
3    (d) Whenever an insurer has no legally effective rates as a
4result of the Director's disapproval of rates or other act, the
5Director shall on request of the insurer specify interim rates
6for the insurer that are high enough to protect the interest of
7all parties and may order that a specified portion of the
8premiums be placed in an escrow account approved by him. When
9new rates become legally effective, the Director shall order
10the escrowed funds or any overcharge in the interim rates to be
11distributed appropriately, except that refunds to
12policyholders that are de minimis minimus shall not be
13required.
14(Source: P.A. 82-939; revised 10-21-15.)
 
15    (215 ILCS 5/512.59)  (from Ch. 73, par. 1065.59-59)
16    (Section scheduled to be repealed on January 1, 2017)
17    Sec. 512.59. Performance standards applicable to all
18Public Insurance Adjusters.
19    (a) A Public Insurance Adjuster shall not represent that he
20is a representative of an insurance company, a fire department,
21or the State of Illinois, or that he is a fire investigator, or
22that his services are required for the insured to submit a
23claim to the insured's insurance company, or that he may
24provide legal advice or representation to the insured. A Public
25Insurance Adjuster may represent that he has been licensed by

 

 

HB5540 Engrossed- 744 -LRB099 16003 AMC 40320 b

1the State of Illinois.
2    (b) A Public Insurance Adjuster shall not agree to any loss
3settlement without the insured's knowledge and consent and
4shall provide the insured with a document setting forth the
5scope, amount, and value of the damages prior to requesting the
6insured for authority to settling any loss.
7    (c) If the Public Insurance Adjuster refers the insured to
8a contractor, the Public Insurance Adjuster warrants that all
9work will be performed in a workmanlike manner and conform to
10all statutes, ordinances and codes. Should the work not be
11completed in a workmanlike manner, the Public Insurance
12Adjuster shall be responsible for any and all costs and expense
13required to complete or repair the work in a workmanlike
14manner.
15    (d) In all cases where the loss giving rise to the claim
16for which the Public Insurance Adjuster was retained arise from
17damage to a personal residence, the insurance proceeds shall be
18delivered in person to the named insured or his or her
19designee. Where proceeds paid by an insurance company are paid
20jointly to the insured and the Public Insurance Adjuster, the
21insured shall release such portion of the proceeds which are
22due the Public Insurance Adjuster within 30 calendar days after
23the insured's receipt of the insurance company's check, money
24order, draft, or release of funds. If the proceeds are not so
25released to the insured within 30 calendar days, the insured
26shall provide the Public Insurance Adjuster with a written

 

 

HB5540 Engrossed- 745 -LRB099 16003 AMC 40320 b

1explanation of the reason for the delay.
2    (e) A Public Insurance Adjuster may not propose or attempt
3to propose to any person that the Public Insurance Adjuster
4represent that person while a loss-producing occurrence is
5continuing nor while the fire department or its representatives
6are engaged at the damaged premises nor between the hours of
77:00 p.m. and 8:00 a.m..
8    (f) A Public Insurance Adjuster shall not advance money or
9any valuable consideration to an insured pending adjustment of
10a claim.
11    (g) A Public Insurance Adjuster shall not provide legal
12advice or representation to the insured, or engage in the
13unauthorized practice of law.
14(Source: P.A. 95-213, eff. 1-1-08; revised 10-21-15.)
 
15    (215 ILCS 5/902)  (from Ch. 73, par. 1065.602)
16    Sec. 902. "Entire contract Contract" specified.) Each
17group legal expense insurance policy shall provide that the
18policy, the application of the employer, or executive officer
19or trustee of any association, and the individual applications,
20if any, of the employees, members or employees of members
21insured shall constitute the entire contract between the
22parties, and that all statements made by the employer, or the
23executive officer or trustee, or by the individual employees,
24members or employees of members shall, in the absence of fraud,
25be deemed representations and not warranties warrantees, and

 

 

HB5540 Engrossed- 746 -LRB099 16003 AMC 40320 b

1that no such statement shall be used in defense to a claim
2under the policy, unless it is contained in a written
3application.
4(Source: P.A. 81-1361; revised 10-21-15.)
 
5    (215 ILCS 5/1202)  (from Ch. 73, par. 1065.902)
6    Sec. 1202. Duties. The Director shall:
7        (a) determine the relationship of insurance premiums
8    and related income as compared to insurance costs and
9    expenses and provide such information to the General
10    Assembly and the general public;
11        (b) study the insurance system in the State of
12    Illinois, and recommend to the General Assembly what it
13    deems to be the most appropriate and comprehensive cost
14    containment system for the State;
15        (c) respond to the requests by agencies of government
16    and the General Assembly for special studies and analysis
17    of data collected pursuant to this Article. Such reports
18    shall be made available in a form prescribed by the
19    Director. The Director may also determine a fee to be
20    charged to the requesting agency to cover the direct and
21    indirect costs for producing such a report, and shall
22    permit affected insurers the right to review the accuracy
23    of the report before it is released. The fees shall be
24    deposited into the Statistical Services Revolving Fund and
25    credited to the account of the Department of Insurance;

 

 

HB5540 Engrossed- 747 -LRB099 16003 AMC 40320 b

1        (d) make an interim report to the General Assembly no
2    later than August 15, 1987, and an a annual report to the
3    General Assembly no later than July 1 every year thereafter
4    which shall include the Director's findings and
5    recommendations regarding its duties as provided under
6    subsections (a), (b), and (c) of this Section.
7(Source: P.A. 98-226, eff. 1-1-14; revised 10-21-15.)
 
8    Section 315. The Public Utilities Act is amended by
9changing Sections 13-703 and 16-108.5 as follows:
 
10    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
11    (Section scheduled to be repealed on July 1, 2017)
12    Sec. 13-703. (a) The Commission shall design and implement
13a program whereby each telecommunications carrier providing
14local exchange service shall provide a telecommunications
15device capable of servicing the needs of those persons with a
16hearing or speech disability together with a single party line,
17at no charge additional to the basic exchange rate, to any
18subscriber who is certified as having a hearing or speech
19disability by a licensed physician, speech-language
20pathologist, audiologist or a qualified State agency and to any
21subscriber which is an organization serving the needs of those
22persons with a hearing or speech disability as determined and
23specified by the Commission pursuant to subsection (d).
24    (b) The Commission shall design and implement a program,

 

 

HB5540 Engrossed- 748 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 749 -LRB099 16003 AMC 40320 b

1under this Section. Beginning no later than April 1, 2016, and
2on a yearly basis thereafter, the Commission shall initiate a
3proceeding to establish the competitively neutral amount to be
4charged or assessed to subscribers of telecommunications
5carriers and wireless carriers, Interconnected VoIP service
6providers, and consumers of prepaid wireless
7telecommunications service in a manner consistent with this
8subsection (c) and subsection (f) of this Section. The
9Commission shall issue its order establishing the
10competitively neutral amount to be charged or assessed to
11subscribers of telecommunications carriers and wireless
12carriers, Interconnected VoIP service providers, and
13purchasers of prepaid wireless telecommunications service on
14or prior to June 1 of each year, and such amount shall take
15effect June 1 of each year.
16    Telecommunications carriers, wireless carriers,
17Interconnected VoIP service providers, and sellers of prepaid
18wireless telecommunications service shall have 60 days from the
19date the Commission files its order to implement the new rate
20established by the order.
21    (d) The Commission shall determine and specify those
22organizations serving the needs of those persons having a
23hearing or speech disability that shall receive a
24telecommunications device and in which offices the equipment
25shall be installed in the case of an organization having more
26than one office. For the purposes of this Section,

 

 

HB5540 Engrossed- 750 -LRB099 16003 AMC 40320 b

1"organizations serving the needs of those persons with hearing
2or speech disabilities" means centers for independent living as
3described in Section 12a of the Rehabilitation of Persons with
4Disabilities Act and not-for-profit organizations whose
5primary purpose is serving the needs of those persons with
6hearing or speech disabilities. The Commission shall direct the
7telecommunications carriers subject to its jurisdiction and
8this Section to comply with its determinations and
9specifications in this regard.
10    (e) As used in this Section:
11    "Prepaid wireless telecommunications service" has the
12meaning given to that term under Section 10 of the Prepaid
13Wireless 9-1-1 Surcharge Act.
14    "Retail transaction" has the meaning given to that term
15under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
16    "Seller" has the meaning given to that term under Section
1710 of the Prepaid Wireless 9-1-1 Surcharge Act.
18    "Telecommunications carrier providing local exchange
19service" includes, without otherwise limiting the meaning of
20the term, telecommunications carriers which are purely mutual
21concerns, having no rates or charges for services, but paying
22the operating expenses by assessment upon the members of such a
23company and no other person.
24    "Wireless carrier" has the meaning given to that term under
25Section 10 of the Wireless Emergency Telephone Safety Act.
26    (f) Interconnected VoIP service providers, sellers of

 

 

HB5540 Engrossed- 751 -LRB099 16003 AMC 40320 b

1prepaid wireless telecommunications service, and wireless
2carriers in Illinois shall collect and remit assessments
3determined in accordance with this Section in a competitively
4neutral manner in the same manner as a telecommunications
5carrier providing local exchange service. However, the
6assessment imposed on consumers of prepaid wireless
7telecommunications service shall be collected by the seller
8from the consumer and imposed per retail transaction as a
9percentage of that retail transaction on all retail
10transactions occurring in this State. The assessment on
11subscribers of wireless carriers and consumers of prepaid
12wireless telecommunications service shall not be imposed or
13collected prior to June 1, 2016.
14    Sellers of prepaid wireless telecommunications service
15shall remit the assessments to the Department of Revenue on the
16same form and in the same manner which they remit the fee
17collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
18the purposes of display on the consumers' receipts, the rates
19of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
20Act and the assessment under this Section may be combined. In
21administration and enforcement of this Section, the provisions
22of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
23Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
24Section 15 and subsections (c) and (e) of Section 20 of the
25Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
26(the effective date of Public Act 99-6) this amendatory Act of

 

 

HB5540 Engrossed- 752 -LRB099 16003 AMC 40320 b

1the 99th General Assembly, the seller shall be permitted to
2deduct and retain 3% of the assessments that are collected by
3the seller from consumers and that are remitted and timely
4filed with the Department) that are not inconsistent with this
5Section, shall apply, as far as practicable, to the subject
6matter of this Section to the same extent as if those
7provisions were included in this Section. The Department shall
8deposit all assessments and penalties collected under this
9Section into the Illinois Telecommunications Access
10Corporation Fund, a special fund created in the State treasury.
11On or before the 25th day of each calendar month, the
12Department shall prepare and certify to the Comptroller the
13amount available to the Commission for distribution out of the
14Illinois Telecommunications Access Corporation Fund. The
15amount certified shall be the amount (not including credit
16memoranda) collected during the second preceding calendar
17month by the Department, plus an amount the Department
18determines is necessary to offset any amounts which were
19erroneously paid to a different taxing body or fund. The amount
20paid to the Illinois Telecommunications Access Corporation
21Fund shall not include any amount equal to the amount of
22refunds made during the second preceding calendar month by the
23Department to retailers under this Section or any amount that
24the Department determines is necessary to offset any amounts
25which were payable to a different taxing body or fund but were
26erroneously paid to the Illinois Telecommunications Access

 

 

HB5540 Engrossed- 753 -LRB099 16003 AMC 40320 b

1Corporation Fund. The Commission shall distribute all the funds
2to the Illinois Telecommunications Access Corporation and the
3funds may only be used in accordance with the provisions of
4this Section. The Department shall deduct 2% of all amounts
5deposited in the Illinois Telecommunications Access
6Corporation Fund during every year of remitted assessments. Of
7the 2% deducted by the Department, one-half shall be
8transferred into the Tax Compliance and Administration Fund to
9reimburse the Department for its direct costs of administering
10the collection and remittance of the assessment. The remaining
11one-half shall be transferred into the Public Utilities Fund to
12reimburse the Commission for its costs of distributing to the
13Illinois Telecommunications Access Corporation the amount
14certified by the Department for distribution. The amount to be
15charged or assessed under subsections (c) and (f) is not
16imposed on a provider or the consumer for wireless Lifeline
17service where the consumer does not pay the provider for the
18service. Where the consumer purchases from the provider
19optional minutes, texts, or other services in addition to the
20federally funded Lifeline benefit, a consumer must pay the
21charge or assessment, and it must be collected by the seller
22according to subsection (f).
23    Interconnected VoIP services shall not be considered an
24intrastate telecommunications service for the purposes of this
25Section in a manner inconsistent with federal law or Federal
26Communications Commission regulation.

 

 

HB5540 Engrossed- 754 -LRB099 16003 AMC 40320 b

1    (g) The provisions of this Section are severable under
2Section 1.31 of the Statute on Statutes.
3    (h) The Commission may adopt rules necessary to implement
4this Section.
5(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; revised
610-21-15.)
 
7    (220 ILCS 5/16-108.5)
8    Sec. 16-108.5. Infrastructure investment and
9modernization; regulatory reform.
10    (a) (Blank).
11    (b) For purposes of this Section, "participating utility"
12means an electric utility or a combination utility serving more
13than 1,000,000 customers in Illinois that voluntarily elects
14and commits to undertake (i) the infrastructure investment
15program consisting of the commitments and obligations
16described in this subsection (b) and (ii) the customer
17assistance program consisting of the commitments and
18obligations described in subsection (b-10) of this Section,
19notwithstanding any other provisions of this Act and without
20obtaining any approvals from the Commission or any other agency
21other than as set forth in this Section, regardless of whether
22any such approval would otherwise be required. "Combination
23utility" means a utility that, as of January 1, 2011, provided
24electric service to at least one million retail customers in
25Illinois and gas service to at least 500,000 retail customers

 

 

HB5540 Engrossed- 755 -LRB099 16003 AMC 40320 b

1in Illinois. A participating utility shall recover the
2expenditures made under the infrastructure investment program
3through the ratemaking process, including, but not limited to,
4the performance-based formula rate and process set forth in
5this Section.
6    During the infrastructure investment program's peak
7program year, a participating utility other than a combination
8utility shall create 2,000 full-time equivalent jobs in
9Illinois, and a participating utility that is a combination
10utility shall create 450 full-time equivalent jobs in Illinois
11related to the provision of electric service. These jobs shall
12include direct jobs, contractor positions, and induced jobs,
13but shall not include any portion of a job commitment, not
14specifically contingent on an amendatory Act of the 97th
15General Assembly becoming law, between a participating utility
16and a labor union that existed on December 30, 2011 (the
17effective date of Public Act 97-646) this amendatory Act of the
1897th General Assembly and that has not yet been fulfilled. A
19portion of the full-time equivalent jobs created by each
20participating utility shall include incremental personnel
21hired subsequent to December 30, 2011 (the effective date of
22Public Act 97-646) this amendatory Act of the 97th General
23Assembly. For purposes of this Section, "peak program year"
24means the consecutive 12-month period with the highest number
25of full-time equivalent jobs that occurs between the beginning
26of investment year 2 and the end of investment year 4.

 

 

HB5540 Engrossed- 756 -LRB099 16003 AMC 40320 b

1    A participating utility shall meet one of the following
2commitments, as applicable:
3        (1) Beginning no later than 180 days after a
4    participating utility other than a combination utility
5    files a performance-based formula rate tariff pursuant to
6    subsection (c) of this Section, or, beginning no later than
7    January 1, 2012 if such utility files such
8    performance-based formula rate tariff within 14 days of
9    October 26, 2011 (the effective date of Public Act 97-616)
10    this amendatory Act of the 97th General Assembly, the
11    participating utility shall, except as provided in
12    subsection (b-5):
13            (A) over a 5-year period, invest an estimated
14        $1,300,000,000 in electric system upgrades,
15        modernization projects, and training facilities,
16        including, but not limited to:
17                (i) distribution infrastructure improvements
18            totaling an estimated $1,000,000,000, including
19            underground residential distribution cable
20            injection and replacement and mainline cable
21            system refurbishment and replacement projects;
22                (ii) training facility construction or upgrade
23            projects totaling an estimated $10,000,000,
24            provided that, at a minimum, one such facility
25            shall be located in a municipality having a
26            population of more than 2 million residents and one

 

 

HB5540 Engrossed- 757 -LRB099 16003 AMC 40320 b

1            such facility shall be located in a municipality
2            having a population of more than 150,000 residents
3            but fewer than 170,000 residents; any such new
4            facility located in a municipality having a
5            population of more than 2 million residents must be
6            designed for the purpose of obtaining, and the
7            owner of the facility shall apply for,
8            certification under the United States Green
9            Building Council's Leadership in Energy Efficiency
10            Design Green Building Rating System;
11                (iii) wood pole inspection, treatment, and
12            replacement programs;
13                (iv) an estimated $200,000,000 for reducing
14            the susceptibility of certain circuits to
15            storm-related damage, including, but not limited
16            to, high winds, thunderstorms, and ice storms;
17            improvements may include, but are not limited to,
18            overhead to underground conversion and other
19            engineered outcomes for circuits; the
20            participating utility shall prioritize the
21            selection of circuits based on each circuit's
22            historical susceptibility to storm-related damage
23            and the ability to provide the greatest customer
24            benefit upon completion of the improvements; to be
25            eligible for improvement, the participating
26            utility's ability to maintain proper tree

 

 

HB5540 Engrossed- 758 -LRB099 16003 AMC 40320 b

1            clearances surrounding the overhead circuit must
2            not have been impeded by third parties; and
3            (B) over a 10-year period, invest an estimated
4        $1,300,000,000 to upgrade and modernize its
5        transmission and distribution infrastructure and in
6        Smart Grid electric system upgrades, including, but
7        not limited to:
8                (i) additional smart meters;
9                (ii) distribution automation;
10                (iii) associated cyber secure data
11            communication network; and
12                (iv) substation micro-processor relay
13            upgrades.
14        (2) Beginning no later than 180 days after a
15    participating utility that is a combination utility files a
16    performance-based formula rate tariff pursuant to
17    subsection (c) of this Section, or, beginning no later than
18    January 1, 2012 if such utility files such
19    performance-based formula rate tariff within 14 days of
20    October 26, 2011 (the effective date of Public Act 97-616)
21    this amendatory Act of the 97th General Assembly, the
22    participating utility shall, except as provided in
23    subsection (b-5):
24            (A) over a 10-year period, invest an estimated
25        $265,000,000 in electric system upgrades,
26        modernization projects, and training facilities,

 

 

HB5540 Engrossed- 759 -LRB099 16003 AMC 40320 b

1        including, but not limited to:
2                (i) distribution infrastructure improvements
3            totaling an estimated $245,000,000, which may
4            include bulk supply substations, transformers,
5            reconductoring, and rebuilding overhead
6            distribution and sub-transmission lines,
7            underground residential distribution cable
8            injection and replacement and mainline cable
9            system refurbishment and replacement projects;
10                (ii) training facility construction or upgrade
11            projects totaling an estimated $1,000,000; any
12            such new facility must be designed for the purpose
13            of obtaining, and the owner of the facility shall
14            apply for, certification under the United States
15            Green Building Council's Leadership in Energy
16            Efficiency Design Green Building Rating System;
17            and
18                (iii) wood pole inspection, treatment, and
19            replacement programs; and
20            (B) over a 10-year period, invest an estimated
21        $360,000,000 to upgrade and modernize its transmission
22        and distribution infrastructure and in Smart Grid
23        electric system upgrades, including, but not limited
24        to:
25                (i) additional smart meters;
26                (ii) distribution automation;

 

 

HB5540 Engrossed- 760 -LRB099 16003 AMC 40320 b

1                (iii) associated cyber secure data
2            communication network; and
3                (iv) substation micro-processor relay
4            upgrades.
5    For purposes of this Section, "Smart Grid electric system
6upgrades" shall have the meaning set forth in subsection (a) of
7Section 16-108.6 of this Act.
8    The investments in the infrastructure investment program
9described in this subsection (b) shall be incremental to the
10participating utility's annual capital investment program, as
11defined by, for purposes of this subsection (b), the
12participating utility's average capital spend for calendar
13years 2008, 2009, and 2010 as reported in the applicable
14Federal Energy Regulatory Commission (FERC) Form 1; provided
15that where one or more utilities have merged, the average
16capital spend shall be determined using the aggregate of the
17merged utilities' capital spend reported in FERC Form 1 for the
18years 2008, 2009, and 2010. A participating utility may add
19reasonable construction ramp-up and ramp-down time to the
20investment periods specified in this subsection (b). For each
21such investment period, the ramp-up and ramp-down time shall
22not exceed a total of 6 months.
23    Within 60 days after filing a tariff under subsection (c)
24of this Section, a participating utility shall submit to the
25Commission its plan, including scope, schedule, and staffing,
26for satisfying its infrastructure investment program

 

 

HB5540 Engrossed- 761 -LRB099 16003 AMC 40320 b

1commitments pursuant to this subsection (b). The submitted plan
2shall include a schedule and staffing plan for the next
3calendar year. The plan shall also include a plan for the
4creation, operation, and administration of a Smart Grid test
5bed as described in subsection (c) of Section 16-108.8. The
6plan need not allocate the work equally over the respective
7periods, but should allocate material increments throughout
8such periods commensurate with the work to be undertaken. No
9later than April 1 of each subsequent year, the utility shall
10submit to the Commission a report that includes any updates to
11the plan, a schedule for the next calendar year, the
12expenditures made for the prior calendar year and cumulatively,
13and the number of full-time equivalent jobs created for the
14prior calendar year and cumulatively. If the utility is
15materially deficient in satisfying a schedule or staffing plan,
16then the report must also include a corrective action plan to
17address the deficiency. The fact that the plan, implementation
18of the plan, or a schedule changes shall not imply the
19imprudence or unreasonableness of the infrastructure
20investment program, plan, or schedule. Further, no later than
2145 days following the last day of the first, second, and third
22quarters of each year of the plan, a participating utility
23shall submit to the Commission a verified quarterly report for
24the prior quarter that includes (i) the total number of
25full-time equivalent jobs created during the prior quarter,
26(ii) the total number of employees as of the last day of the

 

 

HB5540 Engrossed- 762 -LRB099 16003 AMC 40320 b

1prior quarter, (iii) the total number of full-time equivalent
2hours in each job classification or job title, (iv) the total
3number of incremental employees and contractors in support of
4the investments undertaken pursuant to this subsection (b) for
5the prior quarter, and (v) any other information that the
6Commission may require by rule.
7    With respect to the participating utility's peak job
8commitment, if, after considering the utility's corrective
9action plan and compliance thereunder, the Commission enters an
10order finding, after notice and hearing, that a participating
11utility did not satisfy its peak job commitment described in
12this subsection (b) for reasons that are reasonably within its
13control, then the Commission shall also determine, after
14consideration of the evidence, including, but not limited to,
15evidence submitted by the Department of Commerce and Economic
16Opportunity and the utility, the deficiency in the number of
17full-time equivalent jobs during the peak program year due to
18such failure. The Commission shall notify the Department of any
19proceeding that is initiated pursuant to this paragraph. For
20each full-time equivalent job deficiency during the peak
21program year that the Commission finds as set forth in this
22paragraph, the participating utility shall, within 30 days
23after the entry of the Commission's order, pay $6,000 to a fund
24for training grants administered under Section 605-800 of the
25The Department of Commerce and Economic Opportunity Law, which
26shall not be a recoverable expense.

 

 

HB5540 Engrossed- 763 -LRB099 16003 AMC 40320 b

1    With respect to the participating utility's investment
2amount commitments, if, after considering the utility's
3corrective action plan and compliance thereunder, the
4Commission enters an order finding, after notice and hearing,
5that a participating utility is not satisfying its investment
6amount commitments described in this subsection (b), then the
7utility shall no longer be eligible to annually update the
8performance-based formula rate tariff pursuant to subsection
9(d) of this Section. In such event, the then current rates
10shall remain in effect until such time as new rates are set
11pursuant to Article IX of this Act, subject to retroactive
12adjustment, with interest, to reconcile rates charged with
13actual costs.
14    If the Commission finds that a participating utility is no
15longer eligible to update the performance-based formula rate
16tariff pursuant to subsection (d) of this Section, or the
17performance-based formula rate is otherwise terminated, then
18the participating utility's voluntary commitments and
19obligations under this subsection (b) shall immediately
20terminate, except for the utility's obligation to pay an amount
21already owed to the fund for training grants pursuant to a
22Commission order.
23    In meeting the obligations of this subsection (b), to the
24extent feasible and consistent with State and federal law, the
25investments under the infrastructure investment program should
26provide employment opportunities for all segments of the

 

 

HB5540 Engrossed- 764 -LRB099 16003 AMC 40320 b

1population and workforce, including minority-owned and
2female-owned business enterprises, and shall not, consistent
3with State and federal law, discriminate based on race or
4socioeconomic status.
5    (b-5) Nothing in this Section shall prohibit the Commission
6from investigating the prudence and reasonableness of the
7expenditures made under the infrastructure investment program
8during the annual review required by subsection (d) of this
9Section and shall, as part of such investigation, determine
10whether the utility's actual costs under the program are
11prudent and reasonable. The fact that a participating utility
12invests more than the minimum amounts specified in subsection
13(b) of this Section or its plan shall not imply imprudence or
14unreasonableness.
15    If the participating utility finds that it is implementing
16its plan for satisfying the infrastructure investment program
17commitments described in subsection (b) of this Section at a
18cost below the estimated amounts specified in subsection (b) of
19this Section, then the utility may file a petition with the
20Commission requesting that it be permitted to satisfy its
21commitments by spending less than the estimated amounts
22specified in subsection (b) of this Section. The Commission
23shall, after notice and hearing, enter its order approving, or
24approving as modified, or denying each such petition within 150
25days after the filing of the petition.
26    In no event, absent General Assembly approval, shall the

 

 

HB5540 Engrossed- 765 -LRB099 16003 AMC 40320 b

1capital investment costs incurred by a participating utility
2other than a combination utility in satisfying its
3infrastructure investment program commitments described in
4subsection (b) of this Section exceed $3,000,000,000 or, for a
5participating utility that is a combination utility,
6$720,000,000. If the participating utility's updated cost
7estimates for satisfying its infrastructure investment program
8commitments described in subsection (b) of this Section exceed
9the limitation imposed by this subsection (b-5), then it shall
10submit a report to the Commission that identifies the increased
11costs and explains the reason or reasons for the increased
12costs no later than the year in which the utility estimates it
13will exceed the limitation. The Commission shall review the
14report and shall, within 90 days after the participating
15utility files the report, report to the General Assembly its
16findings regarding the participating utility's report. If the
17General Assembly does not amend the limitation imposed by this
18subsection (b-5), then the utility may modify its plan so as
19not to exceed the limitation imposed by this subsection (b-5)
20and may propose corresponding changes to the metrics
21established pursuant to subparagraphs (5) through (8) of
22subsection (f) of this Section, and the Commission may modify
23the metrics and incremental savings goals established pursuant
24to subsection (f) of this Section accordingly.
25    (b-10) All participating utilities shall make
26contributions for an energy low-income and support program in

 

 

HB5540 Engrossed- 766 -LRB099 16003 AMC 40320 b

1accordance with this subsection. Beginning no later than 180
2days after a participating utility files a performance-based
3formula rate tariff pursuant to subsection (c) of this Section,
4or beginning no later than January 1, 2012 if such utility
5files such performance-based formula rate tariff within 14 days
6of December 30, 2011 (the effective date of Public Act 97-646)
7this amendatory Act of the 97th General Assembly, and without
8obtaining any approvals from the Commission or any other agency
9other than as set forth in this Section, regardless of whether
10any such approval would otherwise be required, a participating
11utility other than a combination utility shall pay $10,000,000
12per year for 5 years and a participating utility that is a
13combination utility shall pay $1,000,000 per year for 10 years
14to the energy low-income and support program, which is intended
15to fund customer assistance programs with the primary purpose
16being avoidance of imminent disconnection. Such programs may
17include:
18        (1) a residential hardship program that may partner
19    with community-based organizations, including senior
20    citizen organizations, and provides grants to low-income
21    residential customers, including low-income senior
22    citizens, who demonstrate a hardship;
23        (2) a program that provides grants and other bill
24    payment concessions to veterans with disabilities who
25    demonstrate a hardship and members of the armed services or
26    reserve forces of the United States or members of the

 

 

HB5540 Engrossed- 767 -LRB099 16003 AMC 40320 b

1    Illinois National Guard who are on active duty pursuant to
2    an executive order of the President of the United States,
3    an act of the Congress of the United States, or an order of
4    the Governor and who demonstrate a hardship;
5        (3) a budget assistance program that provides tools and
6    education to low-income senior citizens to assist them with
7    obtaining information regarding energy usage and effective
8    means of managing energy costs;
9        (4) a non-residential special hardship program that
10    provides grants to non-residential customers such as small
11    businesses and non-profit organizations that demonstrate a
12    hardship, including those providing services to senior
13    citizen and low-income customers; and
14        (5) a performance-based assistance program that
15    provides grants to encourage residential customers to make
16    on-time payments by matching a portion of the customer's
17    payments or providing credits towards arrearages.
18    The payments made by a participating utility pursuant to
19this subsection (b-10) shall not be a recoverable expense. A
20participating utility may elect to fund either new or existing
21customer assistance programs, including, but not limited to,
22those that are administered by the utility.
23    Programs that use funds that are provided by a
24participating utility to reduce utility bills may be
25implemented through tariffs that are filed with and reviewed by
26the Commission. If a utility elects to file tariffs with the

 

 

HB5540 Engrossed- 768 -LRB099 16003 AMC 40320 b

1Commission to implement all or a portion of the programs, those
2tariffs shall, regardless of the date actually filed, be deemed
3accepted and approved, and shall become effective on December
430, 2011 (the effective date of Public Act 97-646) this
5amendatory Act of the 97th General Assembly. The participating
6utilities whose customers benefit from the funds that are
7disbursed as contemplated in this Section shall file annual
8reports documenting the disbursement of those funds with the
9Commission. The Commission has the authority to audit
10disbursement of the funds to ensure they were disbursed
11consistently with this Section.
12    If the Commission finds that a participating utility is no
13longer eligible to update the performance-based formula rate
14tariff pursuant to subsection (d) of this Section, or the
15performance-based formula rate is otherwise terminated, then
16the participating utility's voluntary commitments and
17obligations under this subsection (b-10) shall immediately
18terminate.
19    (c) A participating utility may elect to recover its
20delivery services costs through a performance-based formula
21rate approved by the Commission, which shall specify the cost
22components that form the basis of the rate charged to customers
23with sufficient specificity to operate in a standardized manner
24and be updated annually with transparent information that
25reflects the utility's actual costs to be recovered during the
26applicable rate year, which is the period beginning with the

 

 

HB5540 Engrossed- 769 -LRB099 16003 AMC 40320 b

1first billing day of January and extending through the last
2billing day of the following December. In the event the utility
3recovers a portion of its costs through automatic adjustment
4clause tariffs on October 26, 2011 (the effective date of
5Public Act 97-616) this amendatory Act of the 97th General
6Assembly, the utility may elect to continue to recover these
7costs through such tariffs, but then these costs shall not be
8recovered through the performance-based formula rate. In the
9event the participating utility, prior to December 30, 2011
10(the effective date of Public Act 97-646) this amendatory Act
11of the 97th General Assembly, filed electric delivery services
12tariffs with the Commission pursuant to Section 9-201 of this
13Act that are related to the recovery of its electric delivery
14services costs that are still pending on December 30, 2011 (the
15effective date of Public Act 97-646) this amendatory Act of the
1697th General Assembly, the participating utility shall, at the
17time it files its performance-based formula rate tariff with
18the Commission, also file a notice of withdrawal with the
19Commission to withdraw the electric delivery services tariffs
20previously filed pursuant to Section 9-201 of this Act. Upon
21receipt of such notice, the Commission shall dismiss with
22prejudice any docket that had been initiated to investigate the
23electric delivery services tariffs filed pursuant to Section
249-201 of this Act, and such tariffs and the record related
25thereto shall not be the subject of any further hearing,
26investigation, or proceeding of any kind related to rates for

 

 

HB5540 Engrossed- 770 -LRB099 16003 AMC 40320 b

1electric delivery services.
2    The performance-based formula rate shall be implemented
3through a tariff filed with the Commission consistent with the
4provisions of this subsection (c) that shall be applicable to
5all delivery services customers. The Commission shall initiate
6and conduct an investigation of the tariff in a manner
7consistent with the provisions of this subsection (c) and the
8provisions of Article IX of this Act to the extent they do not
9conflict with this subsection (c). Except in the case where the
10Commission finds, after notice and hearing, that a
11participating utility is not satisfying its investment amount
12commitments under subsection (b) of this Section, the
13performance-based formula rate shall remain in effect at the
14discretion of the utility. The performance-based formula rate
15approved by the Commission shall do the following:
16        (1) Provide for the recovery of the utility's actual
17    costs of delivery services that are prudently incurred and
18    reasonable in amount consistent with Commission practice
19    and law. The sole fact that a cost differs from that
20    incurred in a prior calendar year or that an investment is
21    different from that made in a prior calendar year shall not
22    imply the imprudence or unreasonableness of that cost or
23    investment.
24        (2) Reflect the utility's actual year-end capital
25    structure for the applicable calendar year, excluding
26    goodwill, subject to a determination of prudence and

 

 

HB5540 Engrossed- 771 -LRB099 16003 AMC 40320 b

1    reasonableness consistent with Commission practice and
2    law.
3        (3) Include a cost of equity, which shall be calculated
4    as the sum of the following:
5            (A) the average for the applicable calendar year of
6        the monthly average yields of 30-year U.S. Treasury
7        bonds published by the Board of Governors of the
8        Federal Reserve System in its weekly H.15 Statistical
9        Release or successor publication; and
10            (B) 580 basis points.
11        At such time as the Board of Governors of the Federal
12    Reserve System ceases to include the monthly average yields
13    of 30-year U.S. Treasury bonds in its weekly H.15
14    Statistical Release or successor publication, the monthly
15    average yields of the U.S. Treasury bonds then having the
16    longest duration published by the Board of Governors in its
17    weekly H.15 Statistical Release or successor publication
18    shall instead be used for purposes of this paragraph (3).
19        (4) Permit and set forth protocols, subject to a
20    determination of prudence and reasonableness consistent
21    with Commission practice and law, for the following:
22            (A) recovery of incentive compensation expense
23        that is based on the achievement of operational
24        metrics, including metrics related to budget controls,
25        outage duration and frequency, safety, customer
26        service, efficiency and productivity, and

 

 

HB5540 Engrossed- 772 -LRB099 16003 AMC 40320 b

1        environmental compliance. Incentive compensation
2        expense that is based on net income or an affiliate's
3        earnings per share shall not be recoverable under the
4        performance-based formula rate;
5            (B) recovery of pension and other post-employment
6        benefits expense, provided that such costs are
7        supported by an actuarial study;
8            (C) recovery of severance costs, provided that if
9        the amount is over $3,700,000 for a participating
10        utility that is a combination utility or $10,000,000
11        for a participating utility that serves more than 3
12        million retail customers, then the full amount shall be
13        amortized consistent with subparagraph (F) of this
14        paragraph (4);
15            (D) investment return at a rate equal to the
16        utility's weighted average cost of long-term debt, on
17        the pension assets as, and in the amount, reported in
18        Account 186 (or in such other Account or Accounts as
19        such asset may subsequently be recorded) of the
20        utility's most recently filed FERC Form 1, net of
21        deferred tax benefits;
22            (E) recovery of the expenses related to the
23        Commission proceeding under this subsection (c) to
24        approve this performance-based formula rate and
25        initial rates or to subsequent proceedings related to
26        the formula, provided that the recovery shall be

 

 

HB5540 Engrossed- 773 -LRB099 16003 AMC 40320 b

1        amortized over a 3-year period; recovery of expenses
2        related to the annual Commission proceedings under
3        subsection (d) of this Section to review the inputs to
4        the performance-based formula rate shall be expensed
5        and recovered through the performance-based formula
6        rate;
7            (F) amortization over a 5-year period of the full
8        amount of each charge or credit that exceeds $3,700,000
9        for a participating utility that is a combination
10        utility or $10,000,000 for a participating utility
11        that serves more than 3 million retail customers in the
12        applicable calendar year and that relates to a
13        workforce reduction program's severance costs, changes
14        in accounting rules, changes in law, compliance with
15        any Commission-initiated audit, or a single storm or
16        other similar expense, provided that any unamortized
17        balance shall be reflected in rate base. For purposes
18        of this subparagraph (F), changes in law includes any
19        enactment, repeal, or amendment in a law, ordinance,
20        rule, regulation, interpretation, permit, license,
21        consent, or order, including those relating to taxes,
22        accounting, or to environmental matters, or in the
23        interpretation or application thereof by any
24        governmental authority occurring after October 26,
25        2011 (the effective date of Public Act 97-616) this
26        amendatory Act of the 97th General Assembly;

 

 

HB5540 Engrossed- 774 -LRB099 16003 AMC 40320 b

1            (G) recovery of existing regulatory assets over
2        the periods previously authorized by the Commission;
3            (H) historical weather normalized billing
4        determinants; and
5            (I) allocation methods for common costs.
6        (5) Provide that if the participating utility's earned
7    rate of return on common equity related to the provision of
8    delivery services for the prior rate year (calculated using
9    costs and capital structure approved by the Commission as
10    provided in subparagraph (2) of this subsection (c),
11    consistent with this Section, in accordance with
12    Commission rules and orders, including, but not limited to,
13    adjustments for goodwill, and after any Commission-ordered
14    disallowances and taxes) is more than 50 basis points
15    higher than the rate of return on common equity calculated
16    pursuant to paragraph (3) of this subsection (c) (after
17    adjusting for any penalties to the rate of return on common
18    equity applied pursuant to the performance metrics
19    provision of subsection (f) of this Section), then the
20    participating utility shall apply a credit through the
21    performance-based formula rate that reflects an amount
22    equal to the value of that portion of the earned rate of
23    return on common equity that is more than 50 basis points
24    higher than the rate of return on common equity calculated
25    pursuant to paragraph (3) of this subsection (c) (after
26    adjusting for any penalties to the rate of return on common

 

 

HB5540 Engrossed- 775 -LRB099 16003 AMC 40320 b

1    equity applied pursuant to the performance metrics
2    provision of subsection (f) of this Section) for the prior
3    rate year, adjusted for taxes. If the participating
4    utility's earned rate of return on common equity related to
5    the provision of delivery services for the prior rate year
6    (calculated using costs and capital structure approved by
7    the Commission as provided in subparagraph (2) of this
8    subsection (c), consistent with this Section, in
9    accordance with Commission rules and orders, including,
10    but not limited to, adjustments for goodwill, and after any
11    Commission-ordered disallowances and taxes) is more than
12    50 basis points less than the return on common equity
13    calculated pursuant to paragraph (3) of this subsection (c)
14    (after adjusting for any penalties to the rate of return on
15    common equity applied pursuant to the performance metrics
16    provision of subsection (f) of this Section), then the
17    participating utility shall apply a charge through the
18    performance-based formula rate that reflects an amount
19    equal to the value of that portion of the earned rate of
20    return on common equity that is more than 50 basis points
21    less than the rate of return on common equity calculated
22    pursuant to paragraph (3) of this subsection (c) (after
23    adjusting for any penalties to the rate of return on common
24    equity applied pursuant to the performance metrics
25    provision of subsection (f) of this Section) for the prior
26    rate year, adjusted for taxes.

 

 

HB5540 Engrossed- 776 -LRB099 16003 AMC 40320 b

1        (6) Provide for an annual reconciliation, as described
2    in subsection (d) of this Section, with interest, of the
3    revenue requirement reflected in rates for each calendar
4    year, beginning with the calendar year in which the utility
5    files its performance-based formula rate tariff pursuant
6    to subsection (c) of this Section, with what the revenue
7    requirement would have been had the actual cost information
8    for the applicable calendar year been available at the
9    filing date.
10    The utility shall file, together with its tariff, final
11data based on its most recently filed FERC Form 1, plus
12projected plant additions and correspondingly updated
13depreciation reserve and expense for the calendar year in which
14the tariff and data are filed, that shall populate the
15performance-based formula rate and set the initial delivery
16services rates under the formula. For purposes of this Section,
17"FERC Form 1" means the Annual Report of Major Electric
18Utilities, Licensees and Others that electric utilities are
19required to file with the Federal Energy Regulatory Commission
20under the Federal Power Act, Sections 3, 4(a), 304 and 209,
21modified as necessary to be consistent with 83 Ill. Admin. Code
22Part 415 as of May 1, 2011. Nothing in this Section is intended
23to allow costs that are not otherwise recoverable to be
24recoverable by virtue of inclusion in FERC Form 1.
25    After the utility files its proposed performance-based
26formula rate structure and protocols and initial rates, the

 

 

HB5540 Engrossed- 777 -LRB099 16003 AMC 40320 b

1Commission shall initiate a docket to review the filing. The
2Commission shall enter an order approving, or approving as
3modified, the performance-based formula rate, including the
4initial rates, as just and reasonable within 270 days after the
5date on which the tariff was filed, or, if the tariff is filed
6within 14 days after October 26, 2011 (the effective date of
7Public Act 97-616) this amendatory Act of the 97th General
8Assembly, then by May 31, 2012. Such review shall be based on
9the same evidentiary standards, including, but not limited to,
10those concerning the prudence and reasonableness of the costs
11incurred by the utility, the Commission applies in a hearing to
12review a filing for a general increase in rates under Article
13IX of this Act. The initial rates shall take effect within 30
14days after the Commission's order approving the
15performance-based formula rate tariff.
16    Until such time as the Commission approves a different rate
17design and cost allocation pursuant to subsection (e) of this
18Section, rate design and cost allocation across customer
19classes shall be consistent with the Commission's most recent
20order regarding the participating utility's request for a
21general increase in its delivery services rates.
22    Subsequent changes to the performance-based formula rate
23structure or protocols shall be made as set forth in Section
249-201 of this Act, but nothing in this subsection (c) is
25intended to limit the Commission's authority under Article IX
26and other provisions of this Act to initiate an investigation

 

 

HB5540 Engrossed- 778 -LRB099 16003 AMC 40320 b

1of a participating utility's performance-based formula rate
2tariff, provided that any such changes shall be consistent with
3paragraphs (1) through (6) of this subsection (c). Any change
4ordered by the Commission shall be made at the same time new
5rates take effect following the Commission's next order
6pursuant to subsection (d) of this Section, provided that the
7new rates take effect no less than 30 days after the date on
8which the Commission issues an order adopting the change.
9    A participating utility that files a tariff pursuant to
10this subsection (c) must submit a one-time $200,000 filing fee
11at the time the Chief Clerk of the Commission accepts the
12filing, which shall be a recoverable expense.
13    In the event the performance-based formula rate is
14terminated, the then current rates shall remain in effect until
15such time as new rates are set pursuant to Article IX of this
16Act, subject to retroactive rate adjustment, with interest, to
17reconcile rates charged with actual costs. At such time that
18the performance-based formula rate is terminated, the
19participating utility's voluntary commitments and obligations
20under subsection (b) of this Section shall immediately
21terminate, except for the utility's obligation to pay an amount
22already owed to the fund for training grants pursuant to a
23Commission order issued under subsection (b) of this Section.
24    (d) Subsequent to the Commission's issuance of an order
25approving the utility's performance-based formula rate
26structure and protocols, and initial rates under subsection (c)

 

 

HB5540 Engrossed- 779 -LRB099 16003 AMC 40320 b

1of this Section, the utility shall file, on or before May 1 of
2each year, with the Chief Clerk of the Commission its updated
3cost inputs to the performance-based formula rate for the
4applicable rate year and the corresponding new charges. Each
5such filing shall conform to the following requirements and
6include the following information:
7        (1) The inputs to the performance-based formula rate
8    for the applicable rate year shall be based on final
9    historical data reflected in the utility's most recently
10    filed annual FERC Form 1 plus projected plant additions and
11    correspondingly updated depreciation reserve and expense
12    for the calendar year in which the inputs are filed. The
13    filing shall also include a reconciliation of the revenue
14    requirement that was in effect for the prior rate year (as
15    set by the cost inputs for the prior rate year) with the
16    actual revenue requirement for the prior rate year
17    (determined using a year-end rate base) that uses amounts
18    reflected in the applicable FERC Form 1 that reports the
19    actual costs for the prior rate year. Any over-collection
20    or under-collection indicated by such reconciliation shall
21    be reflected as a credit against, or recovered as an
22    additional charge to, respectively, with interest
23    calculated at a rate equal to the utility's weighted
24    average cost of capital approved by the Commission for the
25    prior rate year, the charges for the applicable rate year.
26    Provided, however, that the first such reconciliation

 

 

HB5540 Engrossed- 780 -LRB099 16003 AMC 40320 b

1    shall be for the calendar year in which the utility files
2    its performance-based formula rate tariff pursuant to
3    subsection (c) of this Section and shall reconcile (i) the
4    revenue requirement or requirements established by the
5    rate order or orders in effect from time to time during
6    such calendar year (weighted, as applicable) with (ii) the
7    revenue requirement determined using a year-end rate base
8    for that calendar year calculated pursuant to the
9    performance-based formula rate using (A) actual costs for
10    that year as reflected in the applicable FERC Form 1, and
11    (B) for the first such reconciliation only, the cost of
12    equity, which shall be calculated as the sum of 590 basis
13    points plus the average for the applicable calendar year of
14    the monthly average yields of 30-year U.S. Treasury bonds
15    published by the Board of Governors of the Federal Reserve
16    System in its weekly H.15 Statistical Release or successor
17    publication. The first such reconciliation is not intended
18    to provide for the recovery of costs previously excluded
19    from rates based on a prior Commission order finding of
20    imprudence or unreasonableness. Each reconciliation shall
21    be certified by the participating utility in the same
22    manner that FERC Form 1 is certified. The filing shall also
23    include the charge or credit, if any, resulting from the
24    calculation required by paragraph (6) of subsection (c) of
25    this Section.
26        Notwithstanding anything that may be to the contrary,

 

 

HB5540 Engrossed- 781 -LRB099 16003 AMC 40320 b

1    the intent of the reconciliation is to ultimately reconcile
2    the revenue requirement reflected in rates for each
3    calendar year, beginning with the calendar year in which
4    the utility files its performance-based formula rate
5    tariff pursuant to subsection (c) of this Section, with
6    what the revenue requirement determined using a year-end
7    rate base for the applicable calendar year would have been
8    had the actual cost information for the applicable calendar
9    year been available at the filing date.
10        (2) The new charges shall take effect beginning on the
11    first billing day of the following January billing period
12    and remain in effect through the last billing day of the
13    next December billing period regardless of whether the
14    Commission enters upon a hearing pursuant to this
15    subsection (d).
16        (3) The filing shall include relevant and necessary
17    data and documentation for the applicable rate year that is
18    consistent with the Commission's rules applicable to a
19    filing for a general increase in rates or any rules adopted
20    by the Commission to implement this Section. Normalization
21    adjustments shall not be required. Notwithstanding any
22    other provision of this Section or Act or any rule or other
23    requirement adopted by the Commission, a participating
24    utility that is a combination utility with more than one
25    rate zone shall not be required to file a separate set of
26    such data and documentation for each rate zone and may

 

 

HB5540 Engrossed- 782 -LRB099 16003 AMC 40320 b

1    combine such data and documentation into a single set of
2    schedules.
3    Within 45 days after the utility files its annual update of
4cost inputs to the performance-based formula rate, the
5Commission shall have the authority, either upon complaint or
6its own initiative, but with reasonable notice, to enter upon a
7hearing concerning the prudence and reasonableness of the costs
8incurred by the utility to be recovered during the applicable
9rate year that are reflected in the inputs to the
10performance-based formula rate derived from the utility's FERC
11Form 1. During the course of the hearing, each objection shall
12be stated with particularity and evidence provided in support
13thereof, after which the utility shall have the opportunity to
14rebut the evidence. Discovery shall be allowed consistent with
15the Commission's Rules of Practice, which Rules shall be
16enforced by the Commission or the assigned hearing examiner.
17The Commission shall apply the same evidentiary standards,
18including, but not limited to, those concerning the prudence
19and reasonableness of the costs incurred by the utility, in the
20hearing as it would apply in a hearing to review a filing for a
21general increase in rates under Article IX of this Act. The
22Commission shall not, however, have the authority in a
23proceeding under this subsection (d) to consider or order any
24changes to the structure or protocols of the performance-based
25formula rate approved pursuant to subsection (c) of this
26Section. In a proceeding under this subsection (d), the

 

 

HB5540 Engrossed- 783 -LRB099 16003 AMC 40320 b

1Commission shall enter its order no later than the earlier of
2240 days after the utility's filing of its annual update of
3cost inputs to the performance-based formula rate or December
431. The Commission's determinations of the prudence and
5reasonableness of the costs incurred for the applicable
6calendar year shall be final upon entry of the Commission's
7order and shall not be subject to reopening, reexamination, or
8collateral attack in any other Commission proceeding, case,
9docket, order, rule or regulation, provided, however, that
10nothing in this subsection (d) shall prohibit a party from
11petitioning the Commission to rehear or appeal to the courts
12the order pursuant to the provisions of this Act.
13    In the event the Commission does not, either upon complaint
14or its own initiative, enter upon a hearing within 45 days
15after the utility files the annual update of cost inputs to its
16performance-based formula rate, then the costs incurred for the
17applicable calendar year shall be deemed prudent and
18reasonable, and the filed charges shall not be subject to
19reopening, reexamination, or collateral attack in any other
20proceeding, case, docket, order, rule, or regulation.
21    A participating utility's first filing of the updated cost
22inputs, and any Commission investigation of such inputs
23pursuant to this subsection (d) shall proceed notwithstanding
24the fact that the Commission's investigation under subsection
25(c) of this Section is still pending and notwithstanding any
26other law, order, rule, or Commission practice to the contrary.

 

 

HB5540 Engrossed- 784 -LRB099 16003 AMC 40320 b

1    (e) Nothing in subsections (c) or (d) of this Section shall
2prohibit the Commission from investigating, or a participating
3utility from filing, revenue-neutral tariff changes related to
4rate design of a performance-based formula rate that has been
5placed into effect for the utility. Following approval of a
6participating utility's performance-based formula rate tariff
7pursuant to subsection (c) of this Section, the utility shall
8make a filing with the Commission within one year after the
9effective date of the performance-based formula rate tariff
10that proposes changes to the tariff to incorporate the findings
11of any final rate design orders of the Commission applicable to
12the participating utility and entered subsequent to the
13Commission's approval of the tariff. The Commission shall,
14after notice and hearing, enter its order approving, or
15approving with modification, the proposed changes to the
16performance-based formula rate tariff within 240 days after the
17utility's filing. Following such approval, the utility shall
18make a filing with the Commission during each subsequent 3-year
19period that either proposes revenue-neutral tariff changes or
20re-files the existing tariffs without change, which shall
21present the Commission with an opportunity to suspend the
22tariffs and consider revenue-neutral tariff changes related to
23rate design.
24    (f) Within 30 days after the filing of a tariff pursuant to
25subsection (c) of this Section, each participating utility
26shall develop and file with the Commission multi-year metrics

 

 

HB5540 Engrossed- 785 -LRB099 16003 AMC 40320 b

1designed to achieve, ratably (i.e., in equal segments) over a
210-year period, improvement over baseline performance values
3as follows:
4        (1) Twenty percent improvement in the System Average
5    Interruption Frequency Index, using a baseline of the
6    average of the data from 2001 through 2010.
7        (2) Fifteen percent improvement in the system Customer
8    Average Interruption Duration Index, using a baseline of
9    the average of the data from 2001 through 2010.
10        (3) For a participating utility other than a
11    combination utility, 20% improvement in the System Average
12    Interruption Frequency Index for its Southern Region,
13    using a baseline of the average of the data from 2001
14    through 2010. For purposes of this paragraph (3), Southern
15    Region shall have the meaning set forth in the
16    participating utility's most recent report filed pursuant
17    to Section 16-125 of this Act.
18        (3.5) For a participating utility other than a
19    combination utility, 20% improvement in the System Average
20    Interruption Frequency Index for its Northeastern Region,
21    using a baseline of the average of the data from 2001
22    through 2010. For purposes of this paragraph (3.5),
23    Northeastern Region shall have the meaning set forth in the
24    participating utility's most recent report filed pursuant
25    to Section 16-125 of this Act.
26        (4) Seventy-five percent improvement in the total

 

 

HB5540 Engrossed- 786 -LRB099 16003 AMC 40320 b

1    number of customers who exceed the service reliability
2    targets as set forth in subparagraphs (A) through (C) of
3    paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part
4    411.140 as of May 1, 2011, using 2010 as the baseline year.
5        (5) Reduction in issuance of estimated electric bills:
6    90% improvement for a participating utility other than a
7    combination utility, and 56% improvement for a
8    participating utility that is a combination utility, using
9    a baseline of the average number of estimated bills for the
10    years 2008 through 2010.
11        (6) Consumption on inactive meters: 90% improvement
12    for a participating utility other than a combination
13    utility, and 56% improvement for a participating utility
14    that is a combination utility, using a baseline of the
15    average unbilled kilowatthours for the years 2009 and 2010.
16        (7) Unaccounted for energy: 50% improvement for a
17    participating utility other than a combination utility
18    using a baseline of the non-technical line loss unaccounted
19    for energy kilowatthours for the year 2009.
20        (8) Uncollectible expense: reduce uncollectible
21    expense by at least $30,000,000 for a participating utility
22    other than a combination utility and by at least $3,500,000
23    for a participating utility that is a combination utility,
24    using a baseline of the average uncollectible expense for
25    the years 2008 through 2010.
26        (9) Opportunities for minority-owned and female-owned

 

 

HB5540 Engrossed- 787 -LRB099 16003 AMC 40320 b

1    business enterprises: design a performance metric
2    regarding the creation of opportunities for minority-owned
3    and female-owned business enterprises consistent with
4    State and federal law using a base performance value of the
5    percentage of the participating utility's capital
6    expenditures that were paid to minority-owned and
7    female-owned business enterprises in 2010.
8    The definitions set forth in 83 Ill. Admin. Code Part
9411.20 as of May 1, 2011 shall be used for purposes of
10calculating performance under paragraphs (1) through (3.5) of
11this subsection (f), provided, however, that the participating
12utility may exclude up to 9 extreme weather event days from
13such calculation for each year, and provided further that the
14participating utility shall exclude 9 extreme weather event
15days when calculating each year of the baseline period to the
16extent that there are 9 such days in a given year of the
17baseline period. For purposes of this Section, an extreme
18weather event day is a 24-hour calendar day (beginning at 12:00
19a.m. and ending at 11:59 p.m.) during which any weather event
20(e.g., storm, tornado) caused interruptions for 10,000 or more
21of the participating utility's customers for 3 hours or more.
22If there are more than 9 extreme weather event days in a year,
23then the utility may choose no more than 9 extreme weather
24event days to exclude, provided that the same extreme weather
25event days are excluded from each of the calculations performed
26under paragraphs (1) through (3.5) of this subsection (f).

 

 

HB5540 Engrossed- 788 -LRB099 16003 AMC 40320 b

1    The metrics shall include incremental performance goals
2for each year of the 10-year period, which shall be designed to
3demonstrate that the utility is on track to achieve the
4performance goal in each category at the end of the 10-year
5period. The utility shall elect when the 10-year period shall
6commence for the metrics set forth in subparagraphs (1) through
7(4) and (9) of this subsection (f), provided that it begins no
8later than 14 months following the date on which the utility
9begins investing pursuant to subsection (b) of this Section,
10and when the 10-year period shall commence for the metrics set
11forth in subparagraphs (5) through (8) of this subsection (f),
12provided that it begins no later than 14 months following the
13date on which the Commission enters its order approving the
14utility's Advanced Metering Infrastructure Deployment Plan
15pursuant to subsection (c) of Section 16-108.6 of this Act.
16    The metrics and performance goals set forth in
17subparagraphs (5) through (8) of this subsection (f) are based
18on the assumptions that the participating utility may fully
19implement the technology described in subsection (b) of this
20Section, including utilizing the full functionality of such
21technology and that there is no requirement for personal
22on-site notification. If the utility is unable to meet the
23metrics and performance goals set forth in subparagraphs (5)
24through (8) of this subsection (f) for such reasons, and the
25Commission so finds after notice and hearing, then the utility
26shall be excused from compliance, but only to the limited

 

 

HB5540 Engrossed- 789 -LRB099 16003 AMC 40320 b

1extent achievement of the affected metrics and performance
2goals was hindered by the less than full implementation.
3    (f-5) The financial penalties applicable to the metrics
4described in subparagraphs (1) through (8) of subsection (f) of
5this Section, as applicable, shall be applied through an
6adjustment to the participating utility's return on equity of
7no more than a total of 30 basis points in each of the first 3
8years, of no more than a total of 34 basis points in each of the
93 years thereafter, and of no more than a total of 38 basis
10points in each of the 4 years thereafter, as follows:
11        (1) With respect to each of the incremental annual
12    performance goals established pursuant to paragraph (1) of
13    subsection (f) of this Section,
14            (A) for each year that a participating utility
15        other than a combination utility does not achieve the
16        annual goal, the participating utility's return on
17        equity shall be reduced as follows: during years 1
18        through 3, by 5 basis points; during years 4 through 6,
19        by 6 basis points; and during years 7 through 10, by 7
20        basis points; and
21            (B) for each year that a participating utility that
22        is a combination utility does not achieve the annual
23        goal, the participating utility's return on equity
24        shall be reduced as follows: during years 1 through 3,
25        by 10 basis points; during years 4 through 6, by 12
26        basis points; and during years 7 through 10, by 14

 

 

HB5540 Engrossed- 790 -LRB099 16003 AMC 40320 b

1        basis points.
2        (2) With respect to each of the incremental annual
3    performance goals established pursuant to paragraph (2) of
4    subsection (f) of this Section, for each year that the
5    participating utility does not achieve each such goal, the
6    participating utility's return on equity shall be reduced
7    as follows: during years 1 through 3, by 5 basis points;
8    during years 4 through 6, by 6 basis points; and during
9    years 7 through 10, by 7 basis points.
10        (3) With respect to each of the incremental annual
11    performance goals established pursuant to paragraphs (3)
12    and (3.5) of subsection (f) of this Section, for each year
13    that a participating utility other than a combination
14    utility does not achieve both such goals, the participating
15    utility's return on equity shall be reduced as follows:
16    during years 1 through 3, by 5 basis points; during years 4
17    through 6, by 6 basis points; and during years 7 through
18    10, by 7 basis points.
19        (4) With respect to each of the incremental annual
20    performance goals established pursuant to paragraph (4) of
21    subsection (f) of this Section, for each year that the
22    participating utility does not achieve each such goal, the
23    participating utility's return on equity shall be reduced
24    as follows: during years 1 through 3, by 5 basis points;
25    during years 4 through 6, by 6 basis points; and during
26    years 7 through 10, by 7 basis points.

 

 

HB5540 Engrossed- 791 -LRB099 16003 AMC 40320 b

1        (5) With respect to each of the incremental annual
2    performance goals established pursuant to subparagraph (5)
3    of subsection (f) of this Section, for each year that the
4    participating utility does not achieve at least 95% of each
5    such goal, the participating utility's return on equity
6    shall be reduced by 5 basis points for each such unachieved
7    goal.
8        (6) With respect to each of the incremental annual
9    performance goals established pursuant to paragraphs (6),
10    (7), and (8) of subsection (f) of this Section, as
11    applicable, which together measure non-operational
12    customer savings and benefits relating to the
13    implementation of the Advanced Metering Infrastructure
14    Deployment Plan, as defined in Section 16-108.6 of this
15    Act, the performance under each such goal shall be
16    calculated in terms of the percentage of the goal achieved.
17    The percentage of goal achieved for each of the goals shall
18    be aggregated, and an average percentage value calculated,
19    for each year of the 10-year period. If the utility does
20    not achieve an average percentage value in a given year of
21    at least 95%, the participating utility's return on equity
22    shall be reduced by 5 basis points.
23    The financial penalties shall be applied as described in
24this subsection (f-5) for the 12-month period in which the
25deficiency occurred through a separate tariff mechanism, which
26shall be filed by the utility together with its metrics. In the

 

 

HB5540 Engrossed- 792 -LRB099 16003 AMC 40320 b

1event the formula rate tariff established pursuant to
2subsection (c) of this Section terminates, the utility's
3obligations under subsection (f) of this Section and this
4subsection (f-5) shall also terminate, provided, however, that
5the tariff mechanism established pursuant to subsection (f) of
6this Section and this subsection (f-5) shall remain in effect
7until any penalties due and owing at the time of such
8termination are applied.
9    The Commission shall, after notice and hearing, enter an
10order within 120 days after the metrics are filed approving, or
11approving with modification, a participating utility's tariff
12or mechanism to satisfy the metrics set forth in subsection (f)
13of this Section. On June 1 of each subsequent year, each
14participating utility shall file a report with the Commission
15that includes, among other things, a description of how the
16participating utility performed under each metric and an
17identification of any extraordinary events that adversely
18impacted the utility's performance. Whenever a participating
19utility does not satisfy the metrics required pursuant to
20subsection (f) of this Section, the Commission shall, after
21notice and hearing, enter an order approving financial
22penalties in accordance with this subsection (f-5). The
23Commission-approved financial penalties shall be applied
24beginning with the next rate year. Nothing in this Section
25shall authorize the Commission to reduce or otherwise obviate
26the imposition of financial penalties for failing to achieve

 

 

HB5540 Engrossed- 793 -LRB099 16003 AMC 40320 b

1one or more of the metrics established pursuant to subparagraph
2(1) through (4) of subsection (f) of this Section.
3    (g) On or before July 31, 2014, each participating utility
4shall file a report with the Commission that sets forth the
5average annual increase in the average amount paid per
6kilowatthour for residential eligible retail customers,
7exclusive of the effects of energy efficiency programs,
8comparing the 12-month period ending May 31, 2012; the 12-month
9period ending May 31, 2013; and the 12-month period ending May
1031, 2014. For a participating utility that is a combination
11utility with more than one rate zone, the weighted average
12aggregate increase shall be provided. The report shall be filed
13together with a statement from an independent auditor attesting
14to the accuracy of the report. The cost of the independent
15auditor shall be borne by the participating utility and shall
16not be a recoverable expense. "The average amount paid per
17kilowatthour" shall be based on the participating utility's
18tariffed rates actually in effect and shall not be calculated
19using any hypothetical rate or adjustments to actual charges
20(other than as specified for energy efficiency) as an input.
21    In the event that the average annual increase exceeds 2.5%
22as calculated pursuant to this subsection (g), then Sections
2316-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other
24than this subsection, shall be inoperative as they relate to
25the utility and its service area as of the date of the report
26due to be submitted pursuant to this subsection and the utility

 

 

HB5540 Engrossed- 794 -LRB099 16003 AMC 40320 b

1shall no longer be eligible to annually update the
2performance-based formula rate tariff pursuant to subsection
3(d) of this Section. In such event, the then current rates
4shall remain in effect until such time as new rates are set
5pursuant to Article IX of this Act, subject to retroactive
6adjustment, with interest, to reconcile rates charged with
7actual costs, and the participating utility's voluntary
8commitments and obligations under subsection (b) of this
9Section shall immediately terminate, except for the utility's
10obligation to pay an amount already owed to the fund for
11training grants pursuant to a Commission order issued under
12subsection (b) of this Section.
13    In the event that the average annual increase is 2.5% or
14less as calculated pursuant to this subsection (g), then the
15performance-based formula rate shall remain in effect as set
16forth in this Section.
17    For purposes of this Section, the amount per kilowatthour
18means the total amount paid for electric service expressed on a
19per kilowatthour basis, and the total amount paid for electric
20service includes without limitation amounts paid for supply,
21transmission, distribution, surcharges, and add-on taxes
22exclusive of any increases in taxes or new taxes imposed after
23October 26, 2011 (the effective date of Public Act 97-616) this
24amendatory Act of the 97th General Assembly. For purposes of
25this Section, "eligible retail customers" shall have the
26meaning set forth in Section 16-111.5 of this Act.

 

 

HB5540 Engrossed- 795 -LRB099 16003 AMC 40320 b

1    The fact that this Section becomes inoperative as set forth
2in this subsection shall not be construed to mean that the
3Commission may reexamine or otherwise reopen prudence or
4reasonableness determinations already made.
5    (h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of
6this Act, other than this subsection, are inoperative after
7December 31, 2019 for every participating utility, after which
8time a participating utility shall no longer be eligible to
9annually update the performance-based formula rate tariff
10pursuant to subsection (d) of this Section. At such time, the
11then current rates shall remain in effect until such time as
12new rates are set pursuant to Article IX of this Act, subject
13to retroactive adjustment, with interest, to reconcile rates
14charged with actual costs.
15    By December 31, 2017, the Commission shall prepare and file
16with the General Assembly a report on the infrastructure
17program and the performance-based formula rate. The report
18shall include the change in the average amount per kilowatthour
19paid by residential customers between June 1, 2011 and May 31,
202017. If the change in the total average rate paid exceeds 2.5%
21compounded annually, the Commission shall include in the report
22an analysis that shows the portion of the change due to the
23delivery services component and the portion of the change due
24to the supply component of the rate. The report shall include
25separate sections for each participating utility.
26    In the event Sections 16-108.5, 16-108.6, 16-108.7, and

 

 

HB5540 Engrossed- 796 -LRB099 16003 AMC 40320 b

116-108.8 of this Act do not become inoperative after December
231, 2019, then these Sections are inoperative after December
331, 2022 for every participating utility, after which time a
4participating utility shall no longer be eligible to annually
5update the performance-based formula rate tariff pursuant to
6subsection (d) of this Section. At such time, the then current
7rates shall remain in effect until such time as new rates are
8set pursuant to Article IX of this Act, subject to retroactive
9adjustment, with interest, to reconcile rates charged with
10actual costs.
11    The fact that this Section becomes inoperative as set forth
12in this subsection shall not be construed to mean that the
13Commission may reexamine or otherwise reopen prudence or
14reasonableness determinations already made.
15    (i) While a participating utility may use, develop, and
16maintain broadband systems and the delivery of broadband
17services, voice-over-internet-protocol services,
18telecommunications services, and cable and video programming
19services for use in providing delivery services and Smart Grid
20functionality or application to its retail customers,
21including, but not limited to, the installation,
22implementation and maintenance of Smart Grid electric system
23upgrades as defined in Section 16-108.6 of this Act, a
24participating utility is prohibited from offering to its retail
25customers broadband services or the delivery of broadband
26services, voice-over-internet-protocol services,

 

 

HB5540 Engrossed- 797 -LRB099 16003 AMC 40320 b

1telecommunications services, or cable or video programming
2services, unless they are part of a service directly related to
3delivery services or Smart Grid functionality or applications
4as defined in Section 16-108.6 of this Act, and from recovering
5the costs of such offerings from retail customers.
6    (j) Nothing in this Section is intended to legislatively
7overturn the opinion issued in Commonwealth Edison Co. v. Ill.
8Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,
91-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.
10Ct. 2d Dist. Sept. 30, 2010). Public Act 97-616 This amendatory
11Act of the 97th General Assembly shall not be construed as
12creating a contract between the General Assembly and the
13participating utility, and shall not establish a property right
14in the participating utility.
15    (k) The changes made in subsections (c) and (d) of this
16Section by Public Act 98-15 this amendatory Act of the 98th
17General Assembly are intended to be a restatement and
18clarification of existing law, and intended to give binding
19effect to the provisions of House Resolution 1157 adopted by
20the House of Representatives of the 97th General Assembly and
21Senate Resolution 821 adopted by the Senate of the 97th General
22Assembly that are reflected in paragraph (3) of this
23subsection. In addition, Public Act 98-15 this amendatory Act
24of the 98th General Assembly preempts and supersedes any final
25Commission orders entered in Docket Nos. 11-0721, 12-0001,
2612-0293, and 12-0321 to the extent inconsistent with the

 

 

HB5540 Engrossed- 798 -LRB099 16003 AMC 40320 b

1amendatory language added to subsections (c) and (d).
2        (1) No earlier than 5 business days after May 22, 2013
3    (the effective date of Public Act 98-15) this amendatory
4    Act of the 98th General Assembly, each participating
5    utility shall file any tariff changes necessary to
6    implement the amendatory language set forth in subsections
7    (c) and (d) of this Section by Public Act 98-15 this
8    amendatory Act of the 98th General Assembly and a revised
9    revenue requirement under the participating utility's
10    performance-based formula rate. The Commission shall enter
11    a final order approving such tariff changes and revised
12    revenue requirement within 21 days after the participating
13    utility's filing.
14        (2) Notwithstanding anything that may be to the
15    contrary, a participating utility may file a tariff to
16    retroactively recover its previously unrecovered actual
17    costs of delivery service that are no longer subject to
18    recovery through a reconciliation adjustment under
19    subsection (d) of this Section. This retroactive recovery
20    shall include any derivative adjustments resulting from
21    the changes to subsections (c) and (d) of this Section by
22    Public Act 98-15 this amendatory Act of the 98th General
23    Assembly. Such tariff shall allow the utility to assess, on
24    current customer bills over a period of 12 monthly billing
25    periods, a charge or credit related to those unrecovered
26    costs with interest at the utility's weighted average cost

 

 

HB5540 Engrossed- 799 -LRB099 16003 AMC 40320 b

1    of capital during the period in which those costs were
2    unrecovered. A participating utility may file a tariff that
3    implements a retroactive charge or credit as described in
4    this paragraph for amounts not otherwise included in the
5    tariff filing provided for in paragraph (1) of this
6    subsection (k). The Commission shall enter a final order
7    approving such tariff within 21 days after the
8    participating utility's filing.
9        (3) The tariff changes described in paragraphs (1) and
10    (2) of this subsection (k) shall relate only to, and be
11    consistent with, the following provisions of Public Act
12    98-15 this amendatory Act of the 98th General Assembly:
13    paragraph (2) of subsection (c) regarding year-end capital
14    structure, subparagraph (D) of paragraph (4) of subsection
15    (c) regarding pension assets, and subsection (d) regarding
16    the reconciliation components related to year-end rate
17    base and interest calculated at a rate equal to the
18    utility's weighted average cost of capital.
19        (4) Nothing in this subsection is intended to effect a
20    dismissal of or otherwise affect an appeal from any final
21    Commission orders entered in Docket Nos. 11-0721, 12-0001,
22    12-0293, and 12-0321 other than to the extent of the
23    amendatory language contained in subsections (c) and (d) of
24    this Section of Public Act 98-15 this amendatory Act of the
25    98th General Assembly.
26    (l) Each participating utility shall be deemed to have been

 

 

HB5540 Engrossed- 800 -LRB099 16003 AMC 40320 b

1in full compliance with all requirements of subsection (b) of
2this Section, subsection (c) of this Section, Section 16-108.6
3of this Act, and all Commission orders entered pursuant to
4Sections 16-108.5 and 16-108.6 of this Act, up to and including
5May 22, 2013 (the effective date of Public Act 98-15) this
6amendatory Act of the 98th General Assembly. The Commission
7shall not undertake any investigation of such compliance and no
8penalty shall be assessed or adverse action taken against a
9participating utility for noncompliance with Commission orders
10associated with subsection (b) of this Section, subsection (c)
11of this Section, and Section 16-108.6 of this Act prior to such
12date. Each participating utility other than a combination
13utility shall be permitted, without penalty, a period of 12
14months after such effective date to take actions required to
15ensure its infrastructure investment program is in compliance
16with subsection (b) of this Section and with Section 16-108.6
17of this Act. Provided further: (1) if this amendatory Act of
18the 98th General Assembly takes effect on or before June 15,
192013, the following subparagraphs shall apply to a
20participating utility other than a combination utility:
21        (A) if the Commission has initiated a proceeding
22    pursuant to subsection (e) of Section 16-108.6 of this Act
23    that is pending as of May 22, 2013 (the effective date of
24    Public Act 98-15) this amendatory Act of the 98th General
25    Assembly, then the order entered in such proceeding shall,
26    after notice and hearing, accelerate the commencement of

 

 

HB5540 Engrossed- 801 -LRB099 16003 AMC 40320 b

1    the meter deployment schedule approved in the final
2    Commission order on rehearing entered in Docket No.
3    12-0298;
4        (B) if the Commission has entered an order pursuant to
5    subsection (e) of Section 16-108.6 of this Act prior to May
6    22, 2013 (the effective date of Public Act 98-15) this
7    amendatory Act of the 98th General Assembly that does not
8    accelerate the commencement of the meter deployment
9    schedule approved in the final Commission order on
10    rehearing entered in Docket No. 12-0298, then the utility
11    shall file with the Commission, within 45 days after such
12    effective date, a plan for accelerating the commencement of
13    the utility's meter deployment schedule approved in the
14    final Commission order on rehearing entered in Docket No.
15    12-0298; the Commission shall reopen the proceeding in
16    which it entered its order pursuant to subsection (e) of
17    Section 16-108.6 of this Act and shall, after notice and
18    hearing, enter an amendatory order that approves or
19    approves as modified such accelerated plan within 90 days
20    after the utility's filing; or
21        (C) if the Commission has not initiated a proceeding
22    pursuant to subsection (e) of Section 16-108.6 of this Act
23    prior to May 22, 2013 (the effective date of Public Act
24    98-15) this amendatory Act of the 98th General Assembly,
25    then the utility shall file with the Commission, within 45
26    days after such effective date, a plan for accelerating the

 

 

HB5540 Engrossed- 802 -LRB099 16003 AMC 40320 b

1    commencement of the utility's meter deployment schedule
2    approved in the final Commission order on rehearing entered
3    in Docket No. 12-0298 and the Commission shall, after
4    notice and hearing, approve or approve as modified such
5    plan within 90 days after the utility's filing; .
6        (2) if this amendatory Act of the 98th General Assembly
7    takes effect after June 15, 2013, then each participating
8    utility other than a combination utility shall file with
9    the Commission, within 45 days after such effective date, a
10    plan for accelerating the commencement of the utility's
11    meter deployment schedule approved in the final Commission
12    order on rehearing entered in Docket No. 12-0298; the
13    Commission shall reopen the most recent proceeding in which
14    it entered an order pursuant to subsection (e) of Section
15    16-108.6 of this Act and within 90 days after the utility's
16    filing shall, after notice and hearing, enter an amendatory
17    order that approves or approves as modified such
18    accelerated plan, provided that if there was no such prior
19    proceeding the Commission shall open a new proceeding and
20    within 90 days after the utility's filing shall, after
21    notice and hearing, enter an order that approves or
22    approves as modified such accelerated plan.
23    Any schedule for meter deployment approved by the
24Commission pursuant to subparagraphs (1) or (2) of this
25subsection (l) shall take into consideration procurement times
26for meters and other equipment and operational issues. Nothing

 

 

HB5540 Engrossed- 803 -LRB099 16003 AMC 40320 b

1in Public Act 98-15 this amendatory Act of the 98th General
2Assembly shall shorten or extend the end dates for the 5-year
3or 10-year periods set forth in subsection (b) of this Section
4or Section 16-108.6 of this Act. Nothing in this subsection is
5intended to address whether a participating utility has, or has
6not, satisfied any or all of the metrics and performance goals
7established pursuant to subsection (f) of this Section.
8    (m) The provisions of Public Act 98-15 this amendatory Act
9of the 98th General Assembly are severable under Section 1.31
10of the Statute on Statutes.
11(Source: P.A. 98-15, eff. 5-22-13; 98-1175, eff. 6-1-15;
1299-143, eff. 7-27-15; revised 10-21-15.)
 
13    Section 320. The Illinois Athletic Trainers Practice Act is
14amended by changing Section 18 as follows:
 
15    (225 ILCS 5/18)  (from Ch. 111, par. 7618)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 18. Investigations; notice and hearing. The
18Department may investigate the actions of any applicant or of
19any person or persons holding or claiming to hold a license.
20The Department shall, before refusing to issue or to renew a
21license or disciplining a registrant, at least 30 days prior to
22the date set for the hearing, notify in writing the applicant
23or licensee of the nature of the charges and the time and place
24that a hearing will be held on the charges. The Department

 

 

HB5540 Engrossed- 804 -LRB099 16003 AMC 40320 b

1shall direct the applicant or licensee to file a written answer
2under oath within 20 days after the service of the notice. In
3case the person fails to file an answer after receiving notice,
4his or her license or certificate may, in the discretion of the
5Department, be suspended, revoked, or placed on probationary
6status, or the Department may take whatever disciplinary action
7deemed proper, including limiting the scope, nature, or extent
8of the person's practice or the imposition of a fine, without a
9hearing, if the act or acts charged constitute sufficient
10grounds for such action under this Act. At the time and place
11fixed in the notice, the Department shall proceed to hear the
12charges, and the parties or their counsel shall be accorded
13ample opportunity to present such statements, testimony,
14evidence, and argument as may be pertinent to the charges or to
15their defense. The Department may continue a hearing from time
16to time. The written notice and any notice in the subsequent
17proceeding may be served by registered or certified mail to the
18licensee's address of record.
19(Source: P.A. 99-469, eff. 8-26-15; revised 10-9-15.)
 
20    Section 325. The Child Care Act of 1969 is amended by
21changing Section 2.06 as follows:
 
22    (225 ILCS 10/2.06)  (from Ch. 23, par. 2212.06)
23    Sec. 2.06. "Child care institution" means a child care
24facility where more than 7 children are received and maintained

 

 

HB5540 Engrossed- 805 -LRB099 16003 AMC 40320 b

1for the purpose of providing them with care or training or
2both. The term "child care institution" includes residential
3schools, primarily serving ambulatory children with
4disabilities, and those operating a full calendar year, but
5does not include:
6        (a) any Any State-operated institution for child care
7    established by legislative action;
8        (b) any Any juvenile detention or shelter care home
9    established and operated by any county or child protection
10    district established under the "Child Protection Act";
11        (c) any Any institution, home, place or facility
12    operating under a license pursuant to the Nursing Home Care
13    Act, the Specialized Mental Health Rehabilitation Act of
14    2013, the ID/DD Community Care Act, or the MC/DD Act;
15        (d) any Any bona fide boarding school in which children
16    are primarily taught branches of education corresponding
17    to those taught in public schools, grades one through 12,
18    or taught in public elementary schools, high schools, or
19    both elementary and high schools, and which operates on a
20    regular academic school year basis; or
21        (e) any Any facility licensed as a "group home" as
22    defined in this Act.
23(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
2499-180, eff. 7-29-15; revised 10-9-15.)
 
25    Section 330. The Environmental Health Practitioner

 

 

HB5540 Engrossed- 806 -LRB099 16003 AMC 40320 b

1Licensing Act is amended by changing Section 130 as follows:
 
2    (225 ILCS 37/130)
3    (Section scheduled to be repealed on January 1, 2019)
4    Sec. 130. Illinois Administrative Procedure Act. The
5Illinois Administrative Procedure Act is expressly adopted and
6incorporated in this Act as if all of the provisions of that
7Act were included in this Act, except that the provision of
8paragraph (c) of Section 10-65 16 of the Illinois
9Administrative Procedure Act, which provides that at hearings
10the certificate holder has the right to show compliance with
11all lawful requirements for retention, or continuation, or
12renewal of the certificate, is specifically excluded. For the
13purpose of this Act, the notice required under Section 10-25 10
14of the Illinois Administrative Procedure Act is deemed
15sufficient when mailed to the last known address of a party.
16(Source: P.A. 89-61, eff. 6-30-95; revised 10-9-15.)
 
17    Section 335. The Patients' Right to Know Act is amended by
18changing Section 5 as follows:
 
19    (225 ILCS 61/5)
20    Sec. 5. Definitions. For purposes of this Act, the
21following definitions shall have the following meanings,
22except where the context requires otherwise:
23    "Department" means the Department of Financial and

 

 

HB5540 Engrossed- 807 -LRB099 16003 AMC 40320 b

1Professional Regulation.
2    "Disciplinary Board" means the Medical Disciplinary Board.
3    "Physician" means a person licensed under the Medical
4Practice Act of 1987 to practice medicine in all of its
5branches or a chiropractic physician licensed to treat human
6ailments without the use of drugs and without operative
7surgery.
8    "Secretary" means the Secretary of the Department of
9Financial and Professional Regulation.
10(Source: P.A. 97-280, eff. 8-9-11; revised 10-21-15.)
 
11    Section 340. The Nurse Practice Act is amended by changing
12Section 50-10 as follows:
 
13    (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 50-10. Definitions. Each of the following terms, when
16used in this Act, shall have the meaning ascribed to it in this
17Section, except where the context clearly indicates otherwise:
18    "Academic year" means the customary annual schedule of
19courses at a college, university, or approved school,
20customarily regarded as the school year as distinguished from
21the calendar year.
22    "Advanced practice nurse" or "APN" means a person who has
23met the qualifications for a (i) certified nurse midwife (CNM);
24(ii) certified nurse practitioner (CNP); (iii) certified

 

 

HB5540 Engrossed- 808 -LRB099 16003 AMC 40320 b

1registered nurse anesthetist (CRNA); or (iv) clinical nurse
2specialist (CNS) and has been licensed by the Department. All
3advanced practice nurses licensed and practicing in the State
4of Illinois shall use the title APN and may use specialty
5credentials CNM, CNP, CRNA, or CNS after their name. All
6advanced practice nurses may only practice in accordance with
7national certification and this Act.
8    "Approved program of professional nursing education" and
9"approved program of practical nursing education" are programs
10of professional or practical nursing, respectively, approved
11by the Department under the provisions of this Act.
12    "Board" means the Board of Nursing appointed by the
13Secretary.
14    "Collaboration" means a process involving 2 or more health
15care professionals working together, each contributing one's
16respective area of expertise to provide more comprehensive
17patient care.
18    "Consultation" means the process whereby an advanced
19practice nurse seeks the advice or opinion of another health
20care professional.
21    "Credentialed" means the process of assessing and
22validating the qualifications of a health care professional.
23    "Current nursing practice update course" means a planned
24nursing education curriculum approved by the Department
25consisting of activities that have educational objectives,
26instructional methods, content or subject matter, clinical

 

 

HB5540 Engrossed- 809 -LRB099 16003 AMC 40320 b

1practice, and evaluation methods, related to basic review and
2updating content and specifically planned for those nurses
3previously licensed in the United States or its territories and
4preparing for reentry into nursing practice.
5    "Dentist" means a person licensed to practice dentistry
6under the Illinois Dental Practice Act.
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Hospital affiliate" means a corporation, partnership,
10joint venture, limited liability company, or similar
11organization, other than a hospital, that is devoted primarily
12to the provision, management, or support of health care
13services and that directly or indirectly controls, is
14controlled by, or is under common control of the hospital. For
15the purposes of this definition, "control" means having at
16least an equal or a majority ownership or membership interest.
17A hospital affiliate shall be 100% owned or controlled by any
18combination of hospitals, their parent corporations, or
19physicians licensed to practice medicine in all its branches in
20Illinois. "Hospital affiliate" does not include a health
21maintenance organization regulated under the Health
22Maintenance Organization Act.
23    "Impaired nurse" means a nurse licensed under this Act who
24is unable to practice with reasonable skill and safety because
25of a physical or mental disability as evidenced by a written
26determination or written consent based on clinical evidence,

 

 

HB5540 Engrossed- 810 -LRB099 16003 AMC 40320 b

1including loss of motor skills, abuse of drugs or alcohol, or a
2psychiatric disorder, of sufficient degree to diminish his or
3her ability to deliver competent patient care.
4    "License-pending advanced practice nurse" means a
5registered professional nurse who has completed all
6requirements for licensure as an advanced practice nurse except
7the certification examination and has applied to take the next
8available certification exam and received a temporary license
9from the Department.
10    "License-pending registered nurse" means a person who has
11passed the Department-approved registered nurse licensure exam
12and has applied for a license from the Department. A
13license-pending registered nurse shall use the title "RN lic
14pend" on all documentation related to nursing practice.
15    "Physician" means a person licensed to practice medicine in
16all its branches under the Medical Practice Act of 1987.
17    "Podiatric physician" means a person licensed to practice
18podiatry under the Podiatric Medical Practice Act of 1987.
19    "Practical nurse" or "licensed practical nurse" means a
20person who is licensed as a practical nurse under this Act and
21practices practical nursing as defined in this Act. Only a
22practical nurse licensed under this Act is entitled to use the
23title "licensed practical nurse" and the abbreviation
24"L.P.N.".
25    "Practical nursing" means the performance of nursing acts
26requiring the basic nursing knowledge, judgment, and skill

 

 

HB5540 Engrossed- 811 -LRB099 16003 AMC 40320 b

1acquired by means of completion of an approved practical
2nursing education program. Practical nursing includes
3assisting in the nursing process as delegated by a registered
4professional nurse or an advanced practice nurse. The practical
5nurse may work under the direction of a licensed physician,
6dentist, podiatric physician, or other health care
7professional determined by the Department.
8    "Privileged" means the authorization granted by the
9governing body of a healthcare facility, agency, or
10organization to provide specific patient care services within
11well-defined limits, based on qualifications reviewed in the
12credentialing process.
13    "Registered Nurse" or "Registered Professional Nurse"
14means a person who is licensed as a professional nurse under
15this Act and practices nursing as defined in this Act. Only a
16registered nurse licensed under this Act is entitled to use the
17titles "registered nurse" and "registered professional nurse"
18and the abbreviation, "R.N.".
19    "Registered professional nursing practice" is a scientific
20process founded on a professional body of knowledge; it is a
21learned profession based on the understanding of the human
22condition across the life span and environment and includes all
23nursing specialties and means the performance of any nursing
24act based upon professional knowledge, judgment, and skills
25acquired by means of completion of an approved professional
26nursing education program. A registered professional nurse

 

 

HB5540 Engrossed- 812 -LRB099 16003 AMC 40320 b

1provides holistic nursing care through the nursing process to
2individuals, groups, families, or communities, that includes
3but is not limited to: (1) the assessment of healthcare needs,
4nursing diagnosis, planning, implementation, and nursing
5evaluation; (2) the promotion, maintenance, and restoration of
6health; (3) counseling, patient education, health education,
7and patient advocacy; (4) the administration of medications and
8treatments as prescribed by a physician licensed to practice
9medicine in all of its branches, a licensed dentist, a licensed
10podiatric physician, or a licensed optometrist or as prescribed
11by a physician assistant or by an advanced practice nurse; (5)
12the coordination and management of the nursing plan of care;
13(6) the delegation to and supervision of individuals who assist
14the registered professional nurse implementing the plan of
15care; and (7) teaching nursing students. The foregoing shall
16not be deemed to include those acts of medical diagnosis or
17prescription of therapeutic or corrective measures.
18    "Professional assistance program for nurses" means a
19professional assistance program that meets criteria
20established by the Board of Nursing and approved by the
21Secretary, which provides a non-disciplinary treatment
22approach for nurses licensed under this Act whose ability to
23practice is compromised by alcohol or chemical substance
24addiction.
25    "Secretary" means the Secretary of Financial and
26Professional Regulation.

 

 

HB5540 Engrossed- 813 -LRB099 16003 AMC 40320 b

1    "Unencumbered license" means a license issued in good
2standing.
3    "Written collaborative agreement" means a written
4agreement between an advanced practice nurse and a
5collaborating physician, dentist, or podiatric physician
6pursuant to Section 65-35.
7(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
899-330, eff. 1-1-16; revised 10-20-15.)
 
9    Section 345. The Pharmacy Practice Act is amended by
10changing Section 19.1 as follows:
 
11    (225 ILCS 85/19.1)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 19.1. Dispensing opioid antagonists naloxone
14antidotes.
15    (a) Due to the recent rise in opioid-related deaths in
16Illinois and the existence of an opioid antagonist that can
17reverse the deadly effects of overdose, the General Assembly
18finds that in order to avoid further loss where possible, it is
19responsible to allow greater access of such an antagonist to
20those populations at risk of overdose.
21    (b) Notwithstanding any general or special law to the
22contrary, a licensed pharmacist may dispense an opioid
23antagonist in accordance with written, standardized procedures
24or protocols developed by the Department with the Department of

 

 

HB5540 Engrossed- 814 -LRB099 16003 AMC 40320 b

1Public Health and the Department of Human Services if the
2procedures or protocols are filed at the pharmacy before
3implementation and are available to the Department upon
4request.
5    (c) Before dispensing an opioid antagonist pursuant to this
6Section, a pharmacist shall complete a training program
7approved by the Department of Human Services pursuant to
8Section 5-23 of the Alcoholism and Other Drug Abuse and
9Dependency Act. The training program shall include, but not be
10limited to, proper documentation and quality assurance.
11    (d) For the purpose of this Section, "opioid antagonist"
12means a drug that binds to opioid receptors and blocks or
13inhibits the effect of opioids acting on those receptors,
14including, but not limited to, naloxone hydrochloride or any
15other similarly acting and equally safe drug approved by the
16U.S. Food and Drug Administration for the treatment of drug
17overdose.
18(Source: P.A. 99-480, eff. 9-9-15; revised 10-16-15.)
 
19    Section 350. The Illinois Physical Therapy Act is amended
20by changing Section 1 as follows:
 
21    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 1. Definitions. As used in this Act:
24    (1) "Physical therapy" means all of the following:

 

 

HB5540 Engrossed- 815 -LRB099 16003 AMC 40320 b

1        (A) Examining, evaluating, and testing individuals who
2    may have mechanical, physiological, or developmental
3    impairments, functional limitations, disabilities, or
4    other health and movement-related conditions, classifying
5    these disorders, determining a rehabilitation prognosis
6    and plan of therapeutic intervention, and assessing the
7    on-going effects of the interventions.
8        (B) Alleviating impairments, functional limitations,
9    or disabilities by designing, implementing, and modifying
10    therapeutic interventions that may include, but are not
11    limited to, the evaluation or treatment of a person through
12    the use of the effective properties of physical measures
13    and heat, cold, light, water, radiant energy, electricity,
14    sound, and air and use of therapeutic massage, therapeutic
15    exercise, mobilization, and rehabilitative procedures,
16    with or without assistive devices, for the purposes of
17    preventing, correcting, or alleviating a physical or
18    mental impairment, functional limitation, or disability.
19        (C) Reducing the risk of injury, impairment,
20    functional limitation, or disability, including the
21    promotion and maintenance of fitness, health, and
22    wellness.
23        (D) Engaging in administration, consultation,
24    education, and research.
25    Physical therapy includes, but is not limited to: (a)
26performance of specialized tests and measurements, (b)

 

 

HB5540 Engrossed- 816 -LRB099 16003 AMC 40320 b

1administration of specialized treatment procedures, (c)
2interpretation of referrals from physicians, dentists,
3advanced practice nurses, physician assistants, and podiatric
4physicians, (d) establishment, and modification of physical
5therapy treatment programs, (e) administration of topical
6medication used in generally accepted physical therapy
7procedures when such medication is either prescribed by the
8patient's physician, licensed to practice medicine in all its
9branches, the patient's physician licensed to practice
10podiatric medicine, the patient's advanced practice nurse, the
11patient's physician assistant, or the patient's dentist or used
12following the physician's orders or written instructions, and
13(f) supervision or teaching of physical therapy. Physical
14therapy does not include radiology, electrosurgery,
15chiropractic technique or determination of a differential
16diagnosis; provided, however, the limitation on determining a
17differential diagnosis shall not in any manner limit a physical
18therapist licensed under this Act from performing an evaluation
19pursuant to such license. Nothing in this Section shall limit a
20physical therapist from employing appropriate physical therapy
21techniques that he or she is educated and licensed to perform.
22A physical therapist shall refer to a licensed physician,
23advanced practice nurse, physician assistant, dentist,
24podiatric physician, other physical therapist, or other health
25care provider any patient whose medical condition should, at
26the time of evaluation or treatment, be determined to be beyond

 

 

HB5540 Engrossed- 817 -LRB099 16003 AMC 40320 b

1the scope of practice of the physical therapist.
2    (2) "Physical therapist" means a person who practices
3physical therapy and who has met all requirements as provided
4in this Act.
5    (3) "Department" means the Department of Professional
6Regulation.
7    (4) "Director" means the Director of Professional
8Regulation.
9    (5) "Board" means the Physical Therapy Licensing and
10Disciplinary Board approved by the Director.
11    (6) "Referral" means a written or oral authorization for
12physical therapy services for a patient by a physician,
13dentist, advanced practice nurse, physician assistant, or
14podiatric physician who maintains medical supervision of the
15patient and makes a diagnosis or verifies that the patient's
16condition is such that it may be treated by a physical
17therapist.
18    (7) "Documented current and relevant diagnosis" for the
19purpose of this Act means a diagnosis, substantiated by
20signature or oral verification of a physician, dentist,
21advanced practice nurse, physician assistant, or podiatric
22physician, that a patient's condition is such that it may be
23treated by physical therapy as defined in this Act, which
24diagnosis shall remain in effect until changed by the
25physician, dentist, advanced practice nurse, physician
26assistant, or podiatric physician.

 

 

HB5540 Engrossed- 818 -LRB099 16003 AMC 40320 b

1    (8) "State" includes:
2        (a) the states of the United States of America;
3        (b) the District of Columbia; and
4        (c) the Commonwealth of Puerto Rico.
5    (9) "Physical therapist assistant" means a person licensed
6to assist a physical therapist and who has met all requirements
7as provided in this Act and who works under the supervision of
8a licensed physical therapist to assist in implementing the
9physical therapy treatment program as established by the
10licensed physical therapist. The patient care activities
11provided by the physical therapist assistant shall not include
12the interpretation of referrals, evaluation procedures, or the
13planning or major modification of patient programs.
14    (10) "Physical therapy aide" means a person who has
15received on the job training, specific to the facility in which
16he is employed.
17    (11) "Advanced practice nurse" means a person licensed as
18an advanced practice nurse under the Nurse Practice Act.
19    (12) "Physician assistant" means a person licensed under
20the Physician Assistant Practice Act of 1987.
21(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
2299-229, eff. 8-3-15; revised 10-21-15.)
 
23    Section 355. The Respiratory Care Practice Act is amended
24by changing Sections 10 and 115 as follows:
 

 

 

HB5540 Engrossed- 819 -LRB099 16003 AMC 40320 b

1    (225 ILCS 106/10)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 10. Definitions. In this Act:
4    "Address of record" means the designated address recorded
5by the Department in the applicant's or licensee's application
6file or license file as maintained by the Department's
7licensure maintenance unit. It is the duty of the applicant or
8licensee to inform the Department of any change of address and
9those changes must be made either through the Department's
10website or by contacting the Department.
11    "Advanced practice nurse" means an advanced practice nurse
12licensed under the Nurse Practice Act.
13    "Board" means the Respiratory Care Board appointed by the
14Secretary.
15    "Basic respiratory care activities" means and includes all
16of the following activities:
17         (1) Cleaning, disinfecting, and sterilizing equipment
18    used in the practice of respiratory care as delegated by a
19    licensed health care professional or other authorized
20    licensed personnel.
21        (2) Assembling equipment used in the practice of
22    respiratory care as delegated by a licensed health care
23    professional or other authorized licensed personnel.
24        (3) Collecting and reviewing patient data through
25    non-invasive means, provided that the collection and
26    review does not include the individual's interpretation of

 

 

HB5540 Engrossed- 820 -LRB099 16003 AMC 40320 b

1    the clinical significance of the data. Collecting and
2    reviewing patient data includes the performance of pulse
3    oximetry and non-invasive monitoring procedures in order
4    to obtain vital signs and notification to licensed health
5    care professionals and other authorized licensed personnel
6    in a timely manner.
7        (4) Maintaining a nasal cannula or face mask for oxygen
8    therapy in the proper position on the patient's face.
9        (5) Assembling a nasal cannula or face mask for oxygen
10    therapy at patient bedside in preparation for use.
11        (6) Maintaining a patient's natural airway by
12    physically manipulating the jaw and neck, suctioning the
13    oral cavity, or suctioning the mouth or nose with a bulb
14    syringe.
15        (7) Performing assisted ventilation during emergency
16    resuscitation using a manual resuscitator.
17        (8) Using a manual resuscitator at the direction of a
18    licensed health care professional or other authorized
19    licensed personnel who is present and performing routine
20    airway suctioning. These activities do not include care of
21    a patient's artificial airway or the adjustment of
22    mechanical ventilator settings while a patient is
23    connected to the ventilator.
24"Basic respiratory care activities" does not mean activities
25that involve any of the following:
26        (1) Specialized knowledge that results from a course of

 

 

HB5540 Engrossed- 821 -LRB099 16003 AMC 40320 b

1    education or training in respiratory care.
2        (2) An unreasonable risk of a negative outcome for the
3    patient.
4        (3) The assessment or making of a decision concerning
5    patient care.
6        (4) The administration of aerosol medication or
7    medical gas.
8        (5) The insertion and maintenance of an artificial
9    airway.
10        (6) Mechanical ventilatory support.
11        (7) Patient assessment.
12        (8) Patient education.
13        (9) The transferring of oxygen devices, for purposes of
14    patient transport, with a liter flow greater than 6 liters
15    per minute, and the transferring of oxygen devices at any
16    liter flow being delivered to patients less than 12 years
17    of age.
18    "Department" means the Department of Financial and
19Professional Regulation.
20    "Licensed" means that which is required to hold oneself out
21as a respiratory care practitioner as defined in this Act.
22    "Licensed health care professional" means a physician
23licensed to practice medicine in all its branches, a licensed
24advanced practice nurse, or a licensed physician assistant.
25    "Order" means a written, oral, or telecommunicated
26authorization for respiratory care services for a patient by

 

 

HB5540 Engrossed- 822 -LRB099 16003 AMC 40320 b

1(i) a licensed health care professional who maintains medical
2supervision of the patient and makes a diagnosis or verifies
3that the patient's condition is such that it may be treated by
4a respiratory care practitioner or (ii) a certified registered
5nurse anesthetist in a licensed hospital or ambulatory surgical
6treatment center.
7    "Other authorized licensed personnel" means a licensed
8respiratory care practitioner, a licensed registered nurse, or
9a licensed practical nurse whose scope of practice authorizes
10the professional to supervise an individual who is not
11licensed, certified, or registered as a health professional.
12    "Proximate supervision" means a situation in which an
13individual is responsible for directing the actions of another
14individual in the facility and is physically close enough to be
15readily available, if needed, by the supervised individual.
16    "Respiratory care" and "cardiorespiratory care" mean
17preventative services, evaluation and assessment services,
18therapeutic services, cardiopulmonary disease management, and
19rehabilitative services under the order of a licensed health
20care professional for an individual with a disorder, disease,
21or abnormality of the cardiopulmonary system. These terms
22include, but are not limited to, measuring, observing,
23assessing, and monitoring signs and symptoms, reactions,
24general behavior, and general physical response of individuals
25to respiratory care services, including the determination of
26whether those signs, symptoms, reactions, behaviors, or

 

 

HB5540 Engrossed- 823 -LRB099 16003 AMC 40320 b

1general physical responses exhibit abnormal characteristics;
2the administration of pharmacological and therapeutic agents
3and procedures related to respiratory care services; the
4collection of blood specimens and other bodily fluids and
5tissues for, and the performance of, cardiopulmonary
6diagnostic testing procedures, including, but not limited to,
7blood gas analysis; development, implementation, and
8modification of respiratory care treatment plans based on
9assessed abnormalities of the cardiopulmonary system,
10respiratory care guidelines, referrals, and orders of a
11licensed health care professional; application, operation, and
12management of mechanical ventilatory support and other means of
13life support, including, but not limited to, hemodynamic
14cardiovascular support; and the initiation of emergency
15procedures under the rules promulgated by the Department. A
16respiratory care practitioner shall refer to a physician
17licensed to practice medicine in all its branches any patient
18whose condition, at the time of evaluation or treatment, is
19determined to be beyond the scope of practice of the
20respiratory care practitioner.
21    "Respiratory care education program" means a course of
22academic study leading to eligibility for registry or
23certification in respiratory care. The training is to be
24approved by an accrediting agency recognized by the Board and
25shall include an evaluation of competence through a
26standardized testing mechanism that is determined by the Board

 

 

HB5540 Engrossed- 824 -LRB099 16003 AMC 40320 b

1to be both valid and reliable.
2    "Respiratory care practitioner" means a person who is
3licensed by the Department of Professional Regulation and meets
4all of the following criteria:
5        (1) The person is engaged in the practice of
6    cardiorespiratory care and has the knowledge and skill
7    necessary to administer respiratory care.
8        (2) The person is capable of serving as a resource to
9    the licensed health care professional in relation to the
10    technical aspects of cardiorespiratory care and the safe
11    and effective methods for administering cardiorespiratory
12    care modalities.
13        (3) The person is able to function in situations of
14    unsupervised patient contact requiring great individual
15    judgment.
16    "Secretary" means the Secretary of Financial and
17Professional Regulation.
18(Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;
19revised 10-20-15.)
 
20    (225 ILCS 106/115)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 115. Subpoena; depositions; oaths. The Department has
23the power to subpoena and to bring before it any person,
24exhibit, book, document, record, file, or any other material
25and to take testimony either orally or by deposition, or both,

 

 

HB5540 Engrossed- 825 -LRB099 16003 AMC 40320 b

1with the same fees and mileage and in the same manner as
2prescribed proscribed in civil cases in the courts of this
3State.
4    The Secretary, the designated hearing officer, and every
5member of the Board has the power to administer oaths to
6witnesses at any hearing which the Department is authorized to
7conduct, and any other oaths authorized in any Act administered
8by the Department.
9(Source: P.A. 99-230, eff. 8-3-15; revised 10-21-15.)
 
10    Section 360. The Perfusionist Practice Act is amended by
11changing Section 125 as follows:
 
12    (225 ILCS 125/125)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 125. Record of proceedings. The Department, at its
15expense, shall preserve a record of all proceedings at a formal
16hearing conducted pursuant to Section 120 of this Act. The
17notice of hearing, complaint, and all other documents in the
18nature of pleadings and written motions filed in the
19proceedings, the transcript of testimony, the report of the
20Board or hearing officer, and orders of the Department shall be
21the record of the proceeding. The Department shall supply a
22transcript of the record to a person interested in the hearing
23on payment of the fee required under Section 2105-115 of the
24Department of Professional Regulation Law Section 60f of the

 

 

HB5540 Engrossed- 826 -LRB099 16003 AMC 40320 b

1Civil Administrative Code of Illinois.
2(Source: P.A. 91-580, eff. 1-1-00; revised 10-16-15.)
 
3    Section 365. The Barber, Cosmetology, Esthetics, Hair
4Braiding, and Nail Technology Act of 1985 is amended by
5changing Section 2-4 as follows:
 
6    (225 ILCS 410/2-4)  (from Ch. 111, par. 1702-4)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 2-4. Licensure as a barber teacher; qualifications. A
9person is qualified to receive a license as a barber teacher if
10that person files an application on forms provided by the
11Department, pays the required fee, and:
12        a. Is at least 18 years of age;
13        b. Has graduated from high school or its equivalent;
14        c. Has a current license as a barber or cosmetologist;
15        d. Has graduated from a barber school or school of
16    cosmetology approved by the Department having:
17            (1) completed a total of 500 hours in barber
18        teacher training extending over a period of not less
19        than 3 months nor more than 2 years and has had 3 years
20        of practical experience as a licensed barber;
21            (2) completed a total of 1,000 hours of barber
22        teacher training extending over a period of not less
23        than 6 months nor more than 2 years; or
24            (3) completed the cosmetology teacher training as

 

 

HB5540 Engrossed- 827 -LRB099 16003 AMC 40320 b

1        specified in paragraph (4) of subsection (a) of Section
2        3-4 of this Act and completed a supplemental barbering
3        course as established by rule;
4        e. Has passed an examination authorized by the
5    Department to determine fitness to receive a license as a
6    barber teacher or a cosmetology teacher; and
7        f. Has met any other requirements set forth in this
8    Act.
9    An applicant who is issued a license as a barber teacher is
10not required to maintain a barber license in order to practice
11barbering as defined in this Act.
12(Source: P.A. 98-911, eff. 1-1-15; 99-78, eff. 7-20-15; 99-427,
13eff. 8-21-15; revised 10-19-15.)
 
14    Section 370. The Collection Agency Act is amended by
15changing Section 2.04 as follows:
 
16    (225 ILCS 425/2.04)  (from Ch. 111, par. 2005.1)
17    (Section scheduled to be repealed on January 1, 2026)
18    Sec. 2.04. Child support debt.
19    (a) Collection agencies engaged in the business of
20collecting child support debt owing under a court order as
21provided under the Illinois Public Aid Code, the Illinois
22Marriage and Dissolution of Marriage Act, the Non-Support
23Punishment Act, the Illinois Parentage Act of 1984, the
24Illinois Parentage Act of 2015, or similar laws of other states

 

 

HB5540 Engrossed- 828 -LRB099 16003 AMC 40320 b

1are not restricted (i) in the frequency of contact with an
2obligor who is in arrears, whether by phone, mail, or other
3means, (ii) from contacting the employer of an obligor who is
4in arrears, (iii) from publishing or threatening to publish a
5list of obligors in arrears, (iv) from disclosing or
6threatening to disclose an arrearage that the obligor disputes,
7but for which a verified notice of delinquency has been served
8under the Income Withholding for Support Act (or any of its
9predecessors, Section 10-16.2 of the Illinois Public Aid Code,
10Section 706.1 of the Illinois Marriage and Dissolution of
11Marriage Act, Section 22 of the Non-Support Punishment Act,
12Section 26.1 of the Revised Uniform Reciprocal Enforcement of
13Support Act, or Section 20 of the Illinois Parentage Act of
141984), or (v) from engaging in conduct that would not cause a
15reasonable person mental or physical illness. For purposes of
16this subsection, "obligor" means an individual who owes a duty
17to make periodic payments, under a court order, for the support
18of a child. "Arrearage" means the total amount of an obligor's
19unpaid child support obligations.
20    (a-5) A collection agency may not impose a fee or charge,
21including costs, for any child support payments collected
22through the efforts of a federal, State, or local government
23agency, including but not limited to child support collected
24from federal or State tax refunds, unemployment benefits, or
25Social Security benefits.
26    No collection agency that collects child support payments

 

 

HB5540 Engrossed- 829 -LRB099 16003 AMC 40320 b

1shall (i) impose a charge or fee, including costs, for
2collection of a current child support payment, (ii) fail to
3apply collections to current support as specified in the order
4for support before applying collection to arrears or other
5amounts, or (iii) designate a current child support payment as
6arrears or other amount owed. In all circumstances, the
7collection agency shall turn over to the obligee all support
8collected in a month up to the amount of current support
9required to be paid for that month.
10    As to any fees or charges, including costs, retained by the
11collection agency, that agency shall provide documentation to
12the obligee demonstrating that the child support payments
13resulted from the actions of the agency.
14    After collection of the total amount or arrearage,
15including statutory interest, due as of the date of execution
16of the collection contract, no further fees may be charged.
17    (a-10) The Department shall determine a fee rate of not
18less than 25% but not greater than 35%, based upon presentation
19by the licensees as to costs to provide the service and a fair
20rate of return. This rate shall be established by
21administrative rule.
22    Without prejudice to the determination by the Department of
23the appropriate rate through administrative rule, a collection
24agency shall impose a fee of not more than 29% of the amount of
25child support actually collected by the collection agency
26subject to the provisions of subsection (a-5). This interim

 

 

HB5540 Engrossed- 830 -LRB099 16003 AMC 40320 b

1rate is based upon the March 2002 General Account Office report
2"Child Support Enforcement", GAO-02-349. This rate shall apply
3until a fee rate is established by administrative rule.
4    (b) The Department shall adopt rules necessary to
5administer and enforce the provisions of this Section.
6(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; revised
710-21-15.)
 
8    Section 375. The Illinois Livestock Dealer Licensing Act is
9amended by changing Section 9 as follows:
 
10    (225 ILCS 645/9)  (from Ch. 111, par. 409)
11    Sec. 9. The Department may refuse to issue or renew or may
12suspend or revoke a license on any of the following grounds:
13        a. Material misstatement in the application for
14    original license or in the application for any renewal
15    license under this Act;
16        b. Wilful disregard or violation of this Act, or of any
17    other Act relative to the purchase and sale of livestock,
18    feeder swine or horses, or of any regulation or rule issued
19    pursuant thereto;
20        c. Wilfully aiding or abetting another in the violation
21    of this Act or of any regulation or rule issued pursuant
22    thereto;
23        d. Allowing one's license under this Act to be used by
24    an unlicensed person;

 

 

HB5540 Engrossed- 831 -LRB099 16003 AMC 40320 b

1        e. Conviction of any felony, if the Department
2    determines, after investigation, that such person has not
3    been sufficiently rehabilitated to warrant the public
4    trust;
5        f. Conviction of any crime an essential element of
6    which is misstatement, fraud or dishonesty;
7        g. Conviction of a violation of any law in Illinois or
8    any Departmental rule or regulation relating to livestock;
9        h. Making substantial misrepresentations or false
10    promises of a character likely to influence, persuade or
11    induce in connection with the livestock industry;
12        i. Pursuing a continued course of misrepresentation of
13    or making false promises through advertising, salesmen,
14    agents or otherwise in connection with the livestock
15    industry;
16        j. Failure to possess the necessary qualifications or
17    to meet the requirements of this Act for the issuance or
18    holding a license;
19        k. Failure to pay for livestock after purchase;
20        l. Issuance of checks for payment of livestock when
21    funds are insufficient;
22        m. Determination by a Department audit that the
23    licensee or applicant is insolvent;
24        n. Operating without adequate bond coverage or its
25    equivalent required for licensees; .
26        o. Failing to remit the assessment required in Section

 

 

HB5540 Engrossed- 832 -LRB099 16003 AMC 40320 b

1    9 of the Beef Market Development Act upon written complaint
2    of the Checkoff Division of the Illinois Beef Association
3    Board of Governors.
4    The Department may refuse to issue or may suspend the
5license of any person who fails to file a return, or to pay the
6tax, penalty or interest shown in a filed return, or to pay any
7final assessment of tax, penalty or interest, as required by
8any tax Act administered by the Illinois Department of Revenue,
9until such time as the requirements of any such tax Act are
10satisfied.
11(Source: P.A. 99-389, eff. 8-18-15; revised 10-20-15.)
 
12    Section 380. The Raffles and Poker Runs Act is amended by
13changing Section 1 as follows:
 
14    (230 ILCS 15/1)  (from Ch. 85, par. 2301)
15    Sec. 1. Definitions. For the purposes of this Act the terms
16defined in this Section have the meanings given them.
17    "Net proceeds" means the gross receipts from the conduct of
18raffles, less reasonable sums expended for prizes, local
19license fees and other reasonable operating expenses incurred
20as a result of operating a raffle or poker run.
21    "Key location" means the location where the poker run
22concludes and the prize or prizes are awarded.
23    "Poker run" means a prize-awarding event organized by an
24organization licensed under this Act in which participants

 

 

HB5540 Engrossed- 833 -LRB099 16003 AMC 40320 b

1travel to multiple predetermined locations, including a key
2location, to play a randomized game based on an element of
3chance. "Poker run" includes dice runs, marble runs, or other
4events where the objective is to build the best hand or highest
5score by obtaining an item or playing a randomized game at each
6location.
7    "Raffle" means a form of lottery, as defined in Section
828-2(b) of the Criminal Code of 2012, conducted by an
9organization licensed under this Act, in which:
10        (1) the player pays or agrees to pay something of value
11    for a chance, represented and differentiated by a number or
12    by a combination of numbers or by some other medium, one or
13    more of which chances is to be designated the winning
14    chance;
15        (2) the winning chance is to be determined through a
16    drawing or by some other method based on an element of
17    chance by an act or set of acts on the part of persons
18    conducting or connected with the lottery, except that the
19    winning chance shall not be determined by the outcome of a
20    publicly exhibited sporting contest.
21    "Raffle" does not include a savings promotion raffle
22authorized under Section 5g of the Illinois Banking Act,
23Section 7008 of the Savings Bank Act, Section 42.7 of the
24Illinois Credit Union Act, Section 5136B of the National Bank
25Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act
26(12 U.S.C. 1463).

 

 

HB5540 Engrossed- 834 -LRB099 16003 AMC 40320 b

1(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16;
299-405, eff. 8-19-15; revised 10-19-15.)
 
3    Section 385. The Bingo License and Tax Act is amended by
4changing Section 1.3 as follows:
 
5    (230 ILCS 25/1.3)
6    Sec. 1.3. Restrictions on licensure. Licensing for the
7conducting of bingo is subject to the following restrictions:
8        (1) The license application, when submitted to the
9    Department, must contain a sworn statement attesting to the
10    not-for-profit character of the prospective licensee
11    organization, signed by a person listed on the application
12    as an owner, officer, or other person in charge of the
13    necessary day-to-day operations of that organization.
14        (2) The license application shall be prepared in
15    accordance with the rules of the Department.
16        (3) The licensee shall prominently display the license
17    in the area where the licensee conducts bingo. The licensee
18    shall likewise display, in the form and manner as
19    prescribed by the Department, the provisions of Section 8
20    of this Act.
21        (4) Each license shall state the day of the week, hours
22    and at which location the licensee is permitted to conduct
23    bingo games.
24        (5) A license is not assignable or transferable.

 

 

HB5540 Engrossed- 835 -LRB099 16003 AMC 40320 b

1        (6) A license authorizes the licensee to conduct the
2    game commonly known as bingo, in which prizes are awarded
3    on the basis of designated numbers or symbols on a card
4    conforming to numbers or symbols selected at random.
5        (7) The Department may, on special application made by
6    any organization having a bingo license, issue a special
7    permit for conducting bingo on other days not exceeding 5
8    consecutive days, except that a licensee may conduct bingo
9    at the Illinois State Fair or any county fair held in
10    Illinois during each day that the fair is held, without a
11    fee. Bingo games conducted at the Illinois State Fair or a
12    county fair shall not require a special permit. No more
13    than 2 special permits may be issued in one year to any one
14    organization.
15        (8) Any organization qualified for a license but not
16    holding one may, upon application and payment of a
17    nonrefundable fee of $50, receive a limited license to
18    conduct bingo games at no more than 2 indoor or outdoor
19    festivals in a year for a maximum of 5 consecutive days on
20    each occasion. No more than 2 limited licenses under this
21    item (7) may be issued to any organization in any year. A
22    limited license must be prominently displayed at the site
23    where the bingo games are conducted.
24        (9) Senior citizens organizations and units of local
25    government may conduct bingo without a license or fee,
26    subject to the following conditions:

 

 

HB5540 Engrossed- 836 -LRB099 16003 AMC 40320 b

1            (A) bingo shall be conducted only (i) at a facility
2        that is owned by a unit of local government to which
3        the corporate authorities have given their approval
4        and that is used to provide social services or a
5        meeting place to senior citizens, (ii) in common areas
6        in multi-unit federally assisted rental housing
7        maintained solely for elderly persons and persons with
8        disabilities, or (iii) at a building owned by a church
9        or veterans organization;
10            (B) the price paid for a single card shall not
11        exceed 50 cents;
12            (C) the aggregate retail value of all prizes or
13        merchandise awarded in any one game of bingo shall not
14        exceed $10;
15            (D) no person or organization shall participate in
16        the management or operation of bingo under this item
17        (9) if the person or organization would be ineligible
18        for a license under this Section; and
19            (E) no license is required to provide premises for
20        bingo conducted under this item (9).
21        (10) Bingo equipment shall not be used for any purpose
22    other than for the play of bingo.
23(Source: P.A. 99-143, eff. 7-27-15; 99-177, eff. 7-29-15;
24revised 10-19-15.)
 
25    Section 390. The Liquor Control Act of 1934 is amended by

 

 

HB5540 Engrossed- 837 -LRB099 16003 AMC 40320 b

1setting forth and renumbering multiple versions of Section
21-3.40 and by changing Sections 5-1, 6-4, and 6-11 as follows:
 
3    (235 ILCS 5/1-3.40)
4    Sec. 1-3.40. Manufacturer class license holder.
5"Manufacturer class license holder" means any holder of a
6Manufacturer's license as provided in Section 5-1 of this Act.
7The Manufacturer's licenses are: a Class 1. Distiller, a Class
82. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine
9Manufacturer, a Class 5. Second Class Wine Manufacturer, a
10Class 6. First Class Winemaker, a Class 7. Second Class
11Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9.
12Craft Distiller, and a Class 10. Craft Brewer and any future
13Manufacturer's licenses established by law.
14(Source: P.A. 99-282, eff. 8-5-15.)
 
15    (235 ILCS 5/1-3.42)
16    Sec. 1-3.42 1-3.40. Class 2 brewer. "Class 2 brewer" means
17a person who is a holder of a brewer license or non-resident
18dealer license who manufactures up to 3,720,000 gallons of beer
19per year for sale to a licensed importing distributor or
20distributor.
21(Source: P.A. 99-448, eff. 8-24-15; revised 10-28-15.)
 
22    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
23    Sec. 5-1. Licenses issued by the Illinois Liquor Control

 

 

HB5540 Engrossed- 838 -LRB099 16003 AMC 40320 b

1Commission shall be of the following classes:
2    (a) Manufacturer's license - Class 1. Distiller, Class 2.
3Rectifier, Class 3. Brewer, Class 4. First Class Wine
4Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
5First Class Winemaker, Class 7. Second Class Winemaker, Class
68. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
710. Class 1 Brewer, Class 11. Class 2 Brewer,
8    (b) Distributor's license,
9    (c) Importing Distributor's license,
10    (d) Retailer's license,
11    (e) Special Event Retailer's license (not-for-profit),
12    (f) Railroad license,
13    (g) Boat license,
14    (h) Non-Beverage User's license,
15    (i) Wine-maker's premises license,
16    (j) Airplane license,
17    (k) Foreign importer's license,
18    (l) Broker's license,
19    (m) Non-resident dealer's license,
20    (n) Brew Pub license,
21    (o) Auction liquor license,
22    (p) Caterer retailer license,
23    (q) Special use permit license,
24    (r) Winery shipper's license.
25    No person, firm, partnership, corporation, or other legal
26business entity that is engaged in the manufacturing of wine

 

 

HB5540 Engrossed- 839 -LRB099 16003 AMC 40320 b

1may concurrently obtain and hold a wine-maker's license and a
2wine manufacturer's license.
3    (a) A manufacturer's license shall allow the manufacture,
4importation in bulk, storage, distribution and sale of
5alcoholic liquor to persons without the State, as may be
6permitted by law and to licensees in this State as follows:
7    Class 1. A Distiller may make sales and deliveries of
8alcoholic liquor to distillers, rectifiers, importing
9distributors, distributors and non-beverage users and to no
10other licensees.
11    Class 2. A Rectifier, who is not a distiller, as defined
12herein, may make sales and deliveries of alcoholic liquor to
13rectifiers, importing distributors, distributors, retailers
14and non-beverage users and to no other licensees.
15    Class 3. A Brewer may make sales and deliveries of beer to
16importing distributors and distributors and may make sales as
17authorized under subsection (e) of Section 6-4 of this Act.
18    Class 4. A first class wine-manufacturer may make sales and
19deliveries of up to 50,000 gallons of wine to manufacturers,
20importing distributors and distributors, and to no other
21licensees.
22    Class 5. A second class Wine manufacturer may make sales
23and deliveries of more than 50,000 gallons of wine to
24manufacturers, importing distributors and distributors and to
25no other licensees.
26    Class 6. A first-class wine-maker's license shall allow the

 

 

HB5540 Engrossed- 840 -LRB099 16003 AMC 40320 b

1manufacture of up to 50,000 gallons of wine per year, and the
2storage and sale of such wine to distributors in the State and
3to persons without the State, as may be permitted by law. A
4person who, prior to June 1, 2008 (the effective date of Public
5Act 95-634) this amendatory Act of the 95th General Assembly,
6is a holder of a first-class wine-maker's license and annually
7produces more than 25,000 gallons of its own wine and who
8distributes its wine to licensed retailers shall cease this
9practice on or before July 1, 2008 in compliance with Public
10Act 95-634 this amendatory Act of the 95th General Assembly.
11    Class 7. A second-class wine-maker's license shall allow
12the manufacture of between 50,000 and 150,000 gallons of wine
13per year, and the storage and sale of such wine to distributors
14in this State and to persons without the State, as may be
15permitted by law. A person who, prior to June 1, 2008 (the
16effective date of Public Act 95-634) this amendatory Act of the
1795th General Assembly, is a holder of a second-class
18wine-maker's license and annually produces more than 25,000
19gallons of its own wine and who distributes its wine to
20licensed retailers shall cease this practice on or before July
211, 2008 in compliance with Public Act 95-634 this amendatory
22Act of the 95th General Assembly.
23    Class 8. A limited wine-manufacturer may make sales and
24deliveries not to exceed 40,000 gallons of wine per year to
25distributors, and to non-licensees in accordance with the
26provisions of this Act.

 

 

HB5540 Engrossed- 841 -LRB099 16003 AMC 40320 b

1    Class 9. A craft distiller license shall allow the
2manufacture of up to 30,000 gallons of spirits by distillation
3for one year after March 1, 2013 (the effective date of Public
4Act 97-1166) this amendatory Act of the 97th General Assembly
5and up to 35,000 gallons of spirits by distillation per year
6thereafter and the storage of such spirits. If a craft
7distiller licensee is not affiliated with any other
8manufacturer, then the craft distiller licensee may sell such
9spirits to distributors in this State and up to 2,500 gallons
10of such spirits to non-licensees to the extent permitted by any
11exemption approved by the Commission pursuant to Section 6-4 of
12this Act.
13    Any craft distiller licensed under this Act who on July 28,
142010 (the effective date of Public Act 96-1367) this amendatory
15Act of the 96th General Assembly was licensed as a distiller
16and manufactured no more spirits than permitted by this Section
17shall not be required to pay the initial licensing fee.
18    Class 10. A class 1 brewer license, which may only be
19issued to a licensed brewer or licensed non-resident dealer,
20shall allow the manufacture of up to 930,000 gallons of beer
21per year provided that the class 1 brewer licensee does not
22manufacture more than a combined 930,000 gallons of beer per
23year and is not a member of or affiliated with, directly or
24indirectly, a manufacturer that produces more than 930,000
25gallons of beer per year or any other alcoholic liquor. A class
261 brewer licensee may make sales and deliveries to importing

 

 

HB5540 Engrossed- 842 -LRB099 16003 AMC 40320 b

1distributors and distributors and to retail licensees in
2accordance with the conditions set forth in paragraph (18) of
3subsection (a) of Section 3-12 of this Act.
4    Class 11. A class 2 brewer license, which may only be
5issued to a licensed brewer or licensed non-resident dealer,
6shall allow the manufacture of up to 3,720,000 gallons of beer
7per year provided that the class 2 brewer licensee does not
8manufacture more than a combined 3,720,000 gallons of beer per
9year and is not a member of or affiliated with, directly or
10indirectly, a manufacturer that produces more than 3,720,000
11gallons of beer per year or any other alcoholic liquor. A class
122 brewer licensee may make sales and deliveries to importing
13distributors and distributors, but shall not make sales or
14deliveries to any other licensee. If the State Commission
15provides prior approval, a class 2 brewer licensee may annually
16transfer up to 3,720,000 gallons of beer manufactured by that
17class 2 brewer licensee to the premises of a licensed class 2
18brewer wholly owned and operated by the same licensee.
19    (a-1) A manufacturer which is licensed in this State to
20make sales or deliveries of alcoholic liquor to licensed
21distributors or importing distributors and which enlists
22agents, representatives, or individuals acting on its behalf
23who contact licensed retailers on a regular and continual basis
24in this State must register those agents, representatives, or
25persons acting on its behalf with the State Commission.
26    Registration of agents, representatives, or persons acting

 

 

HB5540 Engrossed- 843 -LRB099 16003 AMC 40320 b

1on behalf of a manufacturer is fulfilled by submitting a form
2to the Commission. The form shall be developed by the
3Commission and shall include the name and address of the
4applicant, the name and address of the manufacturer he or she
5represents, the territory or areas assigned to sell to or
6discuss pricing terms of alcoholic liquor, and any other
7questions deemed appropriate and necessary. All statements in
8the forms required to be made by law or by rule shall be deemed
9material, and any person who knowingly misstates any material
10fact under oath in an application is guilty of a Class B
11misdemeanor. Fraud, misrepresentation, false statements,
12misleading statements, evasions, or suppression of material
13facts in the securing of a registration are grounds for
14suspension or revocation of the registration. The State
15Commission shall post a list of registered agents on the
16Commission's website.
17    (b) A distributor's license shall allow the wholesale
18purchase and storage of alcoholic liquors and sale of alcoholic
19liquors to licensees in this State and to persons without the
20State, as may be permitted by law.
21    (c) An importing distributor's license may be issued to and
22held by those only who are duly licensed distributors, upon the
23filing of an application by a duly licensed distributor, with
24the Commission and the Commission shall, without the payment of
25any fee, immediately issue such importing distributor's
26license to the applicant, which shall allow the importation of

 

 

HB5540 Engrossed- 844 -LRB099 16003 AMC 40320 b

1alcoholic liquor by the licensee into this State from any point
2in the United States outside this State, and the purchase of
3alcoholic liquor in barrels, casks or other bulk containers and
4the bottling of such alcoholic liquors before resale thereof,
5but all bottles or containers so filled shall be sealed,
6labeled, stamped and otherwise made to comply with all
7provisions, rules and regulations governing manufacturers in
8the preparation and bottling of alcoholic liquors. The
9importing distributor's license shall permit such licensee to
10purchase alcoholic liquor from Illinois licensed non-resident
11dealers and foreign importers only.
12    (d) A retailer's license shall allow the licensee to sell
13and offer for sale at retail, only in the premises specified in
14the license, alcoholic liquor for use or consumption, but not
15for resale in any form. Nothing in Public Act 95-634 this
16amendatory Act of the 95th General Assembly shall deny, limit,
17remove, or restrict the ability of a holder of a retailer's
18license to transfer, deliver, or ship alcoholic liquor to the
19purchaser for use or consumption subject to any applicable
20local law or ordinance. Any retail license issued to a
21manufacturer shall only permit the manufacturer to sell beer at
22retail on the premises actually occupied by the manufacturer.
23For the purpose of further describing the type of business
24conducted at a retail licensed premises, a retailer's licensee
25may be designated by the State Commission as (i) an on premise
26consumption retailer, (ii) an off premise sale retailer, or

 

 

HB5540 Engrossed- 845 -LRB099 16003 AMC 40320 b

1(iii) a combined on premise consumption and off premise sale
2retailer.
3    Notwithstanding any other provision of this subsection
4(d), a retail licensee may sell alcoholic liquors to a special
5event retailer licensee for resale to the extent permitted
6under subsection (e).
7    (e) A special event retailer's license (not-for-profit)
8shall permit the licensee to purchase alcoholic liquors from an
9Illinois licensed distributor (unless the licensee purchases
10less than $500 of alcoholic liquors for the special event, in
11which case the licensee may purchase the alcoholic liquors from
12a licensed retailer) and shall allow the licensee to sell and
13offer for sale, at retail, alcoholic liquors for use or
14consumption, but not for resale in any form and only at the
15location and on the specific dates designated for the special
16event in the license. An applicant for a special event retailer
17license must (i) furnish with the application: (A) a resale
18number issued under Section 2c of the Retailers' Occupation Tax
19Act or evidence that the applicant is registered under Section
202a of the Retailers' Occupation Tax Act, (B) a current, valid
21exemption identification number issued under Section 1g of the
22Retailers' Occupation Tax Act, and a certification to the
23Commission that the purchase of alcoholic liquors will be a
24tax-exempt purchase, or (C) a statement that the applicant is
25not registered under Section 2a of the Retailers' Occupation
26Tax Act, does not hold a resale number under Section 2c of the

 

 

HB5540 Engrossed- 846 -LRB099 16003 AMC 40320 b

1Retailers' Occupation Tax Act, and does not hold an exemption
2number under Section 1g of the Retailers' Occupation Tax Act,
3in which event the Commission shall set forth on the special
4event retailer's license a statement to that effect; (ii)
5submit with the application proof satisfactory to the State
6Commission that the applicant will provide dram shop liability
7insurance in the maximum limits; and (iii) show proof
8satisfactory to the State Commission that the applicant has
9obtained local authority approval.
10    (f) A railroad license shall permit the licensee to import
11alcoholic liquors into this State from any point in the United
12States outside this State and to store such alcoholic liquors
13in this State; to make wholesale purchases of alcoholic liquors
14directly from manufacturers, foreign importers, distributors
15and importing distributors from within or outside this State;
16and to store such alcoholic liquors in this State; provided
17that the above powers may be exercised only in connection with
18the importation, purchase or storage of alcoholic liquors to be
19sold or dispensed on a club, buffet, lounge or dining car
20operated on an electric, gas or steam railway in this State;
21and provided further, that railroad licensees exercising the
22above powers shall be subject to all provisions of Article VIII
23of this Act as applied to importing distributors. A railroad
24license shall also permit the licensee to sell or dispense
25alcoholic liquors on any club, buffet, lounge or dining car
26operated on an electric, gas or steam railway regularly

 

 

HB5540 Engrossed- 847 -LRB099 16003 AMC 40320 b

1operated by a common carrier in this State, but shall not
2permit the sale for resale of any alcoholic liquors to any
3licensee within this State. A license shall be obtained for
4each car in which such sales are made.
5    (g) A boat license shall allow the sale of alcoholic liquor
6in individual drinks, on any passenger boat regularly operated
7as a common carrier on navigable waters in this State or on any
8riverboat operated under the Riverboat Gambling Act, which boat
9or riverboat maintains a public dining room or restaurant
10thereon.
11    (h) A non-beverage user's license shall allow the licensee
12to purchase alcoholic liquor from a licensed manufacturer or
13importing distributor, without the imposition of any tax upon
14the business of such licensed manufacturer or importing
15distributor as to such alcoholic liquor to be used by such
16licensee solely for the non-beverage purposes set forth in
17subsection (a) of Section 8-1 of this Act, and such licenses
18shall be divided and classified and shall permit the purchase,
19possession and use of limited and stated quantities of
20alcoholic liquor as follows:
21Class 1, not to exceed ......................... 500 gallons
22Class 2, not to exceed ....................... 1,000 gallons
23Class 3, not to exceed ....................... 5,000 gallons
24Class 4, not to exceed ...................... 10,000 gallons
25Class 5, not to exceed ....................... 50,000 gallons
26    (i) A wine-maker's premises license shall allow a licensee

 

 

HB5540 Engrossed- 848 -LRB099 16003 AMC 40320 b

1that concurrently holds a first-class wine-maker's license to
2sell and offer for sale at retail in the premises specified in
3such license not more than 50,000 gallons of the first-class
4wine-maker's wine that is made at the first-class wine-maker's
5licensed premises per year for use or consumption, but not for
6resale in any form. A wine-maker's premises license shall allow
7a licensee who concurrently holds a second-class wine-maker's
8license to sell and offer for sale at retail in the premises
9specified in such license up to 100,000 gallons of the
10second-class wine-maker's wine that is made at the second-class
11wine-maker's licensed premises per year for use or consumption
12but not for resale in any form. A wine-maker's premises license
13shall allow a licensee that concurrently holds a first-class
14wine-maker's license or a second-class wine-maker's license to
15sell and offer for sale at retail at the premises specified in
16the wine-maker's premises license, for use or consumption but
17not for resale in any form, any beer, wine, and spirits
18purchased from a licensed distributor. Upon approval from the
19State Commission, a wine-maker's premises license shall allow
20the licensee to sell and offer for sale at (i) the wine-maker's
21licensed premises and (ii) at up to 2 additional locations for
22use and consumption and not for resale. Each location shall
23require additional licensing per location as specified in
24Section 5-3 of this Act. A wine-maker's premises licensee shall
25secure liquor liability insurance coverage in an amount at
26least equal to the maximum liability amounts set forth in

 

 

HB5540 Engrossed- 849 -LRB099 16003 AMC 40320 b

1subsection (a) of Section 6-21 of this Act.
2    (j) An airplane license shall permit the licensee to import
3alcoholic liquors into this State from any point in the United
4States outside this State and to store such alcoholic liquors
5in this State; to make wholesale purchases of alcoholic liquors
6directly from manufacturers, foreign importers, distributors
7and importing distributors from within or outside this State;
8and to store such alcoholic liquors in this State; provided
9that the above powers may be exercised only in connection with
10the importation, purchase or storage of alcoholic liquors to be
11sold or dispensed on an airplane; and provided further, that
12airplane licensees exercising the above powers shall be subject
13to all provisions of Article VIII of this Act as applied to
14importing distributors. An airplane licensee shall also permit
15the sale or dispensing of alcoholic liquors on any passenger
16airplane regularly operated by a common carrier in this State,
17but shall not permit the sale for resale of any alcoholic
18liquors to any licensee within this State. A single airplane
19license shall be required of an airline company if liquor
20service is provided on board aircraft in this State. The annual
21fee for such license shall be as determined in Section 5-3.
22    (k) A foreign importer's license shall permit such licensee
23to purchase alcoholic liquor from Illinois licensed
24non-resident dealers only, and to import alcoholic liquor other
25than in bulk from any point outside the United States and to
26sell such alcoholic liquor to Illinois licensed importing

 

 

HB5540 Engrossed- 850 -LRB099 16003 AMC 40320 b

1distributors and to no one else in Illinois; provided that (i)
2the foreign importer registers with the State Commission every
3brand of alcoholic liquor that it proposes to sell to Illinois
4licensees during the license period, (ii) the foreign importer
5complies with all of the provisions of Section 6-9 of this Act
6with respect to registration of such Illinois licensees as may
7be granted the right to sell such brands at wholesale, and
8(iii) the foreign importer complies with the provisions of
9Sections 6-5 and 6-6 of this Act to the same extent that these
10provisions apply to manufacturers.
11    (l) (i) A broker's license shall be required of all persons
12who solicit orders for, offer to sell or offer to supply
13alcoholic liquor to retailers in the State of Illinois, or who
14offer to retailers to ship or cause to be shipped or to make
15contact with distillers, rectifiers, brewers or manufacturers
16or any other party within or without the State of Illinois in
17order that alcoholic liquors be shipped to a distributor,
18importing distributor or foreign importer, whether such
19solicitation or offer is consummated within or without the
20State of Illinois.
21    No holder of a retailer's license issued by the Illinois
22Liquor Control Commission shall purchase or receive any
23alcoholic liquor, the order for which was solicited or offered
24for sale to such retailer by a broker unless the broker is the
25holder of a valid broker's license.
26    The broker shall, upon the acceptance by a retailer of the

 

 

HB5540 Engrossed- 851 -LRB099 16003 AMC 40320 b

1broker's solicitation of an order or offer to sell or supply or
2deliver or have delivered alcoholic liquors, promptly forward
3to the Illinois Liquor Control Commission a notification of
4said transaction in such form as the Commission may by
5regulations prescribe.
6    (ii) A broker's license shall be required of a person
7within this State, other than a retail licensee, who, for a fee
8or commission, promotes, solicits, or accepts orders for
9alcoholic liquor, for use or consumption and not for resale, to
10be shipped from this State and delivered to residents outside
11of this State by an express company, common carrier, or
12contract carrier. This Section does not apply to any person who
13promotes, solicits, or accepts orders for wine as specifically
14authorized in Section 6-29 of this Act.
15    A broker's license under this subsection (l) shall not
16entitle the holder to buy or sell any alcoholic liquors for his
17own account or to take or deliver title to such alcoholic
18liquors.
19    This subsection (l) shall not apply to distributors,
20employees of distributors, or employees of a manufacturer who
21has registered the trademark, brand or name of the alcoholic
22liquor pursuant to Section 6-9 of this Act, and who regularly
23sells such alcoholic liquor in the State of Illinois only to
24its registrants thereunder.
25    Any agent, representative, or person subject to
26registration pursuant to subsection (a-1) of this Section shall

 

 

HB5540 Engrossed- 852 -LRB099 16003 AMC 40320 b

1not be eligible to receive a broker's license.
2    (m) A non-resident dealer's license shall permit such
3licensee to ship into and warehouse alcoholic liquor into this
4State from any point outside of this State, and to sell such
5alcoholic liquor to Illinois licensed foreign importers and
6importing distributors and to no one else in this State;
7provided that (i) said non-resident dealer shall register with
8the Illinois Liquor Control Commission each and every brand of
9alcoholic liquor which it proposes to sell to Illinois
10licensees during the license period, (ii) it shall comply with
11all of the provisions of Section 6-9 hereof with respect to
12registration of such Illinois licensees as may be granted the
13right to sell such brands at wholesale, and (iii) the
14non-resident dealer shall comply with the provisions of
15Sections 6-5 and 6-6 of this Act to the same extent that these
16provisions apply to manufacturers.
17    (n) A brew pub license shall allow the licensee to only (i)
18manufacture up to 155,000 gallons of beer per year only on the
19premises specified in the license, (ii) make sales of the beer
20manufactured on the premises or, with the approval of the
21Commission, beer manufactured on another brew pub licensed
22premises that is wholly owned and operated by the same licensee
23to importing distributors, distributors, and to non-licensees
24for use and consumption, (iii) store the beer upon the
25premises, (iv) sell and offer for sale at retail from the
26licensed premises for off-premises consumption no more than

 

 

HB5540 Engrossed- 853 -LRB099 16003 AMC 40320 b

1155,000 gallons per year so long as such sales are only made
2in-person, (v) sell and offer for sale at retail for use and
3consumption on the premises specified in the license any form
4of alcoholic liquor purchased from a licensed distributor or
5importing distributor, and (vi) with the prior approval of the
6Commission, annually transfer no more than 155,000 gallons of
7beer manufactured on the premises to a licensed brew pub wholly
8owned and operated by the same licensee.
9    A brew pub licensee shall not under any circumstance sell
10or offer for sale beer manufactured by the brew pub licensee to
11retail licensees.
12    A person who holds a class 2 brewer license may
13simultaneously hold a brew pub license if the class 2 brewer
14(i) does not, under any circumstance, sell or offer for sale
15beer manufactured by the class 2 brewer to retail licensees;
16(ii) does not hold more than 3 brew pub licenses in this State;
17(iii) does not manufacture more than a combined 3,720,000
18gallons of beer per year, including the beer manufactured at
19the brew pub; and (iv) is not a member of or affiliated with,
20directly or indirectly, a manufacturer that produces more than
213,720,000 gallons of beer per year or any other alcoholic
22liquor.
23    Notwithstanding any other provision of this Act, a licensed
24brewer, class 2 brewer, or non-resident dealer who before July
251, 2015 manufactured less than than 3,720,000 gallons of beer
26per year and held a brew pub license on or before July 1, 2015

 

 

HB5540 Engrossed- 854 -LRB099 16003 AMC 40320 b

1may (i) continue to qualify for and hold that brew pub license
2for the licensed premises and (ii) manufacture more than
33,720,000 gallons of beer per year and continue to qualify for
4and hold that brew pub license if that brewer, class 2 brewer,
5or non-resident dealer does not simultaneously hold a class 1
6brewer license and is not a member of or affiliated with,
7directly or indirectly, a manufacturer that produces more than
83,720,000 gallons of beer per year or that produces any other
9alcoholic liquor.
10    (o) A caterer retailer license shall allow the holder to
11serve alcoholic liquors as an incidental part of a food service
12that serves prepared meals which excludes the serving of snacks
13as the primary meal, either on or off-site whether licensed or
14unlicensed.
15    (p) An auction liquor license shall allow the licensee to
16sell and offer for sale at auction wine and spirits for use or
17consumption, or for resale by an Illinois liquor licensee in
18accordance with provisions of this Act. An auction liquor
19license will be issued to a person and it will permit the
20auction liquor licensee to hold the auction anywhere in the
21State. An auction liquor license must be obtained for each
22auction at least 14 days in advance of the auction date.
23    (q) A special use permit license shall allow an Illinois
24licensed retailer to transfer a portion of its alcoholic liquor
25inventory from its retail licensed premises to the premises
26specified in the license hereby created, and to sell or offer

 

 

HB5540 Engrossed- 855 -LRB099 16003 AMC 40320 b

1for sale at retail, only in the premises specified in the
2license hereby created, the transferred alcoholic liquor for
3use or consumption, but not for resale in any form. A special
4use permit license may be granted for the following time
5periods: one day or less; 2 or more days to a maximum of 15 days
6per location in any 12 month period. An applicant for the
7special use permit license must also submit with the
8application proof satisfactory to the State Commission that the
9applicant will provide dram shop liability insurance to the
10maximum limits and have local authority approval.
11    (r) A winery shipper's license shall allow a person with a
12first-class or second-class wine manufacturer's license, a
13first-class or second-class wine-maker's license, or a limited
14wine manufacturer's license or who is licensed to make wine
15under the laws of another state to ship wine made by that
16licensee directly to a resident of this State who is 21 years
17of age or older for that resident's personal use and not for
18resale. Prior to receiving a winery shipper's license, an
19applicant for the license must provide the Commission with a
20true copy of its current license in any state in which it is
21licensed as a manufacturer of wine. An applicant for a winery
22shipper's license must also complete an application form that
23provides any other information the Commission deems necessary.
24The application form shall include an acknowledgement
25consenting to the jurisdiction of the Commission, the Illinois
26Department of Revenue, and the courts of this State concerning

 

 

HB5540 Engrossed- 856 -LRB099 16003 AMC 40320 b

1the enforcement of this Act and any related laws, rules, and
2regulations, including authorizing the Department of Revenue
3and the Commission to conduct audits for the purpose of
4ensuring compliance with Public Act 95-634 this amendatory Act.
5    A winery shipper licensee must pay to the Department of
6Revenue the State liquor gallonage tax under Section 8-1 for
7all wine that is sold by the licensee and shipped to a person
8in this State. For the purposes of Section 8-1, a winery
9shipper licensee shall be taxed in the same manner as a
10manufacturer of wine. A licensee who is not otherwise required
11to register under the Retailers' Occupation Tax Act must
12register under the Use Tax Act to collect and remit use tax to
13the Department of Revenue for all gallons of wine that are sold
14by the licensee and shipped to persons in this State. If a
15licensee fails to remit the tax imposed under this Act in
16accordance with the provisions of Article VIII of this Act, the
17winery shipper's license shall be revoked in accordance with
18the provisions of Article VII of this Act. If a licensee fails
19to properly register and remit tax under the Use Tax Act or the
20Retailers' Occupation Tax Act for all wine that is sold by the
21winery shipper and shipped to persons in this State, the winery
22shipper's license shall be revoked in accordance with the
23provisions of Article VII of this Act.
24    A winery shipper licensee must collect, maintain, and
25submit to the Commission on a semi-annual basis the total
26number of cases per resident of wine shipped to residents of

 

 

HB5540 Engrossed- 857 -LRB099 16003 AMC 40320 b

1this State. A winery shipper licensed under this subsection (r)
2must comply with the requirements of Section 6-29 of this
3amendatory Act.
4    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
5Section 3-12, the State Commission may receive, respond to, and
6investigate any complaint and impose any of the remedies
7specified in paragraph (1) of subsection (a) of Section 3-12.
8(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
998-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
 
10    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
11    Sec. 6-4. (a) No person licensed by any licensing authority
12as a distiller, or a wine manufacturer, or any subsidiary or
13affiliate thereof, or any officer, associate, member, partner,
14representative, employee, agent or shareholder owning more
15than 5% of the outstanding shares of such person shall be
16issued an importing distributor's or distributor's license,
17nor shall any person licensed by any licensing authority as an
18importing distributor, distributor or retailer, or any
19subsidiary or affiliate thereof, or any officer or associate,
20member, partner, representative, employee, agent or
21shareholder owning more than 5% of the outstanding shares of
22such person be issued a distiller's license or a wine
23manufacturer's license; and no person or persons licensed as a
24distiller by any licensing authority shall have any interest,
25directly or indirectly, with such distributor or importing

 

 

HB5540 Engrossed- 858 -LRB099 16003 AMC 40320 b

1distributor.
2    However, an importing distributor or distributor, which on
3January 1, 1985 is owned by a brewer, or any subsidiary or
4affiliate thereof or any officer, associate, member, partner,
5representative, employee, agent or shareholder owning more
6than 5% of the outstanding shares of the importing distributor
7or distributor referred to in this paragraph, may own or
8acquire an ownership interest of more than 5% of the
9outstanding shares of a wine manufacturer and be issued a wine
10manufacturer's license by any licensing authority.
11    (b) The foregoing provisions shall not apply to any person
12licensed by any licensing authority as a distiller or wine
13manufacturer, or to any subsidiary or affiliate of any
14distiller or wine manufacturer who shall have been heretofore
15licensed by the State Commission as either an importing
16distributor or distributor during the annual licensing period
17expiring June 30, 1947, and shall actually have made sales
18regularly to retailers.
19    (c) Provided, however, that in such instances where a
20distributor's or importing distributor's license has been
21issued to any distiller or wine manufacturer or to any
22subsidiary or affiliate of any distiller or wine manufacturer
23who has, during the licensing period ending June 30, 1947, sold
24or distributed as such licensed distributor or importing
25distributor alcoholic liquors and wines to retailers, such
26distiller or wine manufacturer or any subsidiary or affiliate

 

 

HB5540 Engrossed- 859 -LRB099 16003 AMC 40320 b

1of any distiller or wine manufacturer holding such
2distributor's or importing distributor's license may continue
3to sell or distribute to retailers such alcoholic liquors and
4wines which are manufactured, distilled, processed or marketed
5by distillers and wine manufacturers whose products it sold or
6distributed to retailers during the whole or any part of its
7licensing periods; and such additional brands and additional
8products may be added to the line of such distributor or
9importing distributor, provided, that such brands and such
10products were not sold or distributed by any distributor or
11importing distributor licensed by the State Commission during
12the licensing period ending June 30, 1947, but can not sell or
13distribute to retailers any other alcoholic liquors or wines.
14    (d) It shall be unlawful for any distiller licensed
15anywhere to have any stock ownership or interest in any
16distributor's or importing distributor's license wherein any
17other person has an interest therein who is not a distiller and
18does not own more than 5% of any stock in any distillery.
19Nothing herein contained shall apply to such distillers or
20their subsidiaries or affiliates, who had a distributor's or
21importing distributor's license during the licensing period
22ending June 30, 1947, which license was owned in whole by such
23distiller, or subsidiaries or affiliates of such distiller.
24    (e) Any person licensed as a brewer, class 1 brewer, or
25class 2 brewer shall be permitted to sell on the licensed
26premises to non-licensees for on or off-premises consumption

 

 

HB5540 Engrossed- 860 -LRB099 16003 AMC 40320 b

1for the premises in which he or she actually conducts such
2business beer manufactured by the brewer, class 1 brewer, or
3class 2 brewer. Such sales shall be limited to on-premises,
4in-person sales only, for lawful consumption on or off
5premises. Such authorization shall be considered a privilege
6granted by the brewer license and, other than a manufacturer of
7beer as stated above, no manufacturer or distributor or
8importing distributor, excluding airplane licensees exercising
9powers provided in paragraph (i) of Section 5-1 of this Act, or
10any subsidiary or affiliate thereof, or any officer, associate,
11member, partner, representative, employee or agent, or
12shareholder shall be issued a retailer's license, nor shall any
13person having a retailer's license, excluding airplane
14licensees exercising powers provided in paragraph (i) of
15Section 5-1 of this Act, or any subsidiary or affiliate
16thereof, or any officer, associate, member, partner,
17representative or agent, or shareholder be issued a
18manufacturer's license or importing distributor's license.
19    A person who holds a class 1 or class 2 brewer license and
20is authorized by this Section to sell beer to non-licensees
21shall not sell beer to non-licensees from more than 3 total
22brewer or commonly owned brew pub licensed locations in this
23State. The class 1 or class 2 brewer shall designate to the
24State Commission the brewer or brew pub locations from which it
25will sell beer to non-licensees.
26    A person licensed as a craft distiller not affiliated with

 

 

HB5540 Engrossed- 861 -LRB099 16003 AMC 40320 b

1any other person manufacturing spirits may be authorized by the
2Commission to sell up to 2,500 gallons of spirits produced by
3the person to non-licensees for on or off-premises consumption
4for the premises in which he or she actually conducts business
5permitting only the retail sale of spirits manufactured at such
6premises. Such sales shall be limited to on-premises, in-person
7sales only, for lawful consumption on or off premises, and such
8authorization shall be considered a privilege granted by the
9craft distiller license. A craft distiller licensed for retail
10sale shall secure liquor liability insurance coverage in an
11amount at least equal to the maximum liability amounts set
12forth in subsection (a) of Section 6-21 of this Act.
13    (f) (Blank).
14    (g) Notwithstanding any of the foregoing prohibitions, a
15limited wine manufacturer may sell at retail at its
16manufacturing site for on or off premises consumption and may
17sell to distributors. A limited wine manufacturer licensee
18shall secure liquor liability insurance coverage in an amount
19at least equal to the maximum liability amounts set forth in
20subsection (a) of Section 6-21 of this Act.
21    (h) The changes made to this Section by Public Act 99-47
22this amendatory Act of the 99th General Assembly shall not
23diminish or impair the rights of any person, whether a
24distiller, wine manufacturer, agent, or affiliate thereof, who
25requested in writing and submitted documentation to the State
26Commission on or before February 18, 2015 to be approved for a

 

 

HB5540 Engrossed- 862 -LRB099 16003 AMC 40320 b

1retail license pursuant to what has heretofore been subsection
2(f); provided that, on or before that date, the State
3Commission considered the intent of that person to apply for
4the retail license under that subsection and, by recorded vote,
5the State Commission approved a resolution indicating that such
6a license application could be lawfully approved upon that
7person duly filing a formal application for a retail license
8and if that person, within 90 days of the State Commission
9appearance and recorded vote, first filed an application with
10the appropriate local commission, which application was
11subsequently approved by the appropriate local commission
12prior to consideration by the State Commission of that person's
13application for a retail license. It is further provided that
14the State Commission may approve the person's application for a
15retail license or renewals of such license if such person
16continues to diligently adhere to all representations made in
17writing to the State Commission on or before February 18, 2015,
18or thereafter, or in the affidavit filed by that person with
19the State Commission to support the issuance of a retail
20license and to abide by all applicable laws and duly adopted
21rules.
22(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
23revised 10-30-15.)
 
24    (235 ILCS 5/6-11)
25    Sec. 6-11. Sale near churches, schools, and hospitals.

 

 

HB5540 Engrossed- 863 -LRB099 16003 AMC 40320 b

1    (a) No license shall be issued for the sale at retail of
2any alcoholic liquor within 100 feet of any church, school
3other than an institution of higher learning, hospital, home
4for aged or indigent persons or for veterans, their spouses or
5children or any military or naval station, provided, that this
6prohibition shall not apply to hotels offering restaurant
7service, regularly organized clubs, or to restaurants, food
8shops or other places where sale of alcoholic liquors is not
9the principal business carried on if the place of business so
10exempted is not located in a municipality of more than 500,000
11persons, unless required by local ordinance; nor to the renewal
12of a license for the sale at retail of alcoholic liquor on
13premises within 100 feet of any church or school where the
14church or school has been established within such 100 feet
15since the issuance of the original license. In the case of a
16church, the distance of 100 feet shall be measured to the
17nearest part of any building used for worship services or
18educational programs and not to property boundaries.
19    (b) Nothing in this Section shall prohibit the issuance of
20a retail license authorizing the sale of alcoholic liquor to a
21restaurant, the primary business of which is the sale of goods
22baked on the premises if (i) the restaurant is newly
23constructed and located on a lot of not less than 10,000 square
24feet, (ii) the restaurant costs at least $1,000,000 to
25construct, (iii) the licensee is the titleholder to the
26premises and resides on the premises, and (iv) the construction

 

 

HB5540 Engrossed- 864 -LRB099 16003 AMC 40320 b

1of the restaurant is completed within 18 months of July 10,
21998 (the effective date of Public Act 90-617) this amendatory
3Act of 1998.
4    (c) Nothing in this Section shall prohibit the issuance of
5a retail license authorizing the sale of alcoholic liquor
6incidental to a restaurant if (1) the primary business of the
7restaurant consists of the sale of food where the sale of
8liquor is incidental to the sale of food and the applicant is a
9completely new owner of the restaurant, (2) the immediately
10prior owner or operator of the premises where the restaurant is
11located operated the premises as a restaurant and held a valid
12retail license authorizing the sale of alcoholic liquor at the
13restaurant for at least part of the 24 months before the change
14of ownership, and (3) the restaurant is located 75 or more feet
15from a school.
16    (d) In the interest of further developing Illinois' economy
17in the area of commerce, tourism, convention, and banquet
18business, nothing in this Section shall prohibit issuance of a
19retail license authorizing the sale of alcoholic beverages to a
20restaurant, banquet facility, grocery store, or hotel having
21not fewer than 150 guest room accommodations located in a
22municipality of more than 500,000 persons, notwithstanding the
23proximity of such hotel, restaurant, banquet facility, or
24grocery store to any church or school, if the licensed premises
25described on the license are located within an enclosed mall or
26building of a height of at least 6 stories, or 60 feet in the

 

 

HB5540 Engrossed- 865 -LRB099 16003 AMC 40320 b

1case of a building that has been registered as a national
2landmark, or in a grocery store having a minimum of 56,010
3square feet of floor space in a single story building in an
4open mall of at least 3.96 acres that is adjacent to a public
5school that opened as a boys technical high school in 1934, or
6in a grocery store having a minimum of 31,000 square feet of
7floor space in a single story building located a distance of
8more than 90 feet but less than 100 feet from a high school
9that opened in 1928 as a junior high school and became a senior
10high school in 1933, and in each of these cases if the sale of
11alcoholic liquors is not the principal business carried on by
12the licensee.
13    For purposes of this Section, a "banquet facility" is any
14part of a building that caters to private parties and where the
15sale of alcoholic liquors is not the principal business.
16    (e) Nothing in this Section shall prohibit the issuance of
17a license to a church or private school to sell at retail
18alcoholic liquor if any such sales are limited to periods when
19groups are assembled on the premises solely for the promotion
20of some common object other than the sale or consumption of
21alcoholic liquors.
22    (f) Nothing in this Section shall prohibit a church or
23church affiliated school located in a home rule municipality or
24in a municipality with 75,000 or more inhabitants from locating
25within 100 feet of a property for which there is a preexisting
26license to sell alcoholic liquor at retail. In these instances,

 

 

HB5540 Engrossed- 866 -LRB099 16003 AMC 40320 b

1the local zoning authority may, by ordinance adopted
2simultaneously with the granting of an initial special use
3zoning permit for the church or church affiliated school,
4provide that the 100-foot restriction in this Section shall not
5apply to that church or church affiliated school and future
6retail liquor licenses.
7    (g) Nothing in this Section shall prohibit the issuance of
8a retail license authorizing the sale of alcoholic liquor at
9premises within 100 feet, but not less than 90 feet, of a
10public school if (1) the premises have been continuously
11licensed to sell alcoholic liquor for a period of at least 50
12years, (2) the premises are located in a municipality having a
13population of over 500,000 inhabitants, (3) the licensee is an
14individual who is a member of a family that has held the
15previous 3 licenses for that location for more than 25 years,
16(4) the principal of the school and the alderman of the ward in
17which the school is located have delivered a written statement
18to the local liquor control commissioner stating that they do
19not object to the issuance of a license under this subsection
20(g), and (5) the local liquor control commissioner has received
21the written consent of a majority of the registered voters who
22live within 200 feet of the premises.
23    (h) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor within premises and at an outdoor patio area attached to

 

 

HB5540 Engrossed- 867 -LRB099 16003 AMC 40320 b

1premises that are located in a municipality with a population
2in excess of 300,000 inhabitants and that are within 100 feet
3of a church if:
4        (1) the sale of alcoholic liquor at the premises is
5    incidental to the sale of food,
6        (2) the sale of liquor is not the principal business
7    carried on by the licensee at the premises,
8        (3) the premises are less than 1,000 square feet,
9        (4) the premises are owned by the University of
10    Illinois,
11        (5) the premises are immediately adjacent to property
12    owned by a church and are not less than 20 nor more than 40
13    feet from the church space used for worship services, and
14        (6) the principal religious leader at the place of
15    worship has indicated his or her support for the issuance
16    of the license in writing.
17    (i) Notwithstanding any provision in this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license to sell alcoholic liquor at a premises
20that is located within a municipality with a population in
21excess of 300,000 inhabitants and is within 100 feet of a
22church, synagogue, or other place of worship if:
23        (1) the primary entrance of the premises and the
24    primary entrance of the church, synagogue, or other place
25    of worship are at least 100 feet apart, on parallel
26    streets, and separated by an alley; and

 

 

HB5540 Engrossed- 868 -LRB099 16003 AMC 40320 b

1        (2) the principal religious leader at the place of
2    worship has not indicated his or her opposition to the
3    issuance or renewal of the license in writing.
4    (j) Notwithstanding any provision in this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6of a retail license authorizing the sale of alcoholic liquor at
7a theater that is within 100 feet of a church if (1) the church
8owns the theater, (2) the church leases the theater to one or
9more entities, and (3) the theater is used by at least 5
10different not-for-profit theater groups.
11    (k) Notwithstanding any provision in this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at a premises that is located within a municipality with
15a population in excess of 1,000,000 inhabitants and is within
16100 feet of a school if:
17        (1) the primary entrance of the premises and the
18    primary entrance of the school are parallel, on different
19    streets, and separated by an alley;
20        (2) the southeast corner of the premises are at least
21    350 feet from the southwest corner of the school;
22        (3) the school was built in 1978;
23        (4) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food;
25        (5) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

HB5540 Engrossed- 869 -LRB099 16003 AMC 40320 b

1        (6) the applicant is the owner of the restaurant and
2    has held a valid license authorizing the sale of alcoholic
3    liquor for the business to be conducted on the premises at
4    a different location for more than 7 years; and
5        (7) the premises is at least 2,300 square feet and sits
6    on a lot that is between 6,100 and 6,150 square feet.
7    (l) Notwithstanding any provision in this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at a premises that is located within a municipality with
11a population in excess of 1,000,000 inhabitants and is within
12100 feet of a church or school if:
13        (1) the primary entrance of the premises and the
14    closest entrance of the church or school is at least 90
15    feet apart and no greater than 95 feet apart;
16        (2) the shortest distance between the premises and the
17    church or school is at least 80 feet apart and no greater
18    than 85 feet apart;
19        (3) the applicant is the owner of the restaurant and on
20    November 15, 2006 held a valid license authorizing the sale
21    of alcoholic liquor for the business to be conducted on the
22    premises for at least 14 different locations;
23        (4) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food;
25        (5) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

HB5540 Engrossed- 870 -LRB099 16003 AMC 40320 b

1        (6) the premises is at least 3,200 square feet and sits
2    on a lot that is between 7,150 and 7,200 square feet; and
3        (7) the principal religious leader at the place of
4    worship has not indicated his or her opposition to the
5    issuance or renewal of the license in writing.
6    (m) Notwithstanding any provision in this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at a premises that is located within a municipality with
10a population in excess of 1,000,000 inhabitants and is within
11100 feet of a church if:
12        (1) the premises and the church are perpendicular, and
13    the primary entrance of the premises faces South while the
14    primary entrance of the church faces West and the distance
15    between the two entrances is more than 100 feet;
16        (2) the shortest distance between the premises lot line
17    and the exterior wall of the church is at least 80 feet;
18        (3) the church was established at the current location
19    in 1916 and the present structure was erected in 1925;
20        (4) the premises is a single story, single use building
21    with at least 1,750 square feet and no more than 2,000
22    square feet;
23        (5) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food;
25        (6) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises; and

 

 

HB5540 Engrossed- 871 -LRB099 16003 AMC 40320 b

1        (7) the principal religious leader at the place of
2    worship has not indicated his or her opposition to the
3    issuance or renewal of the license in writing.
4    (n) Notwithstanding any provision in this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and is within
9100 feet of a school if:
10        (1) the school is a City of Chicago School District 299
11    school;
12        (2) the school is located within subarea E of City of
13    Chicago Residential Business Planned Development Number
14    70;
15        (3) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee on the premises;
17        (4) the sale of alcoholic liquor at the premises is
18    incidental to the sale of food; and
19        (5) the administration of City of Chicago School
20    District 299 has expressed, in writing, its support for the
21    issuance of the license.
22    (o) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a retail license authorizing the sale of
25alcoholic liquor at a premises that is located within a
26municipality in excess of 1,000,000 inhabitants and within 100

 

 

HB5540 Engrossed- 872 -LRB099 16003 AMC 40320 b

1feet of a church if:
2        (1) the sale of alcoholic liquor at the premises is
3    incidental to the sale of food;
4        (2) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (3) the premises is located on a street that runs
7    perpendicular to the street on which the church is located;
8        (4) the primary entrance of the premises is at least
9    100 feet from the primary entrance of the church;
10        (5) the shortest distance between any part of the
11    premises and any part of the church is at least 60 feet;
12        (6) the premises is between 3,600 and 4,000 square feet
13    and sits on a lot that is between 3,600 and 4,000 square
14    feet; and
15        (7) the premises was built in the year 1909.
16    For purposes of this subsection (o), "premises" means a
17place of business together with a privately owned outdoor
18location that is adjacent to the place of business.
19    (p) Notwithstanding any provision in this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at a premises that is located within a municipality with
23a population in excess of 1,000,000 inhabitants and within 100
24feet of a church if:
25        (1) the shortest distance between the backdoor of the
26    premises, which is used as an emergency exit, and the

 

 

HB5540 Engrossed- 873 -LRB099 16003 AMC 40320 b

1    church is at least 80 feet;
2        (2) the church was established at the current location
3    in 1889; and
4        (3) liquor has been sold on the premises since at least
5    1985.
6    (q) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor within a premises that is located in a municipality with
10a population in excess of 1,000,000 inhabitants and within 100
11feet of a church-owned property if:
12        (1) the premises is located within a larger building
13    operated as a grocery store;
14        (2) the area of the premises does not exceed 720 square
15    feet and the area of the larger building exceeds 18,000
16    square feet;
17        (3) the larger building containing the premises is
18    within 100 feet of the nearest property line of a
19    church-owned property on which a church-affiliated school
20    is located;
21        (4) the sale of liquor is not the principal business
22    carried on within the larger building;
23        (5) the primary entrance of the larger building and the
24    premises and the primary entrance of the church-affiliated
25    school are on different, parallel streets, and the distance
26    between the 2 primary entrances is more than 100 feet;

 

 

HB5540 Engrossed- 874 -LRB099 16003 AMC 40320 b

1        (6) the larger building is separated from the
2    church-owned property and church-affiliated school by an
3    alley;
4        (7) the larger building containing the premises and the
5    church building front are on perpendicular streets and are
6    separated by a street; and
7        (8) (Blank).
8    (r) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance,
10renewal, or maintenance of a license authorizing the sale of
11alcoholic liquor incidental to the sale of food within a
12restaurant established in a premises that is located in a
13municipality with a population in excess of 1,000,000
14inhabitants and within 100 feet of a church if:
15        (1) the primary entrance of the church and the primary
16    entrance of the restaurant are at least 100 feet apart;
17        (2) the restaurant has operated on the ground floor and
18    lower level of a multi-story, multi-use building for more
19    than 40 years;
20        (3) the primary business of the restaurant consists of
21    the sale of food where the sale of liquor is incidental to
22    the sale of food;
23        (4) the sale of alcoholic liquor is conducted primarily
24    in the below-grade level of the restaurant to which the
25    only public access is by a staircase located inside the
26    restaurant; and

 

 

HB5540 Engrossed- 875 -LRB099 16003 AMC 40320 b

1        (5) the restaurant has held a license authorizing the
2    sale of alcoholic liquor on the premises for more than 40
3    years.
4    (s) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit renewal of a
6license authorizing the sale of alcoholic liquor at a premises
7that is located within a municipality with a population more
8than 5,000 and less than 10,000 and is within 100 feet of a
9church if:
10        (1) the church was established at the location within
11    100 feet of the premises after a license for the sale of
12    alcoholic liquor at the premises was first issued;
13        (2) a license for sale of alcoholic liquor at the
14    premises was first issued before January 1, 2007; and
15        (3) a license for the sale of alcoholic liquor on the
16    premises has been continuously in effect since January 1,
17    2007, except for interruptions between licenses of no more
18    than 90 days.
19    (t) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor incidental to the sale of food within a restaurant that
23is established in a premises that is located in a municipality
24with a population in excess of 1,000,000 inhabitants and within
25100 feet of a school and a church if:
26        (1) the restaurant is located inside a five-story

 

 

HB5540 Engrossed- 876 -LRB099 16003 AMC 40320 b

1    building with over 16,800 square feet of commercial space;
2        (2) the area of the premises does not exceed 31,050
3    square feet;
4        (3) the area of the restaurant does not exceed 5,800
5    square feet;
6        (4) the building has no less than 78 condominium units;
7        (5) the construction of the building in which the
8    restaurant is located was completed in 2006;
9        (6) the building has 10 storefront properties, 3 of
10    which are used for the restaurant;
11        (7) the restaurant will open for business in 2010;
12        (8) the building is north of the school and separated
13    by an alley; and
14        (9) the principal religious leader of the church and
15    either the alderman of the ward in which the school is
16    located or the principal of the school have delivered a
17    written statement to the local liquor control commissioner
18    stating that he or she does not object to the issuance of a
19    license under this subsection (t).
20    (u) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license to sell alcoholic liquor at a premises
23that is located within a municipality with a population in
24excess of 1,000,000 inhabitants and within 100 feet of a school
25if:
26        (1) the premises operates as a restaurant and has been

 

 

HB5540 Engrossed- 877 -LRB099 16003 AMC 40320 b

1    in operation since February 2008;
2        (2) the applicant is the owner of the premises;
3        (3) the sale of alcoholic liquor is incidental to the
4    sale of food;
5        (4) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee on the premises;
7        (5) the premises occupy the first floor of a 3-story
8    building that is at least 90 years old;
9        (6) the rear lot of the school and the rear corner of
10    the building that the premises occupy are separated by an
11    alley;
12        (7) the distance from the southwest corner of the
13    property line of the school and the northeast corner of the
14    building that the premises occupy is at least 16 feet, 5
15    inches;
16        (8) the distance from the rear door of the premises to
17    the southwest corner of the property line of the school is
18    at least 93 feet;
19        (9) the school is a City of Chicago School District 299
20    school;
21        (10) the school's main structure was erected in 1902
22    and an addition was built to the main structure in 1959;
23    and
24        (11) the principal of the school and the alderman in
25    whose district the premises are located have expressed, in
26    writing, their support for the issuance of the license.

 

 

HB5540 Engrossed- 878 -LRB099 16003 AMC 40320 b

1    (v) Notwithstanding any provision in this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at a premises that is located within a municipality with
5a population in excess of 1,000,000 inhabitants and is within
6100 feet of a school if:
7        (1) the total land area of the premises for which the
8    license or renewal is sought is more than 600,000 square
9    feet;
10        (2) the premises for which the license or renewal is
11    sought has more than 600 parking stalls;
12        (3) the total area of all buildings on the premises for
13    which the license or renewal is sought exceeds 140,000
14    square feet;
15        (4) the property line of the premises for which the
16    license or renewal is sought is separated from the property
17    line of the school by a street;
18        (5) the distance from the school's property line to the
19    property line of the premises for which the license or
20    renewal is sought is at least 60 feet;
21        (6) as of June 14, 2011 (the effective date of Public
22    Act 97-9) this amendatory Act of the 97th General Assembly,
23    the premises for which the license or renewal is sought is
24    located in the Illinois Medical District.
25    (w) Notwithstanding any provision in this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

HB5540 Engrossed- 879 -LRB099 16003 AMC 40320 b

1or renewal of a license to sell alcoholic liquor at a premises
2that is located within a municipality with a population in
3excess of 1,000,000 inhabitants and within 100 feet of a church
4if:
5        (1) the sale of alcoholic liquor at the premises is
6    incidental to the sale of food;
7        (2) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (3) the premises occupy the first floor and basement of
10    a 2-story building that is 106 years old;
11        (4) the premises is at least 7,000 square feet and
12    located on a lot that is at least 11,000 square feet;
13        (5) the premises is located directly west of the
14    church, on perpendicular streets, and separated by an
15    alley;
16        (6) the distance between the property line of the
17    premises and the property line of the church is at least 20
18    feet;
19        (7) the distance between the primary entrance of the
20    premises and the primary entrance of the church is at least
21    130 feet; and
22        (8) the church has been at its location for at least 40
23    years.
24    (x) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

HB5540 Engrossed- 880 -LRB099 16003 AMC 40320 b

1liquor at a premises that is located within a municipality with
2a population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the church has been operating in its current
7    location since 1973;
8        (3) the premises has been operating in its current
9    location since 1988;
10        (4) the church and the premises are owned by the same
11    parish;
12        (5) the premises is used for cultural and educational
13    purposes;
14        (6) the primary entrance to the premises and the
15    primary entrance to the church are located on the same
16    street;
17        (7) the principal religious leader of the church has
18    indicated his support of the issuance of the license;
19        (8) the premises is a 2-story building of approximately
20    23,000 square feet; and
21        (9) the premises houses a ballroom on its ground floor
22    of approximately 5,000 square feet.
23    (y) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality with

 

 

HB5540 Engrossed- 881 -LRB099 16003 AMC 40320 b

1a population in excess of 1,000,000 inhabitants and within 100
2feet of a school if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the sale of alcoholic liquor at the premises is
6    incidental to the sale of food;
7        (3) according to the municipality, the distance
8    between the east property line of the premises and the west
9    property line of the school is 97.8 feet;
10        (4) the school is a City of Chicago School District 299
11    school;
12        (5) the school has been operating since 1959;
13        (6) the primary entrance to the premises and the
14    primary entrance to the school are located on the same
15    street;
16        (7) the street on which the entrances of the premises
17    and the school are located is a major diagonal
18    thoroughfare;
19        (8) the premises is a single-story building of
20    approximately 2,900 square feet; and
21        (9) the premises is used for commercial purposes only.
22    (z) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at a premises that is located within a municipality with
26a population in excess of 1,000,000 inhabitants and within 100

 

 

HB5540 Engrossed- 882 -LRB099 16003 AMC 40320 b

1feet of a mosque if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the licensee shall only sell packaged liquors at
5    the premises;
6        (3) the licensee is a national retail chain having over
7    100 locations within the municipality;
8        (4) the licensee has over 8,000 locations nationwide;
9        (5) the licensee has locations in all 50 states;
10        (6) the premises is located in the North-East quadrant
11    of the municipality;
12        (7) the premises is a free-standing building that has
13    "drive-through" pharmacy service;
14        (8) the premises has approximately 14,490 square feet
15    of retail space;
16        (9) the premises has approximately 799 square feet of
17    pharmacy space;
18        (10) the premises is located on a major arterial street
19    that runs east-west and accepts truck traffic; and
20        (11) the alderman of the ward in which the premises is
21    located has expressed, in writing, his or her support for
22    the issuance of the license.
23    (aa) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality with

 

 

HB5540 Engrossed- 883 -LRB099 16003 AMC 40320 b

1a population in excess of 1,000,000 inhabitants and within 100
2feet of a church if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the licensee shall only sell packaged liquors at
6    the premises;
7        (3) the licensee is a national retail chain having over
8    100 locations within the municipality;
9        (4) the licensee has over 8,000 locations nationwide;
10        (5) the licensee has locations in all 50 states;
11        (6) the premises is located in the North-East quadrant
12    of the municipality;
13        (7) the premises is located across the street from a
14    national grocery chain outlet;
15        (8) the premises has approximately 16,148 square feet
16    of retail space;
17        (9) the premises has approximately 992 square feet of
18    pharmacy space;
19        (10) the premises is located on a major arterial street
20    that runs north-south and accepts truck traffic; and
21        (11) the alderman of the ward in which the premises is
22    located has expressed, in writing, his or her support for
23    the issuance of the license.
24    (bb) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

HB5540 Engrossed- 884 -LRB099 16003 AMC 40320 b

1liquor at a premises that is located within a municipality with
2a population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (3) the primary entrance to the premises and the
9    primary entrance to the church are located on the same
10    street;
11        (4) the premises is across the street from the church;
12        (5) the street on which the premises and the church are
13    located is a major arterial street that runs east-west;
14        (6) the church is an elder-led and Bible-based Assyrian
15    church;
16        (7) the premises and the church are both single-story
17    buildings;
18        (8) the storefront directly west of the church is being
19    used as a restaurant; and
20        (9) the distance between the northern-most property
21    line of the premises and the southern-most property line of
22    the church is 65 feet.
23    (cc) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality with

 

 

HB5540 Engrossed- 885 -LRB099 16003 AMC 40320 b

1a population in excess of 1,000,000 inhabitants and within 100
2feet of a school if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the licensee shall only sell packaged liquors at
6    the premises;
7        (3) the licensee is a national retail chain;
8        (4) as of October 25, 2011, the licensee has 1,767
9    stores operating nationwide, 87 stores operating in the
10    State, and 10 stores operating within the municipality;
11        (5) the licensee shall occupy approximately 124,000
12    square feet of space in the basement and first and second
13    floors of a building located across the street from a
14    school;
15        (6) the school opened in August of 2009 and occupies
16    approximately 67,000 square feet of space; and
17        (7) the building in which the premises shall be located
18    has been listed on the National Register of Historic Places
19    since April 17, 1970.
20    (dd) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor within a full-service grocery store at a premises that
24is located within a municipality with a population in excess of
251,000,000 inhabitants and is within 100 feet of a school if:
26        (1) the premises is constructed on land that was

 

 

HB5540 Engrossed- 886 -LRB099 16003 AMC 40320 b

1    purchased from the municipality at a fair market price;
2        (2) the premises is constructed on land that was
3    previously used as a parking facility for public safety
4    employees;
5        (3) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee at the premises;
7        (4) the main entrance to the store is more than 100
8    feet from the main entrance to the school;
9        (5) the premises is to be new construction;
10        (6) the school is a private school;
11        (7) the principal of the school has given written
12    approval for the license;
13        (8) the alderman of the ward where the premises is
14    located has given written approval of the issuance of the
15    license;
16        (9) the grocery store level of the premises is between
17    60,000 and 70,000 square feet; and
18        (10) the owner and operator of the grocery store
19    operates 2 other grocery stores that have alcoholic liquor
20    licenses within the same municipality.
21    (ee) Notwithstanding any provision in this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor within a full-service grocery store at a premises that
25is located within a municipality with a population in excess of
261,000,000 inhabitants and is within 100 feet of a school if:

 

 

HB5540 Engrossed- 887 -LRB099 16003 AMC 40320 b

1        (1) the premises is constructed on land that once
2    contained an industrial steel facility;
3        (2) the premises is located on land that has undergone
4    environmental remediation;
5        (3) the premises is located within a retail complex
6    containing retail stores where some of the stores sell
7    alcoholic beverages;
8        (4) the principal activity of any restaurant in the
9    retail complex is the sale of food, and the sale of
10    alcoholic liquor is incidental to the sale of food;
11        (5) the sale of alcoholic liquor is not the principal
12    business carried on by the grocery store;
13        (6) the entrance to any business that sells alcoholic
14    liquor is more than 100 feet from the entrance to the
15    school;
16        (7) the alderman of the ward where the premises is
17    located has given written approval of the issuance of the
18    license; and
19        (8) the principal of the school has given written
20    consent to the issuance of the license.
21    (ff) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at a premises that is located within a municipality with
25a population in excess of 1,000,000 inhabitants and within 100
26feet of a school if:

 

 

HB5540 Engrossed- 888 -LRB099 16003 AMC 40320 b

1        (1) the sale of alcoholic liquor is not the principal
2    business carried on at the premises;
3        (2) the sale of alcoholic liquor at the premises is
4    incidental to the operation of a theater;
5        (3) the premises is a one and one-half-story building
6    of approximately 10,000 square feet;
7        (4) the school is a City of Chicago School District 299
8    school;
9        (5) the primary entrance of the premises and the
10    primary entrance of the school are at least 300 feet apart
11    and no more than 400 feet apart;
12        (6) the alderman of the ward in which the premises is
13    located has expressed, in writing, his support for the
14    issuance of the license; and
15        (7) the principal of the school has expressed, in
16    writing, that there is no objection to the issuance of a
17    license under this subsection (ff).
18    (gg) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor incidental to the sale of food within a restaurant or
22banquet facility established in a premises that is located in a
23municipality with a population in excess of 1,000,000
24inhabitants and within 100 feet of a church if:
25        (1) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

HB5540 Engrossed- 889 -LRB099 16003 AMC 40320 b

1        (2) the property on which the church is located and the
2    property on which the premises are located are both within
3    a district originally listed on the National Register of
4    Historic Places on February 14, 1979;
5        (3) the property on which the premises are located
6    contains one or more multi-story buildings that are at
7    least 95 years old and have no more than three stories;
8        (4) the building in which the church is located is at
9    least 120 years old;
10        (5) the property on which the church is located is
11    immediately adjacent to and west of the property on which
12    the premises are located;
13        (6) the western boundary of the property on which the
14    premises are located is no less than 118 feet in length and
15    no more than 122 feet in length;
16        (7) as of December 31, 2012, both the church property
17    and the property on which the premises are located are
18    within 250 feet of City of Chicago Business-Residential
19    Planned Development Number 38;
20        (8) the principal religious leader at the place of
21    worship has indicated his or her support for the issuance
22    of the license in writing; and
23        (9) the alderman in whose district the premises are
24    located has expressed his or her support for the issuance
25    of the license in writing.
26    For the purposes of this subsection, "banquet facility"

 

 

HB5540 Engrossed- 890 -LRB099 16003 AMC 40320 b

1means the part of the building that is located on the floor
2above a restaurant and caters to private parties and where the
3sale of alcoholic liquors is not the principal business.
4    (hh) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor within a hotel and at an outdoor patio area attached to
8the hotel that are located in a municipality with a population
9in excess of 1,000,000 inhabitants and that are within 100 feet
10of a hospital if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the hotel;
13        (2) the hotel is located within the City of Chicago
14    Business Planned Development Number 468; and
15        (3) the hospital is located within the City of Chicago
16    Institutional Planned Development Number 3.
17    (ii) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor within a restaurant and at an outdoor patio area
21attached to the restaurant that are located in a municipality
22with a population in excess of 1,000,000 inhabitants and that
23are within 100 feet of a church if:
24        (1) the sale of alcoholic liquor at the premises is not
25    the principal business carried on by the licensee and is
26    incidental to the sale of food;

 

 

HB5540 Engrossed- 891 -LRB099 16003 AMC 40320 b

1        (2) the restaurant has been operated on the street
2    level of a 2-story building located on a corner lot since
3    2008;
4        (3) the restaurant is between 3,700 and 4,000 square
5    feet and sits on a lot that is no more than 6,200 square
6    feet;
7        (4) the primary entrance to the restaurant and the
8    primary entrance to the church are located on the same
9    street;
10        (5) the street on which the restaurant and the church
11    are located is a major east-west street;
12        (6) the restaurant and the church are separated by a
13    one-way northbound street;
14        (7) the church is located to the west of and no more
15    than 65 feet from the restaurant; and
16        (8) the principal religious leader at the place of
17    worship has indicated his or her consent to the issuance of
18    the license in writing.
19    (jj) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at premises located within a municipality with a
23population in excess of 1,000,000 inhabitants and within 100
24feet of a church if:
25        (1) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

HB5540 Engrossed- 892 -LRB099 16003 AMC 40320 b

1        (2) the sale of alcoholic liquor is incidental to the
2    sale of food;
3        (3) the premises are located east of the church, on
4    perpendicular streets, and separated by an alley;
5        (4) the distance between the primary entrance of the
6    premises and the primary entrance of the church is at least
7    175 feet;
8        (5) the distance between the property line of the
9    premises and the property line of the church is at least 40
10    feet;
11        (6) the licensee has been operating at the premises
12    since 2012;
13        (7) the church was constructed in 1904;
14        (8) the alderman of the ward in which the premises is
15    located has expressed, in writing, his or her support for
16    the issuance of the license; and
17        (9) the principal religious leader of the church has
18    delivered a written statement that he or she does not
19    object to the issuance of a license under this subsection
20    (jj).
21    (kk) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at a premises that is located within a municipality with
25a population in excess of 1,000,000 inhabitants and within 100
26feet of a school if:

 

 

HB5540 Engrossed- 893 -LRB099 16003 AMC 40320 b

1        (1) the sale of alcoholic liquor is not the principal
2    business carried on by the licensee at the premises;
3        (2) the licensee shall only sell packaged liquors on
4    the premises;
5        (3) the licensee is a national retail chain;
6        (4) as of February 27, 2013, the licensee had 1,778
7    stores operating nationwide, 89 operating in this State,
8    and 11 stores operating within the municipality;
9        (5) the licensee shall occupy approximately 169,048
10    square feet of space within a building that is located
11    across the street from a tuition-based preschool; and
12        (6) the alderman of the ward in which the premises is
13    located has expressed, in writing, his or her support for
14    the issuance of the license.
15    (ll) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a school if:
21        (1) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee at the premises;
23        (2) the licensee shall only sell packaged liquors on
24    the premises;
25        (3) the licensee is a national retail chain;
26        (4) as of February 27, 2013, the licensee had 1,778

 

 

HB5540 Engrossed- 894 -LRB099 16003 AMC 40320 b

1    stores operating nationwide, 89 operating in this State,
2    and 11 stores operating within the municipality;
3        (5) the licensee shall occupy approximately 191,535
4    square feet of space within a building that is located
5    across the street from an elementary school; and
6        (6) the alderman of the ward in which the premises is
7    located has expressed, in writing, his or her support for
8    the issuance of the license.
9    (mm) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor within premises and at an outdoor patio or sidewalk
13cafe, or both, attached to premises that are located in a
14municipality with a population in excess of 1,000,000
15inhabitants and that are within 100 feet of a hospital if:
16        (1) the primary business of the restaurant consists of
17    the sale of food where the sale of liquor is incidental to
18    the sale of food;
19        (2) as a restaurant, the premises may or may not offer
20    catering as an incidental part of food service;
21        (3) the primary business of the restaurant is conducted
22    in space owned by a hospital or an entity owned or
23    controlled by, under common control with, or that controls
24    a hospital, and the chief hospital administrator has
25    expressed his or her support for the issuance of the
26    license in writing; and

 

 

HB5540 Engrossed- 895 -LRB099 16003 AMC 40320 b

1        (4) the hospital is an adult acute care facility
2    primarily located within the City of Chicago Institutional
3    Planned Development Number 3.
4    (nn) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and within 100
9feet of a church if:
10        (1) the sale of alcoholic liquor is not the principal
11    business carried out on the premises;
12        (2) the sale of alcoholic liquor at the premises is
13    incidental to the operation of a theater;
14        (3) the premises are a building that was constructed in
15    1913 and opened on May 24, 1915 as a vaudeville theater,
16    and the premises were converted to a motion picture theater
17    in 1935;
18        (4) the church was constructed in 1889 with a stone
19    exterior;
20        (5) the primary entrance of the premises and the
21    primary entrance of the church are at least 100 feet apart;
22    and
23        (6) the principal religious leader at the place of
24    worship has indicated his or her consent to the issuance of
25    the license in writing; and
26        (7) the alderman in whose ward the premises are located

 

 

HB5540 Engrossed- 896 -LRB099 16003 AMC 40320 b

1    has expressed his or her support for the issuance of the
2    license in writing.
3    (oo) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor at a premises that is located within a municipality with
7a population in excess of 1,000,000 inhabitants and within 100
8feet of a mosque, church, or other place of worship if:
9        (1) the primary entrance of the premises and the
10    primary entrance of the mosque, church, or other place of
11    worship are perpendicular and are on different streets;
12        (2) the primary entrance to the premises faces West and
13    the primary entrance to the mosque, church, or other place
14    of worship faces South;
15        (3) the distance between the 2 primary entrances is at
16    least 100 feet;
17        (4) the mosque, church, or other place of worship was
18    established in a location within 100 feet of the premises
19    after a license for the sale of alcohol at the premises was
20    first issued;
21        (5) the mosque, church, or other place of worship was
22    established on or around January 1, 2011;
23        (6) a license for the sale of alcohol at the premises
24    was first issued on or before January 1, 1985;
25        (7) a license for the sale of alcohol at the premises
26    has been continuously in effect since January 1, 1985,

 

 

HB5540 Engrossed- 897 -LRB099 16003 AMC 40320 b

1    except for interruptions between licenses of no more than
2    90 days; and
3        (8) the premises are a single-story, single-use
4    building of at least 3,000 square feet and no more than
5    3,380 square feet.
6    (pp) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor incidental to the sale of food within a restaurant or
10banquet facility established on premises that are located in a
11municipality with a population in excess of 1,000,000
12inhabitants and within 100 feet of at least one church if:
13        (1) the sale of liquor shall not be the principal
14    business carried on by the licensee at the premises;
15        (2) the premises are at least 2,000 square feet and no
16    more than 10,000 square feet and is located in a
17    single-story building;
18        (3) the property on which the premises are located is
19    within an area that, as of 2009, was designated as a
20    Renewal Community by the United States Department of
21    Housing and Urban Development;
22        (4) the property on which the premises are located and
23    the properties on which the churches are located are on the
24    same street;
25        (5) the property on which the premises are located is
26    immediately adjacent to and east of the property on which

 

 

HB5540 Engrossed- 898 -LRB099 16003 AMC 40320 b

1    at least one of the churches is located;
2        (6) the property on which the premises are located is
3    across the street and southwest of the property on which
4    another church is located;
5        (7) the principal religious leaders of the churches
6    have indicated their support for the issuance of the
7    license in writing; and
8        (8) the alderman in whose ward the premises are located
9    has expressed his or her support for the issuance of the
10    license in writing.
11    For purposes of this subsection (pp), "banquet facility"
12means the part of the building that caters to private parties
13and where the sale of alcoholic liquors is not the principal
14business.
15    (qq) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor on premises that are located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a church or school if:
21        (1) the primary entrance of the premises and the
22    closest entrance of the church or school are at least 200
23    feet apart and no greater than 300 feet apart;
24        (2) the shortest distance between the premises and the
25    church or school is at least 66 feet apart and no greater
26    than 81 feet apart;

 

 

HB5540 Engrossed- 899 -LRB099 16003 AMC 40320 b

1        (3) the premises are a single-story, steel-framed
2    commercial building with at least 18,042 square feet, and
3    was constructed in 1925 and 1997;
4        (4) the owner of the business operated within the
5    premises has been the general manager of a similar
6    supermarket within one mile from the premises, which has
7    had a valid license authorizing the sale of alcoholic
8    liquor since 2002, and is in good standing with the City of
9    Chicago;
10        (5) the principal religious leader at the place of
11    worship has indicated his or her support to the issuance or
12    renewal of the license in writing;
13        (6) the alderman of the ward has indicated his or her
14    support to the issuance or renewal of the license in
15    writing; and
16        (7) the principal of the school has indicated his or
17    her support to the issuance or renewal of the license in
18    writing.
19    (rr) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at premises located within a municipality with a
23population in excess of 1,000,000 inhabitants and within 100
24feet of a club that leases space to a school if:
25        (1) the sale of alcoholic liquor is not the principal
26    business carried out on the premises;

 

 

HB5540 Engrossed- 900 -LRB099 16003 AMC 40320 b

1        (2) the sale of alcoholic liquor at the premises is
2    incidental to the operation of a grocery store;
3        (3) the premises are a building of approximately 1,750
4    square feet and is rented by the owners of the grocery
5    store from a family member;
6        (4) the property line of the premises is approximately
7    68 feet from the property line of the club;
8        (5) the primary entrance of the premises and the
9    primary entrance of the club where the school leases space
10    are at least 100 feet apart;
11        (6) the director of the club renting space to the
12    school has indicated his or her consent to the issuance of
13    the license in writing; and
14        (7) the alderman in whose district the premises are
15    located has expressed his or her support for the issuance
16    of the license in writing.
17    (ss) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor at premises located within a municipality with a
21population in excess of 1,000,000 inhabitants and within 100
22feet of a church if:
23        (1) the premises are located within a 15 unit building
24    with 13 residential apartments and 2 commercial spaces, and
25    the licensee will occupy both commercial spaces;
26        (2) a restaurant has been operated on the premises

 

 

HB5540 Engrossed- 901 -LRB099 16003 AMC 40320 b

1    since June 2011;
2        (3) the restaurant currently occupies 1,075 square
3    feet, but will be expanding to include 975 additional
4    square feet;
5        (4) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee at the premises;
7        (5) the premises are located south of the church and on
8    the same street and are separated by a one-way westbound
9    street;
10        (6) the primary entrance of the premises is at least 93
11    feet from the primary entrance of the church;
12        (7) the shortest distance between any part of the
13    premises and any part of the church is at least 72 feet;
14        (8) the building in which the restaurant is located was
15    built in 1910;
16        (9) the alderman of the ward in which the premises are
17    located has expressed, in writing, his or her support for
18    the issuance of the license; and
19        (10) the principal religious leader of the church has
20    delivered a written statement that he or she does not
21    object to the issuance of a license under this subsection
22    (ss).
23    (tt) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at premises located within a municipality with a

 

 

HB5540 Engrossed- 902 -LRB099 16003 AMC 40320 b

1population in excess of 1,000,000 inhabitants and within 100
2feet of a church if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the sale of alcoholic liquor is incidental to the
6    sale of food;
7        (3) the sale of alcoholic liquor at the premises was
8    previously authorized by a package goods liquor license;
9        (4) the premises are at least 40,000 square feet with
10    25 parking spaces in the contiguous surface lot to the
11    north of the store and 93 parking spaces on the roof;
12        (5) the shortest distance between the lot line of the
13    parking lot of the premises and the exterior wall of the
14    church is at least 80 feet;
15        (6) the distance between the building in which the
16    church is located and the building in which the premises
17    are located is at least 180 feet;
18        (7) the main entrance to the church faces west and is
19    at least 257 feet from the main entrance of the premises;
20    and
21        (8) the applicant is the owner of 10 similar grocery
22    stores within the City of Chicago and the surrounding area
23    and has been in business for more than 30 years.
24    (uu) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

HB5540 Engrossed- 903 -LRB099 16003 AMC 40320 b

1liquor at premises located within a municipality with a
2population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the sale of alcoholic liquor is incidental to the
7    operation of a grocery store;
8        (3) the premises are located in a building that is
9    approximately 68,000 square feet with 157 parking spaces on
10    property that was previously vacant land;
11        (4) the main entrance to the church faces west and is
12    at least 500 feet from the entrance of the premises, which
13    faces north;
14        (5) the church and the premises are separated by an
15    alley;
16        (6) the applicant is the owner of 9 similar grocery
17    stores in the City of Chicago and the surrounding area and
18    has been in business for more than 40 years; and
19        (7) the alderman of the ward in which the premises are
20    located has expressed, in writing, his or her support for
21    the issuance of the license.
22    (vv) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at premises located within a municipality with a
26population in excess of 1,000,000 inhabitants and within 100

 

 

HB5540 Engrossed- 904 -LRB099 16003 AMC 40320 b

1feet of a church if:
2        (1) the sale of alcoholic liquor is the principal
3    business carried on by the licensee at the premises;
4        (2) the sale of alcoholic liquor is primary to the sale
5    of food;
6        (3) the premises are located south of the church and on
7    perpendicular streets and are separated by a driveway;
8        (4) the primary entrance of the premises is at least
9    100 feet from the primary entrance of the church;
10        (5) the shortest distance between any part of the
11    premises and any part of the church is at least 15 feet;
12        (6) the premises are less than 100 feet from the church
13    center, but greater than 100 feet from the area within the
14    building where church services are held;
15        (7) the premises are 25,830 square feet and sit on a
16    lot that is 0.48 acres;
17        (8) the premises were once designated as a Korean
18    American Presbyterian Church and were once used as a
19    Masonic Temple;
20        (9) the premises were built in 1910;
21        (10) the alderman of the ward in which the premises are
22    located has expressed, in writing, his or her support for
23    the issuance of the license; and
24        (11) the principal religious leader of the church has
25    delivered a written statement that he or she does not
26    object to the issuance of a license under this subsection

 

 

HB5540 Engrossed- 905 -LRB099 16003 AMC 40320 b

1    (vv).
2    For the purposes of this subsection (vv), "premises" means
3a place of business together with a privately owned outdoor
4location that is adjacent to the place of business.
5    (ww) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at premises located within a municipality with a
9population in excess of 1,000,000 inhabitants and within 100
10feet of a school if:
11        (1) the school is located within Sub Area III of City
12    of Chicago Residential-Business Planned Development Number
13    523, as amended; and
14        (2) the premises are located within Sub Area I, Sub
15    Area II, or Sub Area IV of City of Chicago
16    Residential-Business Planned Development Number 523, as
17    amended.
18    (xx) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at premises located within a municipality with a
22population in excess of 1,000,000 inhabitants and within 100
23feet of a church if:
24        (1) the sale of wine or wine-related products is the
25    exclusive business carried on by the licensee at the
26    premises;

 

 

HB5540 Engrossed- 906 -LRB099 16003 AMC 40320 b

1        (2) the primary entrance of the premises and the
2    primary entrance of the church are at least 100 feet apart
3    and are located on different streets;
4        (3) the building in which the premises are located and
5    the building in which the church is located are separated
6    by an alley;
7        (4) the premises consists of less than 2,000 square
8    feet of floor area dedicated to the sale of wine or
9    wine-related products;
10        (5) the premises are located on the first floor of a
11    2-story building that is at least 99 years old and has a
12    residential unit on the second floor; and
13        (6) the principal religious leader at the church has
14    indicated his or her support for the issuance or renewal of
15    the license in writing.
16    (yy) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at premises located within a municipality with a
20population in excess of 1,000,000 inhabitants and within 100
21feet of a church if:
22        (1) the premises are a 27-story hotel containing 191
23    guest rooms;
24        (2) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the premises and is
26    limited to a restaurant located on the first floor of the

 

 

HB5540 Engrossed- 907 -LRB099 16003 AMC 40320 b

1    hotel;
2        (3) the hotel is adjacent to the church;
3        (4) the site is zoned as DX-16;
4        (5) the principal religious leader of the church has
5    delivered a written statement that he or she does not
6    object to the issuance of a license under this subsection
7    (yy); and
8        (6) the alderman of the ward in which the premises are
9    located has expressed, in writing, his or her support for
10    the issuance of the license.
11    (zz) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at premises located within a municipality with a
15population in excess of 1,000,000 inhabitants and within 100
16feet of a church if:
17        (1) the premises are a 15-story hotel containing 143
18    guest rooms;
19        (2) the premises are approximately 85,691 square feet;
20        (3) a restaurant is operated on the premises;
21        (4) the restaurant is located in the first floor lobby
22    of the hotel;
23        (5) the sale of alcoholic liquor is not the principal
24    business carried on by the licensee at the premises;
25        (6) the hotel is located approximately 50 feet from the
26    church and is separated from the church by a public street

 

 

HB5540 Engrossed- 908 -LRB099 16003 AMC 40320 b

1    on the ground level and by air space on the upper level,
2    which is where the public entrances are located;
3        (7) the site is zoned as DX-16;
4        (8) the principal religious leader of the church has
5    delivered a written statement that he or she does not
6    object to the issuance of a license under this subsection
7    (zz); and
8        (9) the alderman of the ward in which the premises are
9    located has expressed, in writing, his or her support for
10    the issuance of the license.
11    (aaa) Notwithstanding any provision in this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor within a full-service grocery store at premises located
15within a municipality with a population in excess of 1,000,000
16inhabitants and within 100 feet of a school if:
17        (1) the sale of alcoholic liquor is not the primary
18    business activity of the grocery store;
19        (2) the premises are newly constructed on land that was
20    formerly used by the Young Men's Christian Association;
21        (3) the grocery store is located within a planned
22    development that was approved by the municipality in 2007;
23        (4) the premises are located in a multi-building,
24    mixed-use complex;
25        (5) the entrance to the grocery store is located more
26    than 200 feet from the entrance to the school;

 

 

HB5540 Engrossed- 909 -LRB099 16003 AMC 40320 b

1        (6) the entrance to the grocery store is located across
2    the street from the back of the school building, which is
3    not used for student or public access;
4        (7) the grocery store executed a binding lease for the
5    property in 2008;
6        (8) the premises consist of 2 levels and occupy more
7    than 80,000 square feet;
8        (9) the owner and operator of the grocery store
9    operates at least 10 other grocery stores that have
10    alcoholic liquor licenses within the same municipality;
11    and
12        (10) the director of the school has expressed, in
13    writing, his or her support for the issuance of the
14    license.
15    (bbb) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at premises located within a municipality with a
19population in excess of 1,000,000 inhabitants and within 100
20feet of a church if:
21        (1) the sale of alcoholic liquor at the premises is
22    incidental to the sale of food;
23        (2) the premises are located in a single-story building
24    of primarily brick construction containing at least 6
25    commercial units constructed before 1940;
26        (3) the premises are located in a B3-2 zoning district;

 

 

HB5540 Engrossed- 910 -LRB099 16003 AMC 40320 b

1        (4) the premises are less than 4,000 square feet;
2        (5) the church established its congregation in 1891 and
3    completed construction of the church building in 1990;
4        (6) the premises are located south of the church;
5        (7) the premises and church are located on the same
6    street and are separated by a one-way westbound street; and
7        (8) the principal religious leader of the church has
8    not indicated his or her opposition to the issuance or
9    renewal of the license in writing.
10    (ccc) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor within a full-service grocery store at premises located
14within a municipality with a population in excess of 1,000,000
15inhabitants and within 100 feet of a church and school if:
16        (1) as of March 14, 2007, the premises are located in a
17    City of Chicago Residential-Business Planned Development
18    No. 1052;
19        (2) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the premises;
21        (3) the sale of alcoholic liquor is incidental to the
22    operation of a grocery store and comprises no more than 10%
23    of the total in-store sales;
24        (4) the owner and operator of the grocery store
25    operates at least 10 other grocery stores that have
26    alcoholic liquor licenses within the same municipality;

 

 

HB5540 Engrossed- 911 -LRB099 16003 AMC 40320 b

1        (5) the premises are new construction when the license
2    is first issued;
3        (6) the constructed premises are to be no less than
4    50,000 square feet;
5        (7) the school is a private church-affiliated school;
6        (8) the premises and the property containing the church
7    and church-affiliated school are located on perpendicular
8    streets and the school and church are adjacent to one
9    another;
10        (9) the pastor of the church and school has expressed,
11    in writing, support for the issuance of the license; and
12        (10) the alderman of the ward in which the premises are
13    located has expressed, in writing, his or her support for
14    the issuance of the license.
15    (ddd) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at premises located within a municipality with a
19population in excess of 1,000,000 inhabitants and within 100
20feet of a church or school if:
21        (1) the business has been issued a license from the
22    municipality to allow the business to operate a theater on
23    the premises;
24        (2) the theater has less than 200 seats;
25        (3) the premises are approximately 2,700 to 3,100
26    square feet of space;

 

 

HB5540 Engrossed- 912 -LRB099 16003 AMC 40320 b

1        (4) the premises are located to the north of the
2    church;
3        (5) the primary entrance of the premises and the
4    primary entrance of any church within 100 feet of the
5    premises are located either on a different street or across
6    a right-of-way from the premises;
7        (6) the primary entrance of the premises and the
8    primary entrance of any school within 100 feet of the
9    premises are located either on a different street or across
10    a right-of-way from the premises;
11        (7) the premises are located in a building that is at
12    least 100 years old; and
13        (8) any church or school located within 100 feet of the
14    premises has indicated its support for the issuance or
15    renewal of the license to the premises in writing.
16    (eee) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at premises located within a municipality with a
20population in excess of 1,000,000 inhabitants and within 100
21feet of a church and school if:
22        (1) the sale of alcoholic liquor is incidental to the
23    sale of food;
24        (2) the sale of alcoholic liquor is not the principal
25    business carried on by the applicant on the premises;
26        (3) a family-owned restaurant has operated on the

 

 

HB5540 Engrossed- 913 -LRB099 16003 AMC 40320 b

1    premises since 1957;
2        (4) the premises occupy the first floor of a 3-story
3    building that is at least 90 years old;
4        (5) the distance between the property line of the
5    premises and the property line of the church is at least 20
6    feet;
7        (6) the church was established at its current location
8    and the present structure was erected before 1900;
9        (7) the primary entrance of the premises is at least 75
10    feet from the primary entrance of the church;
11        (8) the school is affiliated with the church;
12        (9) the principal religious leader at the place of
13    worship has indicated his or her support for the issuance
14    of the license in writing;
15        (10) the principal of the school has indicated in
16    writing that he or she is not opposed to the issuance of
17    the license; and
18        (11) the alderman of the ward in which the premises are
19    located has expressed, in writing, his or her lack of an
20    objection to the issuance of the license.
21    (fff) (yy) Notwithstanding any provision of this Section to
22the contrary, nothing in this Section shall prohibit the
23issuance or renewal of a license authorizing the sale of
24alcoholic liquor at premises located within a municipality with
25a population in excess of 1,000,000 inhabitants and within 100
26feet of a church if:

 

 

HB5540 Engrossed- 914 -LRB099 16003 AMC 40320 b

1        (1) the sale of alcoholic liquor is not the principal
2    business carried on by the licensee at the premises;
3        (2) the sale of alcoholic liquor at the premises is
4    incidental to the operation of a grocery store;
5        (3) the premises are a one-story building containing
6    approximately 10,000 square feet and are rented by the
7    owners of the grocery store;
8        (4) the sale of alcoholic liquor at the premises occurs
9    in a retail area of the grocery store that is approximately
10    3,500 square feet;
11        (5) the grocery store has operated at the location
12    since 1984;
13        (6) the grocery store is closed on Sundays;
14        (7) the property on which the premises are located is a
15    corner lot that is bound by 3 streets and an alley, where
16    one street is a one-way street that runs north-south, one
17    street runs east-west, and one street runs
18    northwest-southeast;
19        (8) the property line of the premises is approximately
20    16 feet from the property line of the building where the
21    church is located;
22        (9) the premises are separated from the building
23    containing the church by a public alley;
24        (10) the primary entrance of the premises and the
25    primary entrance of the church are at least 100 feet apart;
26        (11) representatives of the church have delivered a

 

 

HB5540 Engrossed- 915 -LRB099 16003 AMC 40320 b

1    written statement that the church does not object to the
2    issuance of a license under this subsection (fff) (yy); and
3        (12) the alderman of the ward in which the grocery
4    store is located has expressed, in writing, his or her
5    support for the issuance of the license.
6(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13;
798-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff.
88-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff.
97-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; revised
1011-4-15.)
 
11    Section 395. The Grain Code is amended by changing Section
1215-10 as follows:
 
13    (240 ILCS 40/15-10)
14    Sec. 15-10. De minimis minimus violations.
15    (a) If a licensee commits a de minimis minimus violation of
16this Code, the Director may, in his or her discretion, and
17without further action, issue a warning letter to the licensee.
18    (b) For the purposes of this Article, a de minimis minimus
19violation exists when a licensee:
20        (1) violates the maximum allowable speculative limits
21    of item (a)(2) of Section 10-10 by 1,000 bushels or less;
22        (2) has total grain quantity deficiency violations
23    that do not exceed $1,000 as determined by the formula set
24    forth in subsection (c) of Section 15-20; or

 

 

HB5540 Engrossed- 916 -LRB099 16003 AMC 40320 b

1        (3) has total grain quality deficiency violations that
2    do not exceed $1,000 as determined by the formula set forth
3    in subsection (d) of Section 15-20.
4(Source: P.A. 89-287, eff. 1-1-96; revised 10-21-15.)
 
5    Section 400. The Illinois Public Aid Code is amended by
6changing Sections 5-5, 5-5e, 5-16.8, 5-30, 10-25, and 10-25.5
7as follows:
 
8    (305 ILCS 5/5-5)  (from Ch. 23, par. 5-5)
9    (Text of Section before amendment by P.A. 99-407)
10    Sec. 5-5. Medical services. The Illinois Department, by
11rule, shall determine the quantity and quality of and the rate
12of reimbursement for the medical assistance for which payment
13will be authorized, and the medical services to be provided,
14which may include all or part of the following: (1) inpatient
15hospital services; (2) outpatient hospital services; (3) other
16laboratory and X-ray services; (4) skilled nursing home
17services; (5) physicians' services whether furnished in the
18office, the patient's home, a hospital, a skilled nursing home,
19or elsewhere; (6) medical care, or any other type of remedial
20care furnished by licensed practitioners; (7) home health care
21services; (8) private duty nursing service; (9) clinic
22services; (10) dental services, including prevention and
23treatment of periodontal disease and dental caries disease for
24pregnant women, provided by an individual licensed to practice

 

 

HB5540 Engrossed- 917 -LRB099 16003 AMC 40320 b

1dentistry or dental surgery; for purposes of this item (10),
2"dental services" means diagnostic, preventive, or corrective
3procedures provided by or under the supervision of a dentist in
4the practice of his or her profession; (11) physical therapy
5and related services; (12) prescribed drugs, dentures, and
6prosthetic devices; and eyeglasses prescribed by a physician
7skilled in the diseases of the eye, or by an optometrist,
8whichever the person may select; (13) other diagnostic,
9screening, preventive, and rehabilitative services, including
10to ensure that the individual's need for intervention or
11treatment of mental disorders or substance use disorders or
12co-occurring mental health and substance use disorders is
13determined using a uniform screening, assessment, and
14evaluation process inclusive of criteria, for children and
15adults; for purposes of this item (13), a uniform screening,
16assessment, and evaluation process refers to a process that
17includes an appropriate evaluation and, as warranted, a
18referral; "uniform" does not mean the use of a singular
19instrument, tool, or process that all must utilize; (14)
20transportation and such other expenses as may be necessary;
21(15) medical treatment of sexual assault survivors, as defined
22in Section 1a of the Sexual Assault Survivors Emergency
23Treatment Act, for injuries sustained as a result of the sexual
24assault, including examinations and laboratory tests to
25discover evidence which may be used in criminal proceedings
26arising from the sexual assault; (16) the diagnosis and

 

 

HB5540 Engrossed- 918 -LRB099 16003 AMC 40320 b

1treatment of sickle cell anemia; and (17) any other medical
2care, and any other type of remedial care recognized under the
3laws of this State, but not including abortions, or induced
4miscarriages or premature births, unless, in the opinion of a
5physician, such procedures are necessary for the preservation
6of the life of the woman seeking such treatment, or except an
7induced premature birth intended to produce a live viable child
8and such procedure is necessary for the health of the mother or
9her unborn child. The Illinois Department, by rule, shall
10prohibit any physician from providing medical assistance to
11anyone eligible therefor under this Code where such physician
12has been found guilty of performing an abortion procedure in a
13wilful and wanton manner upon a woman who was not pregnant at
14the time such abortion procedure was performed. The term "any
15other type of remedial care" shall include nursing care and
16nursing home service for persons who rely on treatment by
17spiritual means alone through prayer for healing.
18    Notwithstanding any other provision of this Section, a
19comprehensive tobacco use cessation program that includes
20purchasing prescription drugs or prescription medical devices
21approved by the Food and Drug Administration shall be covered
22under the medical assistance program under this Article for
23persons who are otherwise eligible for assistance under this
24Article.
25    Notwithstanding any other provision of this Code, the
26Illinois Department may not require, as a condition of payment

 

 

HB5540 Engrossed- 919 -LRB099 16003 AMC 40320 b

1for any laboratory test authorized under this Article, that a
2physician's handwritten signature appear on the laboratory
3test order form. The Illinois Department may, however, impose
4other appropriate requirements regarding laboratory test order
5documentation.
6    Upon receipt of federal approval of an amendment to the
7Illinois Title XIX State Plan for this purpose, the Department
8shall authorize the Chicago Public Schools (CPS) to procure a
9vendor or vendors to manufacture eyeglasses for individuals
10enrolled in a school within the CPS system. CPS shall ensure
11that its vendor or vendors are enrolled as providers in the
12medical assistance program and in any capitated Medicaid
13managed care entity (MCE) serving individuals enrolled in a
14school within the CPS system. Under any contract procured under
15this provision, the vendor or vendors must serve only
16individuals enrolled in a school within the CPS system. Claims
17for services provided by CPS's vendor or vendors to recipients
18of benefits in the medical assistance program under this Code,
19the Children's Health Insurance Program, or the Covering ALL
20KIDS Health Insurance Program shall be submitted to the
21Department or the MCE in which the individual is enrolled for
22payment and shall be reimbursed at the Department's or the
23MCE's established rates or rate methodologies for eyeglasses.
24    On and after July 1, 2012, the Department of Healthcare and
25Family Services may provide the following services to persons
26eligible for assistance under this Article who are

 

 

HB5540 Engrossed- 920 -LRB099 16003 AMC 40320 b

1participating in education, training or employment programs
2operated by the Department of Human Services as successor to
3the Department of Public Aid:
4        (1) dental services provided by or under the
5    supervision of a dentist; and
6        (2) eyeglasses prescribed by a physician skilled in the
7    diseases of the eye, or by an optometrist, whichever the
8    person may select.
9    Notwithstanding any other provision of this Code and
10subject to federal approval, the Department may adopt rules to
11allow a dentist who is volunteering his or her service at no
12cost to render dental services through an enrolled
13not-for-profit health clinic without the dentist personally
14enrolling as a participating provider in the medical assistance
15program. A not-for-profit health clinic shall include a public
16health clinic or Federally Qualified Health Center or other
17enrolled provider, as determined by the Department, through
18which dental services covered under this Section are performed.
19The Department shall establish a process for payment of claims
20for reimbursement for covered dental services rendered under
21this provision.
22    The Illinois Department, by rule, may distinguish and
23classify the medical services to be provided only in accordance
24with the classes of persons designated in Section 5-2.
25    The Department of Healthcare and Family Services must
26provide coverage and reimbursement for amino acid-based

 

 

HB5540 Engrossed- 921 -LRB099 16003 AMC 40320 b

1elemental formulas, regardless of delivery method, for the
2diagnosis and treatment of (i) eosinophilic disorders and (ii)
3short bowel syndrome when the prescribing physician has issued
4a written order stating that the amino acid-based elemental
5formula is medically necessary.
6    The Illinois Department shall authorize the provision of,
7and shall authorize payment for, screening by low-dose
8mammography for the presence of occult breast cancer for women
935 years of age or older who are eligible for medical
10assistance under this Article, as follows:
11        (A) A baseline mammogram for women 35 to 39 years of
12    age.
13        (B) An annual mammogram for women 40 years of age or
14    older.
15        (C) A mammogram at the age and intervals considered
16    medically necessary by the woman's health care provider for
17    women under 40 years of age and having a family history of
18    breast cancer, prior personal history of breast cancer,
19    positive genetic testing, or other risk factors.
20        (D) A comprehensive ultrasound screening of an entire
21    breast or breasts if a mammogram demonstrates
22    heterogeneous or dense breast tissue, when medically
23    necessary as determined by a physician licensed to practice
24    medicine in all of its branches.
25        (E) A screening MRI when medically necessary, as
26    determined by a physician licensed to practice medicine in

 

 

HB5540 Engrossed- 922 -LRB099 16003 AMC 40320 b

1    all of its branches.
2    All screenings shall include a physical breast exam,
3instruction on self-examination and information regarding the
4frequency of self-examination and its value as a preventative
5tool. For purposes of this Section, "low-dose mammography"
6means the x-ray examination of the breast using equipment
7dedicated specifically for mammography, including the x-ray
8tube, filter, compression device, and image receptor, with an
9average radiation exposure delivery of less than one rad per
10breast for 2 views of an average size breast. The term also
11includes digital mammography.
12    On and after January 1, 2016, the Department shall ensure
13that all networks of care for adult clients of the Department
14include access to at least one breast imaging Center of Imaging
15Excellence as certified by the American College of Radiology.
16    On and after January 1, 2012, providers participating in a
17quality improvement program approved by the Department shall be
18reimbursed for screening and diagnostic mammography at the same
19rate as the Medicare program's rates, including the increased
20reimbursement for digital mammography.
21    The Department shall convene an expert panel including
22representatives of hospitals, free-standing mammography
23facilities, and doctors, including radiologists, to establish
24quality standards for mammography.
25    On and after January 1, 2017, providers participating in a
26breast cancer treatment quality improvement program approved

 

 

HB5540 Engrossed- 923 -LRB099 16003 AMC 40320 b

1by the Department shall be reimbursed for breast cancer
2treatment at a rate that is no lower than 95% of the Medicare
3program's rates for the data elements included in the breast
4cancer treatment quality program.
5    The Department shall convene an expert panel, including
6representatives of hospitals, free standing breast cancer
7treatment centers, breast cancer quality organizations, and
8doctors, including breast surgeons, reconstructive breast
9surgeons, oncologists, and primary care providers to establish
10quality standards for breast cancer treatment.
11    Subject to federal approval, the Department shall
12establish a rate methodology for mammography at federally
13qualified health centers and other encounter-rate clinics.
14These clinics or centers may also collaborate with other
15hospital-based mammography facilities. By January 1, 2016, the
16Department shall report to the General Assembly on the status
17of the provision set forth in this paragraph.
18    The Department shall establish a methodology to remind
19women who are age-appropriate for screening mammography, but
20who have not received a mammogram within the previous 18
21months, of the importance and benefit of screening mammography.
22The Department shall work with experts in breast cancer
23outreach and patient navigation to optimize these reminders and
24shall establish a methodology for evaluating their
25effectiveness and modifying the methodology based on the
26evaluation.

 

 

HB5540 Engrossed- 924 -LRB099 16003 AMC 40320 b

1    The Department shall establish a performance goal for
2primary care providers with respect to their female patients
3over age 40 receiving an annual mammogram. This performance
4goal shall be used to provide additional reimbursement in the
5form of a quality performance bonus to primary care providers
6who meet that goal.
7    The Department shall devise a means of case-managing or
8patient navigation for beneficiaries diagnosed with breast
9cancer. This program shall initially operate as a pilot program
10in areas of the State with the highest incidence of mortality
11related to breast cancer. At least one pilot program site shall
12be in the metropolitan Chicago area and at least one site shall
13be outside the metropolitan Chicago area. On or after July 1,
142016, the pilot program shall be expanded to include one site
15in western Illinois, one site in southern Illinois, one site in
16central Illinois, and 4 sites within metropolitan Chicago. An
17evaluation of the pilot program shall be carried out measuring
18health outcomes and cost of care for those served by the pilot
19program compared to similarly situated patients who are not
20served by the pilot program.
21    The Department shall require all networks of care to
22develop a means either internally or by contract with experts
23in navigation and community outreach to navigate cancer
24patients to comprehensive care in a timely fashion. The
25Department shall require all networks of care to include access
26for patients diagnosed with cancer to at least one academic

 

 

HB5540 Engrossed- 925 -LRB099 16003 AMC 40320 b

1commission on cancer-accredited cancer program as an
2in-network covered benefit.
3    Any medical or health care provider shall immediately
4recommend, to any pregnant woman who is being provided prenatal
5services and is suspected of drug abuse or is addicted as
6defined in the Alcoholism and Other Drug Abuse and Dependency
7Act, referral to a local substance abuse treatment provider
8licensed by the Department of Human Services or to a licensed
9hospital which provides substance abuse treatment services.
10The Department of Healthcare and Family Services shall assure
11coverage for the cost of treatment of the drug abuse or
12addiction for pregnant recipients in accordance with the
13Illinois Medicaid Program in conjunction with the Department of
14Human Services.
15    All medical providers providing medical assistance to
16pregnant women under this Code shall receive information from
17the Department on the availability of services under the Drug
18Free Families with a Future or any comparable program providing
19case management services for addicted women, including
20information on appropriate referrals for other social services
21that may be needed by addicted women in addition to treatment
22for addiction.
23    The Illinois Department, in cooperation with the
24Departments of Human Services (as successor to the Department
25of Alcoholism and Substance Abuse) and Public Health, through a
26public awareness campaign, may provide information concerning

 

 

HB5540 Engrossed- 926 -LRB099 16003 AMC 40320 b

1treatment for alcoholism and drug abuse and addiction, prenatal
2health care, and other pertinent programs directed at reducing
3the number of drug-affected infants born to recipients of
4medical assistance.
5    Neither the Department of Healthcare and Family Services
6nor the Department of Human Services shall sanction the
7recipient solely on the basis of her substance abuse.
8    The Illinois Department shall establish such regulations
9governing the dispensing of health services under this Article
10as it shall deem appropriate. The Department should seek the
11advice of formal professional advisory committees appointed by
12the Director of the Illinois Department for the purpose of
13providing regular advice on policy and administrative matters,
14information dissemination and educational activities for
15medical and health care providers, and consistency in
16procedures to the Illinois Department.
17    The Illinois Department may develop and contract with
18Partnerships of medical providers to arrange medical services
19for persons eligible under Section 5-2 of this Code.
20Implementation of this Section may be by demonstration projects
21in certain geographic areas. The Partnership shall be
22represented by a sponsor organization. The Department, by rule,
23shall develop qualifications for sponsors of Partnerships.
24Nothing in this Section shall be construed to require that the
25sponsor organization be a medical organization.
26    The sponsor must negotiate formal written contracts with

 

 

HB5540 Engrossed- 927 -LRB099 16003 AMC 40320 b

1medical providers for physician services, inpatient and
2outpatient hospital care, home health services, treatment for
3alcoholism and substance abuse, and other services determined
4necessary by the Illinois Department by rule for delivery by
5Partnerships. Physician services must include prenatal and
6obstetrical care. The Illinois Department shall reimburse
7medical services delivered by Partnership providers to clients
8in target areas according to provisions of this Article and the
9Illinois Health Finance Reform Act, except that:
10        (1) Physicians participating in a Partnership and
11    providing certain services, which shall be determined by
12    the Illinois Department, to persons in areas covered by the
13    Partnership may receive an additional surcharge for such
14    services.
15        (2) The Department may elect to consider and negotiate
16    financial incentives to encourage the development of
17    Partnerships and the efficient delivery of medical care.
18        (3) Persons receiving medical services through
19    Partnerships may receive medical and case management
20    services above the level usually offered through the
21    medical assistance program.
22    Medical providers shall be required to meet certain
23qualifications to participate in Partnerships to ensure the
24delivery of high quality medical services. These
25qualifications shall be determined by rule of the Illinois
26Department and may be higher than qualifications for

 

 

HB5540 Engrossed- 928 -LRB099 16003 AMC 40320 b

1participation in the medical assistance program. Partnership
2sponsors may prescribe reasonable additional qualifications
3for participation by medical providers, only with the prior
4written approval of the Illinois Department.
5    Nothing in this Section shall limit the free choice of
6practitioners, hospitals, and other providers of medical
7services by clients. In order to ensure patient freedom of
8choice, the Illinois Department shall immediately promulgate
9all rules and take all other necessary actions so that provided
10services may be accessed from therapeutically certified
11optometrists to the full extent of the Illinois Optometric
12Practice Act of 1987 without discriminating between service
13providers.
14    The Department shall apply for a waiver from the United
15States Health Care Financing Administration to allow for the
16implementation of Partnerships under this Section.
17    The Illinois Department shall require health care
18providers to maintain records that document the medical care
19and services provided to recipients of Medical Assistance under
20this Article. Such records must be retained for a period of not
21less than 6 years from the date of service or as provided by
22applicable State law, whichever period is longer, except that
23if an audit is initiated within the required retention period
24then the records must be retained until the audit is completed
25and every exception is resolved. The Illinois Department shall
26require health care providers to make available, when

 

 

HB5540 Engrossed- 929 -LRB099 16003 AMC 40320 b

1authorized by the patient, in writing, the medical records in a
2timely fashion to other health care providers who are treating
3or serving persons eligible for Medical Assistance under this
4Article. All dispensers of medical services shall be required
5to maintain and retain business and professional records
6sufficient to fully and accurately document the nature, scope,
7details and receipt of the health care provided to persons
8eligible for medical assistance under this Code, in accordance
9with regulations promulgated by the Illinois Department. The
10rules and regulations shall require that proof of the receipt
11of prescription drugs, dentures, prosthetic devices and
12eyeglasses by eligible persons under this Section accompany
13each claim for reimbursement submitted by the dispenser of such
14medical services. No such claims for reimbursement shall be
15approved for payment by the Illinois Department without such
16proof of receipt, unless the Illinois Department shall have put
17into effect and shall be operating a system of post-payment
18audit and review which shall, on a sampling basis, be deemed
19adequate by the Illinois Department to assure that such drugs,
20dentures, prosthetic devices and eyeglasses for which payment
21is being made are actually being received by eligible
22recipients. Within 90 days after September 16, 1984 (the
23effective date of Public Act 83-1439) this amendatory Act of
241984, the Illinois Department shall establish a current list of
25acquisition costs for all prosthetic devices and any other
26items recognized as medical equipment and supplies

 

 

HB5540 Engrossed- 930 -LRB099 16003 AMC 40320 b

1reimbursable under this Article and shall update such list on a
2quarterly basis, except that the acquisition costs of all
3prescription drugs shall be updated no less frequently than
4every 30 days as required by Section 5-5.12.
5    The rules and regulations of the Illinois Department shall
6require that a written statement including the required opinion
7of a physician shall accompany any claim for reimbursement for
8abortions, or induced miscarriages or premature births. This
9statement shall indicate what procedures were used in providing
10such medical services.
11    Notwithstanding any other law to the contrary, the Illinois
12Department shall, within 365 days after July 22, 2013 (the
13effective date of Public Act 98-104), establish procedures to
14permit skilled care facilities licensed under the Nursing Home
15Care Act to submit monthly billing claims for reimbursement
16purposes. Following development of these procedures, the
17Department shall, by July 1, 2016, test the viability of the
18new system and implement any necessary operational or
19structural changes to its information technology platforms in
20order to allow for the direct acceptance and payment of nursing
21home claims.
22    Notwithstanding any other law to the contrary, the Illinois
23Department shall, within 365 days after August 15, 2014 (the
24effective date of Public Act 98-963), establish procedures to
25permit ID/DD facilities licensed under the ID/DD Community Care
26Act and MC/DD facilities licensed under the MC/DD Act to submit

 

 

HB5540 Engrossed- 931 -LRB099 16003 AMC 40320 b

1monthly billing claims for reimbursement purposes. Following
2development of these procedures, the Department shall have an
3additional 365 days to test the viability of the new system and
4to ensure that any necessary operational or structural changes
5to its information technology platforms are implemented.
6    The Illinois Department shall require all dispensers of
7medical services, other than an individual practitioner or
8group of practitioners, desiring to participate in the Medical
9Assistance program established under this Article to disclose
10all financial, beneficial, ownership, equity, surety or other
11interests in any and all firms, corporations, partnerships,
12associations, business enterprises, joint ventures, agencies,
13institutions or other legal entities providing any form of
14health care services in this State under this Article.
15    The Illinois Department may require that all dispensers of
16medical services desiring to participate in the medical
17assistance program established under this Article disclose,
18under such terms and conditions as the Illinois Department may
19by rule establish, all inquiries from clients and attorneys
20regarding medical bills paid by the Illinois Department, which
21inquiries could indicate potential existence of claims or liens
22for the Illinois Department.
23    Enrollment of a vendor shall be subject to a provisional
24period and shall be conditional for one year. During the period
25of conditional enrollment, the Department may terminate the
26vendor's eligibility to participate in, or may disenroll the

 

 

HB5540 Engrossed- 932 -LRB099 16003 AMC 40320 b

1vendor from, the medical assistance program without cause.
2Unless otherwise specified, such termination of eligibility or
3disenrollment is not subject to the Department's hearing
4process. However, a disenrolled vendor may reapply without
5penalty.
6    The Department has the discretion to limit the conditional
7enrollment period for vendors based upon category of risk of
8the vendor.
9    Prior to enrollment and during the conditional enrollment
10period in the medical assistance program, all vendors shall be
11subject to enhanced oversight, screening, and review based on
12the risk of fraud, waste, and abuse that is posed by the
13category of risk of the vendor. The Illinois Department shall
14establish the procedures for oversight, screening, and review,
15which may include, but need not be limited to: criminal and
16financial background checks; fingerprinting; license,
17certification, and authorization verifications; unscheduled or
18unannounced site visits; database checks; prepayment audit
19reviews; audits; payment caps; payment suspensions; and other
20screening as required by federal or State law.
21    The Department shall define or specify the following: (i)
22by provider notice, the "category of risk of the vendor" for
23each type of vendor, which shall take into account the level of
24screening applicable to a particular category of vendor under
25federal law and regulations; (ii) by rule or provider notice,
26the maximum length of the conditional enrollment period for

 

 

HB5540 Engrossed- 933 -LRB099 16003 AMC 40320 b

1each category of risk of the vendor; and (iii) by rule, the
2hearing rights, if any, afforded to a vendor in each category
3of risk of the vendor that is terminated or disenrolled during
4the conditional enrollment period.
5    To be eligible for payment consideration, a vendor's
6payment claim or bill, either as an initial claim or as a
7resubmitted claim following prior rejection, must be received
8by the Illinois Department, or its fiscal intermediary, no
9later than 180 days after the latest date on the claim on which
10medical goods or services were provided, with the following
11exceptions:
12        (1) In the case of a provider whose enrollment is in
13    process by the Illinois Department, the 180-day period
14    shall not begin until the date on the written notice from
15    the Illinois Department that the provider enrollment is
16    complete.
17        (2) In the case of errors attributable to the Illinois
18    Department or any of its claims processing intermediaries
19    which result in an inability to receive, process, or
20    adjudicate a claim, the 180-day period shall not begin
21    until the provider has been notified of the error.
22        (3) In the case of a provider for whom the Illinois
23    Department initiates the monthly billing process.
24        (4) In the case of a provider operated by a unit of
25    local government with a population exceeding 3,000,000
26    when local government funds finance federal participation

 

 

HB5540 Engrossed- 934 -LRB099 16003 AMC 40320 b

1    for claims payments.
2    For claims for services rendered during a period for which
3a recipient received retroactive eligibility, claims must be
4filed within 180 days after the Department determines the
5applicant is eligible. For claims for which the Illinois
6Department is not the primary payer, claims must be submitted
7to the Illinois Department within 180 days after the final
8adjudication by the primary payer.
9    In the case of long term care facilities, within 5 days of
10receipt by the facility of required prescreening information,
11data for new admissions shall be entered into the Medical
12Electronic Data Interchange (MEDI) or the Recipient
13Eligibility Verification (REV) System or successor system, and
14within 15 days of receipt by the facility of required
15prescreening information, admission documents shall be
16submitted through MEDI or REV or shall be submitted directly to
17the Department of Human Services using required admission
18forms. Effective September 1, 2014, admission documents,
19including all prescreening information, must be submitted
20through MEDI or REV. Confirmation numbers assigned to an
21accepted transaction shall be retained by a facility to verify
22timely submittal. Once an admission transaction has been
23completed, all resubmitted claims following prior rejection
24are subject to receipt no later than 180 days after the
25admission transaction has been completed.
26    Claims that are not submitted and received in compliance

 

 

HB5540 Engrossed- 935 -LRB099 16003 AMC 40320 b

1with the foregoing requirements shall not be eligible for
2payment under the medical assistance program, and the State
3shall have no liability for payment of those claims.
4    To the extent consistent with applicable information and
5privacy, security, and disclosure laws, State and federal
6agencies and departments shall provide the Illinois Department
7access to confidential and other information and data necessary
8to perform eligibility and payment verifications and other
9Illinois Department functions. This includes, but is not
10limited to: information pertaining to licensure;
11certification; earnings; immigration status; citizenship; wage
12reporting; unearned and earned income; pension income;
13employment; supplemental security income; social security
14numbers; National Provider Identifier (NPI) numbers; the
15National Practitioner Data Bank (NPDB); program and agency
16exclusions; taxpayer identification numbers; tax delinquency;
17corporate information; and death records.
18    The Illinois Department shall enter into agreements with
19State agencies and departments, and is authorized to enter into
20agreements with federal agencies and departments, under which
21such agencies and departments shall share data necessary for
22medical assistance program integrity functions and oversight.
23The Illinois Department shall develop, in cooperation with
24other State departments and agencies, and in compliance with
25applicable federal laws and regulations, appropriate and
26effective methods to share such data. At a minimum, and to the

 

 

HB5540 Engrossed- 936 -LRB099 16003 AMC 40320 b

1extent necessary to provide data sharing, the Illinois
2Department shall enter into agreements with State agencies and
3departments, and is authorized to enter into agreements with
4federal agencies and departments, including but not limited to:
5the Secretary of State; the Department of Revenue; the
6Department of Public Health; the Department of Human Services;
7and the Department of Financial and Professional Regulation.
8    Beginning in fiscal year 2013, the Illinois Department
9shall set forth a request for information to identify the
10benefits of a pre-payment, post-adjudication, and post-edit
11claims system with the goals of streamlining claims processing
12and provider reimbursement, reducing the number of pending or
13rejected claims, and helping to ensure a more transparent
14adjudication process through the utilization of: (i) provider
15data verification and provider screening technology; and (ii)
16clinical code editing; and (iii) pre-pay, pre- or
17post-adjudicated predictive modeling with an integrated case
18management system with link analysis. Such a request for
19information shall not be considered as a request for proposal
20or as an obligation on the part of the Illinois Department to
21take any action or acquire any products or services.
22    The Illinois Department shall establish policies,
23procedures, standards and criteria by rule for the acquisition,
24repair and replacement of orthotic and prosthetic devices and
25durable medical equipment. Such rules shall provide, but not be
26limited to, the following services: (1) immediate repair or

 

 

HB5540 Engrossed- 937 -LRB099 16003 AMC 40320 b

1replacement of such devices by recipients; and (2) rental,
2lease, purchase or lease-purchase of durable medical equipment
3in a cost-effective manner, taking into consideration the
4recipient's medical prognosis, the extent of the recipient's
5needs, and the requirements and costs for maintaining such
6equipment. Subject to prior approval, such rules shall enable a
7recipient to temporarily acquire and use alternative or
8substitute devices or equipment pending repairs or
9replacements of any device or equipment previously authorized
10for such recipient by the Department.
11    The Department shall execute, relative to the nursing home
12prescreening project, written inter-agency agreements with the
13Department of Human Services and the Department on Aging, to
14effect the following: (i) intake procedures and common
15eligibility criteria for those persons who are receiving
16non-institutional services; and (ii) the establishment and
17development of non-institutional services in areas of the State
18where they are not currently available or are undeveloped; and
19(iii) notwithstanding any other provision of law, subject to
20federal approval, on and after July 1, 2012, an increase in the
21determination of need (DON) scores from 29 to 37 for applicants
22for institutional and home and community-based long term care;
23if and only if federal approval is not granted, the Department
24may, in conjunction with other affected agencies, implement
25utilization controls or changes in benefit packages to
26effectuate a similar savings amount for this population; and

 

 

HB5540 Engrossed- 938 -LRB099 16003 AMC 40320 b

1(iv) no later than July 1, 2013, minimum level of care
2eligibility criteria for institutional and home and
3community-based long term care; and (v) no later than October
41, 2013, establish procedures to permit long term care
5providers access to eligibility scores for individuals with an
6admission date who are seeking or receiving services from the
7long term care provider. In order to select the minimum level
8of care eligibility criteria, the Governor shall establish a
9workgroup that includes affected agency representatives and
10stakeholders representing the institutional and home and
11community-based long term care interests. This Section shall
12not restrict the Department from implementing lower level of
13care eligibility criteria for community-based services in
14circumstances where federal approval has been granted.
15    The Illinois Department shall develop and operate, in
16cooperation with other State Departments and agencies and in
17compliance with applicable federal laws and regulations,
18appropriate and effective systems of health care evaluation and
19programs for monitoring of utilization of health care services
20and facilities, as it affects persons eligible for medical
21assistance under this Code.
22    The Illinois Department shall report annually to the
23General Assembly, no later than the second Friday in April of
241979 and each year thereafter, in regard to:
25        (a) actual statistics and trends in utilization of
26    medical services by public aid recipients;

 

 

HB5540 Engrossed- 939 -LRB099 16003 AMC 40320 b

1        (b) actual statistics and trends in the provision of
2    the various medical services by medical vendors;
3        (c) current rate structures and proposed changes in
4    those rate structures for the various medical vendors; and
5        (d) efforts at utilization review and control by the
6    Illinois Department.
7    The period covered by each report shall be the 3 years
8ending on the June 30 prior to the report. The report shall
9include suggested legislation for consideration by the General
10Assembly. The filing of one copy of the report with the
11Speaker, one copy with the Minority Leader and one copy with
12the Clerk of the House of Representatives, one copy with the
13President, one copy with the Minority Leader and one copy with
14the Secretary of the Senate, one copy with the Legislative
15Research Unit, and such additional copies with the State
16Government Report Distribution Center for the General Assembly
17as is required under paragraph (t) of Section 7 of the State
18Library Act shall be deemed sufficient to comply with this
19Section.
20    Rulemaking authority to implement Public Act 95-1045, if
21any, is conditioned on the rules being adopted in accordance
22with all provisions of the Illinois Administrative Procedure
23Act and all rules and procedures of the Joint Committee on
24Administrative Rules; any purported rule not so adopted, for
25whatever reason, is unauthorized.
26    On and after July 1, 2012, the Department shall reduce any

 

 

HB5540 Engrossed- 940 -LRB099 16003 AMC 40320 b

1rate of reimbursement for services or other payments or alter
2any methodologies authorized by this Code to reduce any rate of
3reimbursement for services or other payments in accordance with
4Section 5-5e.
5    Because kidney transplantation can be an appropriate, cost
6effective alternative to renal dialysis when medically
7necessary and notwithstanding the provisions of Section 1-11 of
8this Code, beginning October 1, 2014, the Department shall
9cover kidney transplantation for noncitizens with end-stage
10renal disease who are not eligible for comprehensive medical
11benefits, who meet the residency requirements of Section 5-3 of
12this Code, and who would otherwise meet the financial
13requirements of the appropriate class of eligible persons under
14Section 5-2 of this Code. To qualify for coverage of kidney
15transplantation, such person must be receiving emergency renal
16dialysis services covered by the Department. Providers under
17this Section shall be prior approved and certified by the
18Department to perform kidney transplantation and the services
19under this Section shall be limited to services associated with
20kidney transplantation.
21    Notwithstanding any other provision of this Code to the
22contrary, on or after July 1, 2015, all FDA approved forms of
23medication assisted treatment prescribed for the treatment of
24alcohol dependence or treatment of opioid dependence shall be
25covered under both fee for service and managed care medical
26assistance programs for persons who are otherwise eligible for

 

 

HB5540 Engrossed- 941 -LRB099 16003 AMC 40320 b

1medical assistance under this Article and shall not be subject
2to any (1) utilization control, other than those established
3under the American Society of Addiction Medicine patient
4placement criteria, (2) prior authorization mandate, or (3)
5lifetime restriction limit mandate.
6    On or after July 1, 2015, opioid antagonists prescribed for
7the treatment of an opioid overdose, including the medication
8product, administration devices, and any pharmacy fees related
9to the dispensing and administration of the opioid antagonist,
10shall be covered under the medical assistance program for
11persons who are otherwise eligible for medical assistance under
12this Article. As used in this Section, "opioid antagonist"
13means a drug that binds to opioid receptors and blocks or
14inhibits the effect of opioids acting on those receptors,
15including, but not limited to, naloxone hydrochloride or any
16other similarly acting drug approved by the U.S. Food and Drug
17Administration.
18(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
1998-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
208-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
21eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
2299-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-433, eff.
238-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)
 
24    (Text of Section after amendment by P.A. 99-407)
25    Sec. 5-5. Medical services. The Illinois Department, by

 

 

HB5540 Engrossed- 942 -LRB099 16003 AMC 40320 b

1rule, shall determine the quantity and quality of and the rate
2of reimbursement for the medical assistance for which payment
3will be authorized, and the medical services to be provided,
4which may include all or part of the following: (1) inpatient
5hospital services; (2) outpatient hospital services; (3) other
6laboratory and X-ray services; (4) skilled nursing home
7services; (5) physicians' services whether furnished in the
8office, the patient's home, a hospital, a skilled nursing home,
9or elsewhere; (6) medical care, or any other type of remedial
10care furnished by licensed practitioners; (7) home health care
11services; (8) private duty nursing service; (9) clinic
12services; (10) dental services, including prevention and
13treatment of periodontal disease and dental caries disease for
14pregnant women, provided by an individual licensed to practice
15dentistry or dental surgery; for purposes of this item (10),
16"dental services" means diagnostic, preventive, or corrective
17procedures provided by or under the supervision of a dentist in
18the practice of his or her profession; (11) physical therapy
19and related services; (12) prescribed drugs, dentures, and
20prosthetic devices; and eyeglasses prescribed by a physician
21skilled in the diseases of the eye, or by an optometrist,
22whichever the person may select; (13) other diagnostic,
23screening, preventive, and rehabilitative services, including
24to ensure that the individual's need for intervention or
25treatment of mental disorders or substance use disorders or
26co-occurring mental health and substance use disorders is

 

 

HB5540 Engrossed- 943 -LRB099 16003 AMC 40320 b

1determined using a uniform screening, assessment, and
2evaluation process inclusive of criteria, for children and
3adults; for purposes of this item (13), a uniform screening,
4assessment, and evaluation process refers to a process that
5includes an appropriate evaluation and, as warranted, a
6referral; "uniform" does not mean the use of a singular
7instrument, tool, or process that all must utilize; (14)
8transportation and such other expenses as may be necessary;
9(15) medical treatment of sexual assault survivors, as defined
10in Section 1a of the Sexual Assault Survivors Emergency
11Treatment Act, for injuries sustained as a result of the sexual
12assault, including examinations and laboratory tests to
13discover evidence which may be used in criminal proceedings
14arising from the sexual assault; (16) the diagnosis and
15treatment of sickle cell anemia; and (17) any other medical
16care, and any other type of remedial care recognized under the
17laws of this State, but not including abortions, or induced
18miscarriages or premature births, unless, in the opinion of a
19physician, such procedures are necessary for the preservation
20of the life of the woman seeking such treatment, or except an
21induced premature birth intended to produce a live viable child
22and such procedure is necessary for the health of the mother or
23her unborn child. The Illinois Department, by rule, shall
24prohibit any physician from providing medical assistance to
25anyone eligible therefor under this Code where such physician
26has been found guilty of performing an abortion procedure in a

 

 

HB5540 Engrossed- 944 -LRB099 16003 AMC 40320 b

1wilful and wanton manner upon a woman who was not pregnant at
2the time such abortion procedure was performed. The term "any
3other type of remedial care" shall include nursing care and
4nursing home service for persons who rely on treatment by
5spiritual means alone through prayer for healing.
6    Notwithstanding any other provision of this Section, a
7comprehensive tobacco use cessation program that includes
8purchasing prescription drugs or prescription medical devices
9approved by the Food and Drug Administration shall be covered
10under the medical assistance program under this Article for
11persons who are otherwise eligible for assistance under this
12Article.
13    Notwithstanding any other provision of this Code, the
14Illinois Department may not require, as a condition of payment
15for any laboratory test authorized under this Article, that a
16physician's handwritten signature appear on the laboratory
17test order form. The Illinois Department may, however, impose
18other appropriate requirements regarding laboratory test order
19documentation.
20    Upon receipt of federal approval of an amendment to the
21Illinois Title XIX State Plan for this purpose, the Department
22shall authorize the Chicago Public Schools (CPS) to procure a
23vendor or vendors to manufacture eyeglasses for individuals
24enrolled in a school within the CPS system. CPS shall ensure
25that its vendor or vendors are enrolled as providers in the
26medical assistance program and in any capitated Medicaid

 

 

HB5540 Engrossed- 945 -LRB099 16003 AMC 40320 b

1managed care entity (MCE) serving individuals enrolled in a
2school within the CPS system. Under any contract procured under
3this provision, the vendor or vendors must serve only
4individuals enrolled in a school within the CPS system. Claims
5for services provided by CPS's vendor or vendors to recipients
6of benefits in the medical assistance program under this Code,
7the Children's Health Insurance Program, or the Covering ALL
8KIDS Health Insurance Program shall be submitted to the
9Department or the MCE in which the individual is enrolled for
10payment and shall be reimbursed at the Department's or the
11MCE's established rates or rate methodologies for eyeglasses.
12    On and after July 1, 2012, the Department of Healthcare and
13Family Services may provide the following services to persons
14eligible for assistance under this Article who are
15participating in education, training or employment programs
16operated by the Department of Human Services as successor to
17the Department of Public Aid:
18        (1) dental services provided by or under the
19    supervision of a dentist; and
20        (2) eyeglasses prescribed by a physician skilled in the
21    diseases of the eye, or by an optometrist, whichever the
22    person may select.
23    Notwithstanding any other provision of this Code and
24subject to federal approval, the Department may adopt rules to
25allow a dentist who is volunteering his or her service at no
26cost to render dental services through an enrolled

 

 

HB5540 Engrossed- 946 -LRB099 16003 AMC 40320 b

1not-for-profit health clinic without the dentist personally
2enrolling as a participating provider in the medical assistance
3program. A not-for-profit health clinic shall include a public
4health clinic or Federally Qualified Health Center or other
5enrolled provider, as determined by the Department, through
6which dental services covered under this Section are performed.
7The Department shall establish a process for payment of claims
8for reimbursement for covered dental services rendered under
9this provision.
10    The Illinois Department, by rule, may distinguish and
11classify the medical services to be provided only in accordance
12with the classes of persons designated in Section 5-2.
13    The Department of Healthcare and Family Services must
14provide coverage and reimbursement for amino acid-based
15elemental formulas, regardless of delivery method, for the
16diagnosis and treatment of (i) eosinophilic disorders and (ii)
17short bowel syndrome when the prescribing physician has issued
18a written order stating that the amino acid-based elemental
19formula is medically necessary.
20    The Illinois Department shall authorize the provision of,
21and shall authorize payment for, screening by low-dose
22mammography for the presence of occult breast cancer for women
2335 years of age or older who are eligible for medical
24assistance under this Article, as follows:
25        (A) A baseline mammogram for women 35 to 39 years of
26    age.

 

 

HB5540 Engrossed- 947 -LRB099 16003 AMC 40320 b

1        (B) An annual mammogram for women 40 years of age or
2    older.
3        (C) A mammogram at the age and intervals considered
4    medically necessary by the woman's health care provider for
5    women under 40 years of age and having a family history of
6    breast cancer, prior personal history of breast cancer,
7    positive genetic testing, or other risk factors.
8        (D) A comprehensive ultrasound screening of an entire
9    breast or breasts if a mammogram demonstrates
10    heterogeneous or dense breast tissue, when medically
11    necessary as determined by a physician licensed to practice
12    medicine in all of its branches.
13        (E) A screening MRI when medically necessary, as
14    determined by a physician licensed to practice medicine in
15    all of its branches.
16    All screenings shall include a physical breast exam,
17instruction on self-examination and information regarding the
18frequency of self-examination and its value as a preventative
19tool. For purposes of this Section, "low-dose mammography"
20means the x-ray examination of the breast using equipment
21dedicated specifically for mammography, including the x-ray
22tube, filter, compression device, and image receptor, with an
23average radiation exposure delivery of less than one rad per
24breast for 2 views of an average size breast. The term also
25includes digital mammography and includes breast
26tomosynthesis. As used in this Section, the term "breast

 

 

HB5540 Engrossed- 948 -LRB099 16003 AMC 40320 b

1tomosynthesis" means a radiologic procedure that involves the
2acquisition of projection images over the stationary breast to
3produce cross-sectional digital three-dimensional images of
4the breast.
5    On and after January 1, 2016, the Department shall ensure
6that all networks of care for adult clients of the Department
7include access to at least one breast imaging Center of Imaging
8Excellence as certified by the American College of Radiology.
9    On and after January 1, 2012, providers participating in a
10quality improvement program approved by the Department shall be
11reimbursed for screening and diagnostic mammography at the same
12rate as the Medicare program's rates, including the increased
13reimbursement for digital mammography.
14    The Department shall convene an expert panel including
15representatives of hospitals, free-standing mammography
16facilities, and doctors, including radiologists, to establish
17quality standards for mammography.
18    On and after January 1, 2017, providers participating in a
19breast cancer treatment quality improvement program approved
20by the Department shall be reimbursed for breast cancer
21treatment at a rate that is no lower than 95% of the Medicare
22program's rates for the data elements included in the breast
23cancer treatment quality program.
24    The Department shall convene an expert panel, including
25representatives of hospitals, free standing breast cancer
26treatment centers, breast cancer quality organizations, and

 

 

HB5540 Engrossed- 949 -LRB099 16003 AMC 40320 b

1doctors, including breast surgeons, reconstructive breast
2surgeons, oncologists, and primary care providers to establish
3quality standards for breast cancer treatment.
4    Subject to federal approval, the Department shall
5establish a rate methodology for mammography at federally
6qualified health centers and other encounter-rate clinics.
7These clinics or centers may also collaborate with other
8hospital-based mammography facilities. By January 1, 2016, the
9Department shall report to the General Assembly on the status
10of the provision set forth in this paragraph.
11    The Department shall establish a methodology to remind
12women who are age-appropriate for screening mammography, but
13who have not received a mammogram within the previous 18
14months, of the importance and benefit of screening mammography.
15The Department shall work with experts in breast cancer
16outreach and patient navigation to optimize these reminders and
17shall establish a methodology for evaluating their
18effectiveness and modifying the methodology based on the
19evaluation.
20    The Department shall establish a performance goal for
21primary care providers with respect to their female patients
22over age 40 receiving an annual mammogram. This performance
23goal shall be used to provide additional reimbursement in the
24form of a quality performance bonus to primary care providers
25who meet that goal.
26    The Department shall devise a means of case-managing or

 

 

HB5540 Engrossed- 950 -LRB099 16003 AMC 40320 b

1patient navigation for beneficiaries diagnosed with breast
2cancer. This program shall initially operate as a pilot program
3in areas of the State with the highest incidence of mortality
4related to breast cancer. At least one pilot program site shall
5be in the metropolitan Chicago area and at least one site shall
6be outside the metropolitan Chicago area. On or after July 1,
72016, the pilot program shall be expanded to include one site
8in western Illinois, one site in southern Illinois, one site in
9central Illinois, and 4 sites within metropolitan Chicago. An
10evaluation of the pilot program shall be carried out measuring
11health outcomes and cost of care for those served by the pilot
12program compared to similarly situated patients who are not
13served by the pilot program.
14    The Department shall require all networks of care to
15develop a means either internally or by contract with experts
16in navigation and community outreach to navigate cancer
17patients to comprehensive care in a timely fashion. The
18Department shall require all networks of care to include access
19for patients diagnosed with cancer to at least one academic
20commission on cancer-accredited cancer program as an
21in-network covered benefit.
22    Any medical or health care provider shall immediately
23recommend, to any pregnant woman who is being provided prenatal
24services and is suspected of drug abuse or is addicted as
25defined in the Alcoholism and Other Drug Abuse and Dependency
26Act, referral to a local substance abuse treatment provider

 

 

HB5540 Engrossed- 951 -LRB099 16003 AMC 40320 b

1licensed by the Department of Human Services or to a licensed
2hospital which provides substance abuse treatment services.
3The Department of Healthcare and Family Services shall assure
4coverage for the cost of treatment of the drug abuse or
5addiction for pregnant recipients in accordance with the
6Illinois Medicaid Program in conjunction with the Department of
7Human Services.
8    All medical providers providing medical assistance to
9pregnant women under this Code shall receive information from
10the Department on the availability of services under the Drug
11Free Families with a Future or any comparable program providing
12case management services for addicted women, including
13information on appropriate referrals for other social services
14that may be needed by addicted women in addition to treatment
15for addiction.
16    The Illinois Department, in cooperation with the
17Departments of Human Services (as successor to the Department
18of Alcoholism and Substance Abuse) and Public Health, through a
19public awareness campaign, may provide information concerning
20treatment for alcoholism and drug abuse and addiction, prenatal
21health care, and other pertinent programs directed at reducing
22the number of drug-affected infants born to recipients of
23medical assistance.
24    Neither the Department of Healthcare and Family Services
25nor the Department of Human Services shall sanction the
26recipient solely on the basis of her substance abuse.

 

 

HB5540 Engrossed- 952 -LRB099 16003 AMC 40320 b

1    The Illinois Department shall establish such regulations
2governing the dispensing of health services under this Article
3as it shall deem appropriate. The Department should seek the
4advice of formal professional advisory committees appointed by
5the Director of the Illinois Department for the purpose of
6providing regular advice on policy and administrative matters,
7information dissemination and educational activities for
8medical and health care providers, and consistency in
9procedures to the Illinois Department.
10    The Illinois Department may develop and contract with
11Partnerships of medical providers to arrange medical services
12for persons eligible under Section 5-2 of this Code.
13Implementation of this Section may be by demonstration projects
14in certain geographic areas. The Partnership shall be
15represented by a sponsor organization. The Department, by rule,
16shall develop qualifications for sponsors of Partnerships.
17Nothing in this Section shall be construed to require that the
18sponsor organization be a medical organization.
19    The sponsor must negotiate formal written contracts with
20medical providers for physician services, inpatient and
21outpatient hospital care, home health services, treatment for
22alcoholism and substance abuse, and other services determined
23necessary by the Illinois Department by rule for delivery by
24Partnerships. Physician services must include prenatal and
25obstetrical care. The Illinois Department shall reimburse
26medical services delivered by Partnership providers to clients

 

 

HB5540 Engrossed- 953 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 954 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 955 -LRB099 16003 AMC 40320 b

1eligible for medical assistance under this Code, in accordance
2with regulations promulgated by the Illinois Department. The
3rules and regulations shall require that proof of the receipt
4of prescription drugs, dentures, prosthetic devices and
5eyeglasses by eligible persons under this Section accompany
6each claim for reimbursement submitted by the dispenser of such
7medical services. No such claims for reimbursement shall be
8approved for payment by the Illinois Department without such
9proof of receipt, unless the Illinois Department shall have put
10into effect and shall be operating a system of post-payment
11audit and review which shall, on a sampling basis, be deemed
12adequate by the Illinois Department to assure that such drugs,
13dentures, prosthetic devices and eyeglasses for which payment
14is being made are actually being received by eligible
15recipients. Within 90 days after September 16, 1984 (the
16effective date of Public Act 83-1439) this amendatory Act of
171984, the Illinois Department shall establish a current list of
18acquisition costs for all prosthetic devices and any other
19items recognized as medical equipment and supplies
20reimbursable under this Article and shall update such list on a
21quarterly basis, except that the acquisition costs of all
22prescription drugs shall be updated no less frequently than
23every 30 days as required by Section 5-5.12.
24    The rules and regulations of the Illinois Department shall
25require that a written statement including the required opinion
26of a physician shall accompany any claim for reimbursement for

 

 

HB5540 Engrossed- 956 -LRB099 16003 AMC 40320 b

1abortions, or induced miscarriages or premature births. This
2statement shall indicate what procedures were used in providing
3such medical services.
4    Notwithstanding any other law to the contrary, the Illinois
5Department shall, within 365 days after July 22, 2013 (the
6effective date of Public Act 98-104), establish procedures to
7permit skilled care facilities licensed under the Nursing Home
8Care Act to submit monthly billing claims for reimbursement
9purposes. Following development of these procedures, the
10Department shall, by July 1, 2016, test the viability of the
11new system and implement any necessary operational or
12structural changes to its information technology platforms in
13order to allow for the direct acceptance and payment of nursing
14home claims.
15    Notwithstanding any other law to the contrary, the Illinois
16Department shall, within 365 days after August 15, 2014 (the
17effective date of Public Act 98-963), establish procedures to
18permit ID/DD facilities licensed under the ID/DD Community Care
19Act and MC/DD facilities licensed under the MC/DD Act to submit
20monthly billing claims for reimbursement purposes. Following
21development of these procedures, the Department shall have an
22additional 365 days to test the viability of the new system and
23to ensure that any necessary operational or structural changes
24to its information technology platforms are implemented.
25    The Illinois Department shall require all dispensers of
26medical services, other than an individual practitioner or

 

 

HB5540 Engrossed- 957 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 958 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 959 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 960 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 961 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 962 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 963 -LRB099 16003 AMC 40320 b

1substitute devices or equipment pending repairs or
2replacements of any device or equipment previously authorized
3for such recipient by the Department.
4    The Department shall execute, relative to the nursing home
5prescreening project, written inter-agency agreements with the
6Department of Human Services and the Department on Aging, to
7effect the following: (i) intake procedures and common
8eligibility criteria for those persons who are receiving
9non-institutional services; and (ii) the establishment and
10development of non-institutional services in areas of the State
11where they are not currently available or are undeveloped; and
12(iii) notwithstanding any other provision of law, subject to
13federal approval, on and after July 1, 2012, an increase in the
14determination of need (DON) scores from 29 to 37 for applicants
15for institutional and home and community-based long term care;
16if and only if federal approval is not granted, the Department
17may, in conjunction with other affected agencies, implement
18utilization controls or changes in benefit packages to
19effectuate a similar savings amount for this population; and
20(iv) no later than July 1, 2013, minimum level of care
21eligibility criteria for institutional and home and
22community-based long term care; and (v) no later than October
231, 2013, establish procedures to permit long term care
24providers access to eligibility scores for individuals with an
25admission date who are seeking or receiving services from the
26long term care provider. In order to select the minimum level

 

 

HB5540 Engrossed- 964 -LRB099 16003 AMC 40320 b

1of care eligibility criteria, the Governor shall establish a
2workgroup that includes affected agency representatives and
3stakeholders representing the institutional and home and
4community-based long term care interests. This Section shall
5not restrict the Department from implementing lower level of
6care eligibility criteria for community-based services in
7circumstances where federal approval has been granted.
8    The Illinois Department shall develop and operate, in
9cooperation with other State Departments and agencies and in
10compliance with applicable federal laws and regulations,
11appropriate and effective systems of health care evaluation and
12programs for monitoring of utilization of health care services
13and facilities, as it affects persons eligible for medical
14assistance under this Code.
15    The Illinois Department shall report annually to the
16General Assembly, no later than the second Friday in April of
171979 and each year thereafter, in regard to:
18        (a) actual statistics and trends in utilization of
19    medical services by public aid recipients;
20        (b) actual statistics and trends in the provision of
21    the various medical services by medical vendors;
22        (c) current rate structures and proposed changes in
23    those rate structures for the various medical vendors; and
24        (d) efforts at utilization review and control by the
25    Illinois Department.
26    The period covered by each report shall be the 3 years

 

 

HB5540 Engrossed- 965 -LRB099 16003 AMC 40320 b

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

 

 

HB5540 Engrossed- 966 -LRB099 16003 AMC 40320 b

1this Code, beginning October 1, 2014, the Department shall
2cover kidney transplantation for noncitizens with end-stage
3renal disease who are not eligible for comprehensive medical
4benefits, who meet the residency requirements of Section 5-3 of
5this Code, and who would otherwise meet the financial
6requirements of the appropriate class of eligible persons under
7Section 5-2 of this Code. To qualify for coverage of kidney
8transplantation, such person must be receiving emergency renal
9dialysis services covered by the Department. Providers under
10this Section shall be prior approved and certified by the
11Department to perform kidney transplantation and the services
12under this Section shall be limited to services associated with
13kidney transplantation.
14    Notwithstanding any other provision of this Code to the
15contrary, on or after July 1, 2015, all FDA approved forms of
16medication assisted treatment prescribed for the treatment of
17alcohol dependence or treatment of opioid dependence shall be
18covered under both fee for service and managed care medical
19assistance programs for persons who are otherwise eligible for
20medical assistance under this Article and shall not be subject
21to any (1) utilization control, other than those established
22under the American Society of Addiction Medicine patient
23placement criteria, (2) prior authorization mandate, or (3)
24lifetime restriction limit mandate.
25    On or after July 1, 2015, opioid antagonists prescribed for
26the treatment of an opioid overdose, including the medication

 

 

HB5540 Engrossed- 967 -LRB099 16003 AMC 40320 b

1product, administration devices, and any pharmacy fees related
2to the dispensing and administration of the opioid antagonist,
3shall be covered under the medical assistance program for
4persons who are otherwise eligible for medical assistance under
5this Article. As used in this Section, "opioid antagonist"
6means a drug that binds to opioid receptors and blocks or
7inhibits the effect of opioids acting on those receptors,
8including, but not limited to, naloxone hydrochloride or any
9other similarly acting drug approved by the U.S. Food and Drug
10Administration.
11(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
1298-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
138-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
14eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
1599-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section
1699 of P.A. 99-407 for its effective date); 99-433, eff.
178-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)
 
18    (305 ILCS 5/5-5e)
19    Sec. 5-5e. Adjusted rates of reimbursement.
20    (a) Rates or payments for services in effect on June 30,
212012 shall be adjusted and services shall be affected as
22required by any other provision of Public Act 97-689 this
23amendatory Act of the 97th General Assembly. In addition, the
24Department shall do the following:
25        (1) Delink the per diem rate paid for supportive living

 

 

HB5540 Engrossed- 968 -LRB099 16003 AMC 40320 b

1    facility services from the per diem rate paid for nursing
2    facility services, effective for services provided on or
3    after May 1, 2011.
4        (2) Cease payment for bed reserves in nursing
5    facilities and specialized mental health rehabilitation
6    facilities; for purposes of therapeutic home visits for
7    individuals scoring as TBI on the MDS 3.0, beginning June
8    1, 2015, the Department shall approve payments for bed
9    reserves in nursing facilities and specialized mental
10    health rehabilitation facilities that have at least a 90%
11    occupancy level and at least 80% of their residents are
12    Medicaid eligible. Payment shall be at a daily rate of 75%
13    of an individual's current Medicaid per diem and shall not
14    exceed 10 days in a calendar month.
15        (2.5) Cease payment for bed reserves for purposes of
16    inpatient hospitalizations to intermediate care facilities
17    for persons with development disabilities, except in the
18    instance of residents who are under 21 years of age.
19        (3) Cease payment of the $10 per day add-on payment to
20    nursing facilities for certain residents with
21    developmental disabilities.
22    (b) After the application of subsection (a),
23notwithstanding any other provision of this Code to the
24contrary and to the extent permitted by federal law, on and
25after July 1, 2012, the rates of reimbursement for services and
26other payments provided under this Code shall further be

 

 

HB5540 Engrossed- 969 -LRB099 16003 AMC 40320 b

1reduced as follows:
2        (1) Rates or payments for physician services, dental
3    services, or community health center services reimbursed
4    through an encounter rate, and services provided under the
5    Medicaid Rehabilitation Option of the Illinois Title XIX
6    State Plan shall not be further reduced, except as provided
7    in Section 5-5b.1.
8        (2) Rates or payments, or the portion thereof, paid to
9    a provider that is operated by a unit of local government
10    or State University that provides the non-federal share of
11    such services shall not be further reduced, except as
12    provided in Section 5-5b.1.
13        (3) Rates or payments for hospital services delivered
14    by a hospital defined as a Safety-Net Hospital under
15    Section 5-5e.1 of this Code shall not be further reduced,
16    except as provided in Section 5-5b.1.
17        (4) Rates or payments for hospital services delivered
18    by a Critical Access Hospital, which is an Illinois
19    hospital designated as a critical care hospital by the
20    Department of Public Health in accordance with 42 CFR 485,
21    Subpart F, shall not be further reduced, except as provided
22    in Section 5-5b.1.
23        (5) Rates or payments for Nursing Facility Services
24    shall only be further adjusted pursuant to Section 5-5.2 of
25    this Code.
26        (6) Rates or payments for services delivered by long

 

 

HB5540 Engrossed- 970 -LRB099 16003 AMC 40320 b

1    term care facilities licensed under the ID/DD Community
2    Care Act or the MC/DD Act and developmental training
3    services shall not be further reduced.
4        (7) Rates or payments for services provided under
5    capitation rates shall be adjusted taking into
6    consideration the rates reduction and covered services
7    required by Public Act 97-689 this amendatory Act of the
8    97th General Assembly.
9        (8) For hospitals not previously described in this
10    subsection, the rates or payments for hospital services
11    shall be further reduced by 3.5%, except for payments
12    authorized under Section 5A-12.4 of this Code.
13        (9) For all other rates or payments for services
14    delivered by providers not specifically referenced in
15    paragraphs (1) through (8), rates or payments shall be
16    further reduced by 2.7%.
17    (c) Any assessment imposed by this Code shall continue and
18nothing in this Section shall be construed to cause it to
19cease.
20    (d) Notwithstanding any other provision of this Code to the
21contrary, subject to federal approval under Title XIX of the
22Social Security Act, for dates of service on and after July 1,
232014, rates or payments for services provided for the purpose
24of transitioning children from a hospital to home placement or
25other appropriate setting by a children's community-based
26health care center authorized under the Alternative Health Care

 

 

HB5540 Engrossed- 971 -LRB099 16003 AMC 40320 b

1Delivery Act shall be $683 per day.
2    (e) Notwithstanding any other provision of this Code to the
3contrary, subject to federal approval under Title XIX of the
4Social Security Act, for dates of service on and after July 1,
52014, rates or payments for home health visits shall be $72.
6    (f) Notwithstanding any other provision of this Code to the
7contrary, subject to federal approval under Title XIX of the
8Social Security Act, for dates of service on and after July 1,
92014, rates or payments for the certified nursing assistant
10component of the home health agency rate shall be $20.
11(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
1298-1166, eff. 6-1-15; 99-2, eff. 3-26-15; 99-180, eff. 7-29-15;
13revised 10-21-15.)
 
14    (305 ILCS 5/5-16.8)
15    Sec. 5-16.8. Required health benefits. The medical
16assistance program shall (i) provide the post-mastectomy care
17benefits required to be covered by a policy of accident and
18health insurance under Section 356t and the coverage required
19under Sections 356g.5, 356u, 356w, 356x, and 356z.6 of the
20Illinois Insurance Code and (ii) be subject to the provisions
21of Sections 356z.19, 364.01, 370c, and 370c.1 of the Illinois
22Insurance Code.
23    On and after July 1, 2012, the Department shall reduce any
24rate of reimbursement for services or other payments or alter
25any methodologies authorized by this Code to reduce any rate of

 

 

HB5540 Engrossed- 972 -LRB099 16003 AMC 40320 b

1reimbursement for services or other payments in accordance with
2Section 5-5e.
3    To ensure full access to the benefits set forth in this
4Section, on and after January 1, 2016, the Department shall
5ensure that provider and hospital reimbursement for
6post-mastectomy care benefits required under this Section are
7no lower than the Medicare reimbursement rate.
8(Source: P.A. 99-433, eff. 8-21-15; 99-480, eff. 9-9-15;
9revised 10-21-15.)
 
10    (305 ILCS 5/5-30)
11    Sec. 5-30. Care coordination.
12    (a) At least 50% of recipients eligible for comprehensive
13medical benefits in all medical assistance programs or other
14health benefit programs administered by the Department,
15including the Children's Health Insurance Program Act and the
16Covering ALL KIDS Health Insurance Act, shall be enrolled in a
17care coordination program by no later than January 1, 2015. For
18purposes of this Section, "coordinated care" or "care
19coordination" means delivery systems where recipients will
20receive their care from providers who participate under
21contract in integrated delivery systems that are responsible
22for providing or arranging the majority of care, including
23primary care physician services, referrals from primary care
24physicians, diagnostic and treatment services, behavioral
25health services, in-patient and outpatient hospital services,

 

 

HB5540 Engrossed- 973 -LRB099 16003 AMC 40320 b

1dental services, and rehabilitation and long-term care
2services. The Department shall designate or contract for such
3integrated delivery systems (i) to ensure enrollees have a
4choice of systems and of primary care providers within such
5systems; (ii) to ensure that enrollees receive quality care in
6a culturally and linguistically appropriate manner; and (iii)
7to ensure that coordinated care programs meet the diverse needs
8of enrollees with developmental, mental health, physical, and
9age-related disabilities.
10    (b) Payment for such coordinated care shall be based on
11arrangements where the State pays for performance related to
12health care outcomes, the use of evidence-based practices, the
13use of primary care delivered through comprehensive medical
14homes, the use of electronic medical records, and the
15appropriate exchange of health information electronically made
16either on a capitated basis in which a fixed monthly premium
17per recipient is paid and full financial risk is assumed for
18the delivery of services, or through other risk-based payment
19arrangements.
20    (c) To qualify for compliance with this Section, the 50%
21goal shall be achieved by enrolling medical assistance
22enrollees from each medical assistance enrollment category,
23including parents, children, seniors, and people with
24disabilities to the extent that current State Medicaid payment
25laws would not limit federal matching funds for recipients in
26care coordination programs. In addition, services must be more

 

 

HB5540 Engrossed- 974 -LRB099 16003 AMC 40320 b

1comprehensively defined and more risk shall be assumed than in
2the Department's primary care case management program as of
3January 25, 2011 (the effective date of Public Act 96-1501)
4this amendatory Act of the 96th General Assembly.
5    (d) The Department shall report to the General Assembly in
6a separate part of its annual medical assistance program
7report, beginning April, 2012 until April, 2016, on the
8progress and implementation of the care coordination program
9initiatives established by the provisions of Public Act 96-1501
10this amendatory Act of the 96th General Assembly. The
11Department shall include in its April 2011 report a full
12analysis of federal laws or regulations regarding upper payment
13limitations to providers and the necessary revisions or
14adjustments in rate methodologies and payments to providers
15under this Code that would be necessary to implement
16coordinated care with full financial risk by a party other than
17the Department.
18    (e) Integrated Care Program for individuals with chronic
19mental health conditions.
20        (1) The Integrated Care Program shall encompass
21    services administered to recipients of medical assistance
22    under this Article to prevent exacerbations and
23    complications using cost-effective, evidence-based
24    practice guidelines and mental health management
25    strategies.
26        (2) The Department may utilize and expand upon existing

 

 

HB5540 Engrossed- 975 -LRB099 16003 AMC 40320 b

1    contractual arrangements with integrated care plans under
2    the Integrated Care Program for providing the coordinated
3    care provisions of this Section.
4        (3) Payment for such coordinated care shall be based on
5    arrangements where the State pays for performance related
6    to mental health outcomes on a capitated basis in which a
7    fixed monthly premium per recipient is paid and full
8    financial risk is assumed for the delivery of services, or
9    through other risk-based payment arrangements such as
10    provider-based care coordination.
11        (4) The Department shall examine whether chronic
12    mental health management programs and services for
13    recipients with specific chronic mental health conditions
14    do any or all of the following:
15            (A) Improve the patient's overall mental health in
16        a more expeditious and cost-effective manner.
17            (B) Lower costs in other aspects of the medical
18        assistance program, such as hospital admissions,
19        emergency room visits, or more frequent and
20        inappropriate psychotropic drug use.
21        (5) The Department shall work with the facilities and
22    any integrated care plan participating in the program to
23    identify and correct barriers to the successful
24    implementation of this subsection (e) prior to and during
25    the implementation to best facilitate the goals and
26    objectives of this subsection (e).

 

 

HB5540 Engrossed- 976 -LRB099 16003 AMC 40320 b

1    (f) A hospital that is located in a county of the State in
2which the Department mandates some or all of the beneficiaries
3of the Medical Assistance Program residing in the county to
4enroll in a Care Coordination Program, as set forth in Section
55-30 of this Code, shall not be eligible for any non-claims
6based payments not mandated by Article V-A of this Code for
7which it would otherwise be qualified to receive, unless the
8hospital is a Coordinated Care Participating Hospital no later
9than 60 days after June 14, 2012 (the effective date of Public
10Act 97-689) this amendatory Act of the 97th General Assembly or
1160 days after the first mandatory enrollment of a beneficiary
12in a Coordinated Care program. For purposes of this subsection,
13"Coordinated Care Participating Hospital" means a hospital
14that meets one of the following criteria:
15        (1) The hospital has entered into a contract to provide
16    hospital services with one or more MCOs to enrollees of the
17    care coordination program.
18        (2) The hospital has not been offered a contract by a
19    care coordination plan that the Department has determined
20    to be a good faith offer and that pays at least as much as
21    the Department would pay, on a fee-for-service basis, not
22    including disproportionate share hospital adjustment
23    payments or any other supplemental adjustment or add-on
24    payment to the base fee-for-service rate, except to the
25    extent such adjustments or add-on payments are
26    incorporated into the development of the applicable MCO

 

 

HB5540 Engrossed- 977 -LRB099 16003 AMC 40320 b

1    capitated rates.
2    As used in this subsection (f), "MCO" means any entity
3which contracts with the Department to provide services where
4payment for medical services is made on a capitated basis.
5    (g) No later than August 1, 2013, the Department shall
6issue a purchase of care solicitation for Accountable Care
7Entities (ACE) to serve any children and parents or caretaker
8relatives of children eligible for medical assistance under
9this Article. An ACE may be a single corporate structure or a
10network of providers organized through contractual
11relationships with a single corporate entity. The solicitation
12shall require that:
13        (1) An ACE operating in Cook County be capable of
14    serving at least 40,000 eligible individuals in that
15    county; an ACE operating in Lake, Kane, DuPage, or Will
16    Counties be capable of serving at least 20,000 eligible
17    individuals in those counties and an ACE operating in other
18    regions of the State be capable of serving at least 10,000
19    eligible individuals in the region in which it operates.
20    During initial periods of mandatory enrollment, the
21    Department shall require its enrollment services
22    contractor to use a default assignment algorithm that
23    ensures if possible an ACE reaches the minimum enrollment
24    levels set forth in this paragraph.
25        (2) An ACE must include at a minimum the following
26    types of providers: primary care, specialty care,

 

 

HB5540 Engrossed- 978 -LRB099 16003 AMC 40320 b

1    hospitals, and behavioral healthcare.
2        (3) An ACE shall have a governance structure that
3    includes the major components of the health care delivery
4    system, including one representative from each of the
5    groups listed in paragraph (2).
6        (4) An ACE must be an integrated delivery system,
7    including a network able to provide the full range of
8    services needed by Medicaid beneficiaries and system
9    capacity to securely pass clinical information across
10    participating entities and to aggregate and analyze that
11    data in order to coordinate care.
12        (5) An ACE must be capable of providing both care
13    coordination and complex case management, as necessary, to
14    beneficiaries. To be responsive to the solicitation, a
15    potential ACE must outline its care coordination and
16    complex case management model and plan to reduce the cost
17    of care.
18        (6) In the first 18 months of operation, unless the ACE
19    selects a shorter period, an ACE shall be paid care
20    coordination fees on a per member per month basis that are
21    projected to be cost neutral to the State during the term
22    of their payment and, subject to federal approval, be
23    eligible to share in additional savings generated by their
24    care coordination.
25        (7) In months 19 through 36 of operation, unless the
26    ACE selects a shorter period, an ACE shall be paid on a

 

 

HB5540 Engrossed- 979 -LRB099 16003 AMC 40320 b

1    pre-paid capitation basis for all medical assistance
2    covered services, under contract terms similar to Managed
3    Care Organizations (MCO), with the Department sharing the
4    risk through either stop-loss insurance for extremely high
5    cost individuals or corridors of shared risk based on the
6    overall cost of the total enrollment in the ACE. The ACE
7    shall be responsible for claims processing, encounter data
8    submission, utilization control, and quality assurance.
9        (8) In the fourth and subsequent years of operation, an
10    ACE shall convert to a Managed Care Community Network
11    (MCCN), as defined in this Article, or Health Maintenance
12    Organization pursuant to the Illinois Insurance Code,
13    accepting full-risk capitation payments.
14    The Department shall allow potential ACE entities 5 months
15from the date of the posting of the solicitation to submit
16proposals. After the solicitation is released, in addition to
17the MCO rate development data available on the Department's
18website, subject to federal and State confidentiality and
19privacy laws and regulations, the Department shall provide 2
20years of de-identified summary service data on the targeted
21population, split between children and adults, showing the
22historical type and volume of services received and the cost of
23those services to those potential bidders that sign a data use
24agreement. The Department may add up to 2 non-state government
25employees with expertise in creating integrated delivery
26systems to its review team for the purchase of care

 

 

HB5540 Engrossed- 980 -LRB099 16003 AMC 40320 b

1solicitation described in this subsection. Any such
2individuals must sign a no-conflict disclosure and
3confidentiality agreement and agree to act in accordance with
4all applicable State laws.
5    During the first 2 years of an ACE's operation, the
6Department shall provide claims data to the ACE on its
7enrollees on a periodic basis no less frequently than monthly.
8    Nothing in this subsection shall be construed to limit the
9Department's mandate to enroll 50% of its beneficiaries into
10care coordination systems by January 1, 2015, using all
11available care coordination delivery systems, including Care
12Coordination Entities (CCE), MCCNs, or MCOs, nor be construed
13to affect the current CCEs, MCCNs, and MCOs selected to serve
14seniors and persons with disabilities prior to that date.
15    Nothing in this subsection precludes the Department from
16considering future proposals for new ACEs or expansion of
17existing ACEs at the discretion of the Department.
18    (h) Department contracts with MCOs and other entities
19reimbursed by risk based capitation shall have a minimum
20medical loss ratio of 85%, shall require the entity to
21establish an appeals and grievances process for consumers and
22providers, and shall require the entity to provide a quality
23assurance and utilization review program. Entities contracted
24with the Department to coordinate healthcare regardless of risk
25shall be measured utilizing the same quality metrics. The
26quality metrics may be population specific. Any contracted

 

 

HB5540 Engrossed- 981 -LRB099 16003 AMC 40320 b

1entity serving at least 5,000 seniors or people with
2disabilities or 15,000 individuals in other populations
3covered by the Medical Assistance Program that has been
4receiving full-risk capitation for a year shall be accredited
5by a national accreditation organization authorized by the
6Department within 2 years after the date it is eligible to
7become accredited. The requirements of this subsection shall
8apply to contracts with MCOs entered into or renewed or
9extended after June 1, 2013.
10    (h-5) The Department shall monitor and enforce compliance
11by MCOs with agreements they have entered into with providers
12on issues that include, but are not limited to, timeliness of
13payment, payment rates, and processes for obtaining prior
14approval. The Department may impose sanctions on MCOs for
15violating provisions of those agreements that include, but are
16not limited to, financial penalties, suspension of enrollment
17of new enrollees, and termination of the MCO's contract with
18the Department. As used in this subsection (h-5), "MCO" has the
19meaning ascribed to that term in Section 5-30.1 of this Code.
20    (i) Unless otherwise required by federal law, Medicaid
21Managed Care Entities shall not divulge, directly or
22indirectly, including by sending a bill or explanation of
23benefits, information concerning the sensitive health services
24received by enrollees of the Medicaid Managed Care Entity to
25any person other than providers and care coordinators caring
26for the enrollee and employees of the entity in the course of

 

 

HB5540 Engrossed- 982 -LRB099 16003 AMC 40320 b

1the entity's internal operations. The Medicaid Managed Care
2Entity may divulge information concerning the sensitive health
3services if the enrollee who received the sensitive health
4services requests the information from the Medicaid Managed
5Care Entity and authorized the sending of a bill or explanation
6of benefits. Communications including, but not limited to,
7statements of care received or appointment reminders either
8directly or indirectly to the enrollee from the health care
9provider, health care professional, and care coordinators,
10remain permissible.
11    For the purposes of this subsection, the term "Medicaid
12Managed Care Entity" includes Care Coordination Entities,
13Accountable Care Entities, Managed Care Organizations, and
14Managed Care Community Networks.
15    For purposes of this subsection, the term "sensitive health
16services" means mental health services, substance abuse
17treatment services, reproductive health services, family
18planning services, services for sexually transmitted
19infections and sexually transmitted diseases, and services for
20sexual assault or domestic abuse. Services include prevention,
21screening, consultation, examination, treatment, or follow-up.
22    Nothing in this subsection shall be construed to relieve a
23Medicaid Managed Care Entity or the Department of any duty to
24report incidents of sexually transmitted infections to the
25Department of Public Health or to the local board of health in
26accordance with regulations adopted under a statute or

 

 

HB5540 Engrossed- 983 -LRB099 16003 AMC 40320 b

1ordinance or to report incidents of sexually transmitted
2infections as necessary to comply with the requirements under
3Section 5 of the Abused and Neglected Child Reporting Act or as
4otherwise required by State or federal law.
5    The Department shall create policy in order to implement
6the requirements in this subsection.
7    (j) (i) Managed Care Entities (MCEs), including MCOs and
8all other care coordination organizations, shall develop and
9maintain a written language access policy that sets forth the
10standards, guidelines, and operational plan to ensure language
11appropriate services and that is consistent with the standard
12of meaningful access for populations with limited English
13proficiency. The language access policy shall describe how the
14MCEs will provide all of the following required services:
15        (1) Translation (the written replacement of text from
16    one language into another) of all vital documents and forms
17    as identified by the Department.
18        (2) Qualified interpreter services (the oral
19    communication of a message from one language into another
20    by a qualified interpreter).
21        (3) Staff training on the language access policy,
22    including how to identify language needs, access and
23    provide language assistance services, work with
24    interpreters, request translations, and track the use of
25    language assistance services.
26        (4) Data tracking that identifies the language need.

 

 

HB5540 Engrossed- 984 -LRB099 16003 AMC 40320 b

1        (5) Notification to participants on the availability
2    of language access services and on how to access such
3    services.
4(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
599-106, eff. 1-1-16; 99-181, eff. 7-29-15; revised 10-26-15.)
 
6    (305 ILCS 5/10-25)
7    (Text of Section before amendment by P.A. 99-157)
8    Sec. 10-25. Administrative liens and levies on real
9property for past-due child support.
10    (a) Notwithstanding any other State or local law to the
11contrary, the State shall have a lien on all legal and
12equitable interests of responsible relatives in their real
13property in the amount of past-due child support owing pursuant
14to an order for child support entered under Sections 10-10 and
1510-11 of this Code, or under the Illinois Marriage and
16Dissolution of Marriage Act, the Non-Support of Spouse and
17Children Act, the Non-Support Punishment Act, the Uniform
18Interstate Family Support Act, the Illinois Parentage Act of
191984, or the Illinois Parentage Act of 2015.
20    (b) The Illinois Department shall provide by rule for
21notice to and an opportunity to be heard by each responsible
22relative affected, and any final administrative decision
23rendered by the Illinois Department shall be reviewed only
24under and in accordance with the Administrative Review Law.
25    (c) When enforcing a lien under subsection (a) of this

 

 

HB5540 Engrossed- 985 -LRB099 16003 AMC 40320 b

1Section, the Illinois Department shall have the authority to
2execute notices of administrative liens and levies, which shall
3contain the name and address of the responsible relative, a
4legal description of the real property to be levied, the fact
5that a lien is being claimed for past-due child support, and
6such other information as the Illinois Department may by rule
7prescribe. The Illinois Department shall record the notice of
8lien with the recorder or registrar of titles of the county or
9counties in which the real estate is located.
10    (d) The State's lien under subsection (a) shall be
11enforceable upon the recording or filing of a notice of lien
12with the recorder or registrar of titles of the county or
13counties in which the real estate is located. The lien shall be
14prior to any lien thereafter recorded or filed and shall be
15notice to a subsequent purchaser, assignor, or encumbrancer of
16the existence and nature of the lien. The lien shall be
17inferior to the lien of general taxes, special assessment, and
18special taxes heretofore or hereafter levied by any political
19subdivision or municipal corporation of the State.
20    In the event that title to the land to be affected by the
21notice of lien is registered under the Registered Titles
22(Torrens) Act, the notice shall be filed in the office of the
23registrar of titles as a memorial or charge upon each folium of
24the register of titles affected by the notice; but the State
25shall not have a preference over the rights of any bona fide
26purchaser, mortgagee, judgment creditor, or other lien holders

 

 

HB5540 Engrossed- 986 -LRB099 16003 AMC 40320 b

1registered prior to the registration of the notice.
2    (e) The recorder or registrar of titles of each county
3shall procure a file labeled "Child Support Lien Notices" and
4an index book labeled "Child Support Lien Notices". When notice
5of any lien is presented to the recorder or registrar of titles
6for filing, the recorder or registrar of titles shall file it
7in numerical order in the file and shall enter it
8alphabetically in the index. The entry shall show the name and
9last known address of the person named in the notice, the
10serial number of the notice, the date and hour of filing, and
11the amount of child support due at the time when the lien is
12filed.
13    (f) The Illinois Department shall not be required to
14furnish bond or make a deposit for or pay any costs or fees of
15any court or officer thereof in any legal proceeding involving
16the lien.
17    (g) To protect the lien of the State for past-due child
18support, the Illinois Department may, from funds that are
19available for that purpose, pay or provide for the payment of
20necessary or essential repairs, purchase tax certificates, pay
21balances due on land contracts, or pay or cause to be satisfied
22any prior liens on the property to which the lien hereunder
23applies.
24    (h) A lien on real property under this Section shall be
25released pursuant to Section 12-101 of the Code of Civil
26Procedure.

 

 

HB5540 Engrossed- 987 -LRB099 16003 AMC 40320 b

1    (i) The Illinois Department, acting in behalf of the State,
2may foreclose the lien in a judicial proceeding to the same
3extent and in the same manner as in the enforcement of other
4liens. The process, practice, and procedure for the foreclosure
5shall be the same as provided in the Code of Civil Procedure.
6(Source: P.A. 99-85, eff. 1-1-16.)
 
7    (Text of Section after amendment by P.A. 99-157)
8    Sec. 10-25. Administrative liens and levies on real
9property for past-due child support and for fines against a
10payor who wilfully fails to withhold or pay over income
11pursuant to a properly served income withholding notice or
12otherwise fails to comply with any duties imposed by the Income
13Withholding for Support Act.
14    (a) Notwithstanding any other State or local law to the
15contrary, the State shall have a lien on all legal and
16equitable interests of responsible relatives in their real
17property in the amount of past-due child support owing pursuant
18to an order for child support entered under Sections 10-10 and
1910-11 of this Code, or under the Illinois Marriage and
20Dissolution of Marriage Act, the Non-Support of Spouse and
21Children Act, the Non-Support Punishment Act, the Uniform
22Interstate Family Support Act, the Illinois Parentage Act of
231984, or the Illinois Parentage Act of 2015.
24    (a-5) The State shall have a lien on all legal and
25equitable interests of a payor, as that term is described in

 

 

HB5540 Engrossed- 988 -LRB099 16003 AMC 40320 b

1the Income Withholding for Support Act, in the payor's real
2property in the amount of any fine imposed by the Illinois
3Department pursuant to the Income Withholding for Support Act.
4    (b) The Illinois Department shall provide by rule for
5notice to and an opportunity to be heard by each responsible
6relative or payor affected, and any final administrative
7decision rendered by the Illinois Department shall be reviewed
8only under and in accordance with the Administrative Review
9Law.
10    (c) When enforcing a lien under subsection (a) of this
11Section, the Illinois Department shall have the authority to
12execute notices of administrative liens and levies, which shall
13contain the name and address of the responsible relative or
14payor, a legal description of the real property to be levied,
15the fact that a lien is being claimed for past-due child
16support or for the fines imposed on a payor pursuant to the
17Income Withholding for Support Act, and such other information
18as the Illinois Department may by rule prescribe. The Illinois
19Department shall record the notice of lien with the recorder or
20registrar of titles of the county or counties in which the real
21estate is located.
22    (d) The State's lien under subsection (a) shall be
23enforceable upon the recording or filing of a notice of lien
24with the recorder or registrar of titles of the county or
25counties in which the real estate is located. The lien shall be
26prior to any lien thereafter recorded or filed and shall be

 

 

HB5540 Engrossed- 989 -LRB099 16003 AMC 40320 b

1notice to a subsequent purchaser, assignor, or encumbrancer of
2the existence and nature of the lien. The lien shall be
3inferior to the lien of general taxes, special assessment, and
4special taxes heretofore or hereafter levied by any political
5subdivision or municipal corporation of the State.
6    In the event that title to the land to be affected by the
7notice of lien is registered under the Registered Titles
8(Torrens) Act, the notice shall be filed in the office of the
9registrar of titles as a memorial or charge upon each folium of
10the register of titles affected by the notice; but the State
11shall not have a preference over the rights of any bona fide
12purchaser, mortgagee, judgment creditor, or other lien holders
13registered prior to the registration of the notice.
14    (e) The recorder or registrar of titles of each county
15shall procure a file labeled "Child Support Lien Notices" and
16an index book labeled "Child Support Lien Notices". When notice
17of any lien is presented to the recorder or registrar of titles
18for filing, the recorder or registrar of titles shall file it
19in numerical order in the file and shall enter it
20alphabetically in the index. The entry shall show the name and
21last known address of the person or payor named in the notice,
22the serial number of the notice, the date and hour of filing,
23and the amount of child support or the amount of the fine
24imposed on the payor due at the time when the lien is filed.
25    (f) The Illinois Department shall not be required to
26furnish bond or make a deposit for or pay any costs or fees of

 

 

HB5540 Engrossed- 990 -LRB099 16003 AMC 40320 b

1any court or officer thereof in any legal proceeding involving
2the lien.
3    (g) To protect the lien of the State for past-due child
4support and for any fine imposed against a payor, the Illinois
5Department may, from funds that are available for that purpose,
6pay or provide for the payment of necessary or essential
7repairs, purchase tax certificates, pay balances due on land
8contracts, or pay or cause to be satisfied any prior liens on
9the property to which the lien hereunder applies.
10    (h) A lien on real property under this Section shall be
11released pursuant to Section 12-101 of the Code of Civil
12Procedure.
13    (i) The Illinois Department, acting in behalf of the State,
14may foreclose the lien in a judicial proceeding to the same
15extent and in the same manner as in the enforcement of other
16liens. The process, practice, and procedure for the foreclosure
17shall be the same as provided in the Code of Civil Procedure.
18(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised
1910-26-15.)
 
20    (305 ILCS 5/10-25.5)
21    (Text of Section before amendment by P.A. 99-157)
22    Sec. 10-25.5. Administrative liens and levies on personal
23property for past-due child support.
24    (a) Notwithstanding any other State or local law to the
25contrary, the State shall have a lien on all legal and

 

 

HB5540 Engrossed- 991 -LRB099 16003 AMC 40320 b

1equitable interests of responsible relatives in their personal
2property, including any account in a financial institution as
3defined in Section 10-24, or in the case of an insurance
4company or benefit association only in accounts as defined in
5Section 10-24, in the amount of past-due child support owing
6pursuant to an order for child support entered under Sections
710-10 and 10-11 of this Code, or under the Illinois Marriage
8and Dissolution of Marriage Act, the Non-Support of Spouse and
9Children Act, the Non-Support Punishment Act, the Uniform
10Interstate Family Support Act, the Illinois Parentage Act of
111984, or the Illinois Parentage Act of 2015.
12    (b) The Illinois Department shall provide by rule for
13notice to and an opportunity to be heard by each responsible
14relative affected, and any final administrative decision
15rendered by the Illinois Department shall be reviewed only
16under and in accordance with the Administrative Review Law.
17    (c) When enforcing a lien under subsection (a) of this
18Section, the Illinois Department shall have the authority to
19execute notices of administrative liens and levies, which shall
20contain the name and address of the responsible relative, a
21description of the property to be levied, the fact that a lien
22is being claimed for past-due child support, and such other
23information as the Illinois Department may by rule prescribe.
24The Illinois Department may serve the notice of lien or levy
25upon any financial institution where the accounts as defined in
26Section 10-24 of the responsible relative may be held, for

 

 

HB5540 Engrossed- 992 -LRB099 16003 AMC 40320 b

1encumbrance or surrender of the accounts as defined in Section
210-24 by the financial institution.
3    (d) The Illinois Department shall enforce its lien against
4the responsible relative's personal property, other than
5accounts as defined in Section 10-24 in financial institutions,
6and levy upon such personal property in the manner provided for
7enforcement of judgments contained in Article XII of the Code
8of Civil Procedure.
9    (e) The Illinois Department shall not be required to
10furnish bond or make a deposit for or pay any costs or fees of
11any court or officer thereof in any legal proceeding involving
12the lien.
13    (f) To protect the lien of the State for past-due child
14support, the Illinois Department may, from funds that are
15available for that purpose, pay or provide for the payment of
16necessary or essential repairs, purchase tax certificates, or
17pay or cause to be satisfied any prior liens on the property to
18which the lien hereunder applies.
19    (g) A lien on personal property under this Section shall be
20released in the manner provided under Article XII of the Code
21of Civil Procedure. Notwithstanding the foregoing, a lien under
22this Section on accounts as defined in Section 10-24 shall
23expire upon the passage of 120 days from the date of issuance
24of the Notice of Lien or Levy by the Illinois Department.
25However, the lien shall remain in effect during the pendency of
26any appeal or protest.

 

 

HB5540 Engrossed- 993 -LRB099 16003 AMC 40320 b

1    (h) A lien created under this Section is subordinate to any
2prior lien of the financial institution or any prior lien
3holder or any prior right of set-off that the financial
4institution may have against the assets, or in the case of an
5insurance company or benefit association only in the accounts
6as defined in Section 10-24.
7    (i) A financial institution has no obligation under this
8Section to hold, encumber, or surrender the assets, or in the
9case of an insurance company or benefit association only the
10accounts as defined in Section 10-24, until the financial
11institution has been properly served with a subpoena, summons,
12warrant, court or administrative order, or administrative lien
13and levy requiring that action.
14(Source: P.A. 99-85, eff. 1-1-16.)
 
15    (Text of Section after amendment by P.A. 99-157)
16    Sec. 10-25.5. Administrative liens and levies on personal
17property for past-due child support and for fines against a
18payor who wilfully fails to withhold or pay over income
19pursuant to a properly served income withholding notice or
20otherwise fails to comply with any duties imposed by the Income
21Withholding for Support Act.
22    (a) Notwithstanding any other State or local law to the
23contrary, the State shall have a lien on all legal and
24equitable interests of responsible relatives in their personal
25property, including any account in a financial institution as

 

 

HB5540 Engrossed- 994 -LRB099 16003 AMC 40320 b

1defined in Section 10-24, or in the case of an insurance
2company or benefit association only in accounts as defined in
3Section 10-24, in the amount of past-due child support owing
4pursuant to an order for child support entered under Sections
510-10 and 10-11 of this Code, or under the Illinois Marriage
6and Dissolution of Marriage Act, the Non-Support of Spouse and
7Children Act, the Non-Support Punishment Act, the Uniform
8Interstate Family Support Act, the Illinois Parentage Act of
91984, or the Illinois Parentage Act of 2015.
10    (a-5) The State shall have a lien on all legal and
11equitable interests of a payor, as that term is described in
12the Income Withholding for Support Act, in the payor's personal
13property in the amount of any fine imposed by the Illinois
14Department pursuant to the Income Withholding for Support Act.
15    (b) The Illinois Department shall provide by rule for
16notice to and an opportunity to be heard by each responsible
17relative or payor affected, and any final administrative
18decision rendered by the Illinois Department shall be reviewed
19only under and in accordance with the Administrative Review
20Law.
21    (c) When enforcing a lien under subsection (a) of this
22Section, the Illinois Department shall have the authority to
23execute notices of administrative liens and levies, which shall
24contain the name and address of the responsible relative or
25payor, a description of the property to be levied, the fact
26that a lien is being claimed for past-due child support, and

 

 

HB5540 Engrossed- 995 -LRB099 16003 AMC 40320 b

1such other information as the Illinois Department may by rule
2prescribe. The Illinois Department may serve the notice of lien
3or levy upon any financial institution where the accounts as
4defined in Section 10-24 of the responsible relative may be
5held, for encumbrance or surrender of the accounts as defined
6in Section 10-24 by the financial institution.
7    (d) The Illinois Department shall enforce its lien against
8the responsible relative's or payor's personal property, other
9than accounts as defined in Section 10-24 in financial
10institutions, and levy upon such personal property in the
11manner provided for enforcement of judgments contained in
12Article XII of the Code of Civil Procedure.
13    (e) The Illinois Department shall not be required to
14furnish bond or make a deposit for or pay any costs or fees of
15any court or officer thereof in any legal proceeding involving
16the lien.
17    (f) To protect the lien of the State for past-due child
18support and for any fine imposed on a payor, the Illinois
19Department may, from funds that are available for that purpose,
20pay or provide for the payment of necessary or essential
21repairs, purchase tax certificates, or pay or cause to be
22satisfied any prior liens on the property to which the lien
23hereunder applies.
24    (g) A lien on personal property under this Section shall be
25released in the manner provided under Article XII of the Code
26of Civil Procedure. Notwithstanding the foregoing, a lien under

 

 

HB5540 Engrossed- 996 -LRB099 16003 AMC 40320 b

1this Section on accounts as defined in Section 10-24 shall
2expire upon the passage of 120 days from the date of issuance
3of the Notice of Lien or Levy by the Illinois Department.
4However, the lien shall remain in effect during the pendency of
5any appeal or protest.
6    (h) A lien created under this Section is subordinate to any
7prior lien of the financial institution or any prior lien
8holder or any prior right of set-off that the financial
9institution may have against the assets, or in the case of an
10insurance company or benefit association only in the accounts
11as defined in Section 10-24.
12    (i) A financial institution has no obligation under this
13Section to hold, encumber, or surrender the assets, or in the
14case of an insurance company or benefit association only the
15accounts as defined in Section 10-24, until the financial
16institution has been properly served with a subpoena, summons,
17warrant, court or administrative order, or administrative lien
18and levy requiring that action.
19(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised
2010-27-15.)
 
21    Section 405. The Adult Protective Services Act is amended
22by changing Section 8 as follows:
 
23    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
24    Sec. 8. Access to records. All records concerning reports

 

 

HB5540 Engrossed- 997 -LRB099 16003 AMC 40320 b

1of abuse, neglect, financial exploitation, or self-neglect and
2all records generated as a result of such reports shall be
3confidential and shall not be disclosed except as specifically
4authorized by this Act or other applicable law. In accord with
5established law and Department protocols, procedures, and
6policies, access to such records, but not access to the
7identity of the person or persons making a report of alleged
8abuse, neglect, financial exploitation, or self-neglect as
9contained in such records, shall be provided, upon request, to
10the following persons and for the following persons:
11        (1) Department staff, provider agency staff, other
12    aging network staff, and regional administrative agency
13    staff, including staff of the Chicago Department on Aging
14    while that agency is designated as a regional
15    administrative agency, in the furtherance of their
16    responsibilities under this Act;
17        (1.5) A representative of the public guardian acting in
18    the course of investigating the appropriateness of
19    guardianship for the eligible adult or while pursuing a
20    petition for guardianship of the eligible adult pursuant to
21    the Probate Act of 1975;
22        (2) A law enforcement agency investigating known or
23    suspected abuse, neglect, financial exploitation, or
24    self-neglect. Where a provider agency has reason to believe
25    that the death of an eligible adult may be the result of
26    abuse or neglect, including any reports made after death,

 

 

HB5540 Engrossed- 998 -LRB099 16003 AMC 40320 b

1    the agency shall immediately provide the appropriate law
2    enforcement agency with all records pertaining to the
3    eligible adult;
4        (2.5) A law enforcement agency, fire department
5    agency, or fire protection district having proper
6    jurisdiction pursuant to a written agreement between a
7    provider agency and the law enforcement agency, fire
8    department agency, or fire protection district under which
9    the provider agency may furnish to the law enforcement
10    agency, fire department agency, or fire protection
11    district a list of all eligible adults who may be at
12    imminent risk of abuse, neglect, financial exploitation,
13    or self-neglect;
14        (3) A physician who has before him or her or who is
15    involved in the treatment of an eligible adult whom he or
16    she reasonably suspects may be abused, neglected,
17    financially exploited, or self-neglected or who has been
18    referred to the Adult Protective Services Program;
19        (4) An eligible adult reported to be abused, neglected,
20    financially exploited, or self-neglected, or such adult's
21    authorized guardian or agent, unless such guardian or agent
22    is the abuser or the alleged abuser;
23        (4.5) An executor or administrator of the estate of an
24    eligible adult who is deceased;
25        (5) In cases regarding abuse, neglect, or financial
26    exploitation, a court or a guardian ad litem, upon its or

 

 

HB5540 Engrossed- 999 -LRB099 16003 AMC 40320 b

1    his or her finding that access to such records may be
2    necessary for the determination of an issue before the
3    court. However, such access shall be limited to an in
4    camera inspection of the records, unless the court
5    determines that disclosure of the information contained
6    therein is necessary for the resolution of an issue then
7    pending before it;
8        (5.5) In cases regarding self-neglect, a guardian ad
9    litem;
10        (6) A grand jury, upon its determination that access to
11    such records is necessary in the conduct of its official
12    business;
13        (7) Any person authorized by the Director, in writing,
14    for audit or bona fide research purposes;
15        (8) A coroner or medical examiner who has reason to
16    believe that an eligible adult has died as the result of
17    abuse, neglect, financial exploitation, or self-neglect.
18    The provider agency shall immediately provide the coroner
19    or medical examiner with all records pertaining to the
20    eligible adult;
21        (8.5) A coroner or medical examiner having proper
22    jurisdiction, pursuant to a written agreement between a
23    provider agency and the coroner or medical examiner, under
24    which the provider agency may furnish to the office of the
25    coroner or medical examiner a list of all eligible adults
26    who may be at imminent risk of death as a result of abuse,

 

 

HB5540 Engrossed- 1000 -LRB099 16003 AMC 40320 b

1    neglect, financial exploitation, or self-neglect;
2        (9) Department of Financial and Professional
3    Regulation staff and members of the Illinois Medical
4    Disciplinary Board or the Social Work Examining and
5    Disciplinary Board in the course of investigating alleged
6    violations of the Clinical Social Work and Social Work
7    Practice Act by provider agency staff or other licensing
8    bodies at the discretion of the Director of the Department
9    on Aging;
10        (9-a) Department of Healthcare and Family Services
11    staff and provider agency staff when that Department is
12    funding services to the eligible adult, including access to
13    the identity of the eligible adult;
14        (9-b) Department of Human Services staff and provider
15    agency staff when that Department is funding services to
16    the eligible adult or is providing reimbursement for
17    services provided by the abuser or alleged abuser,
18    including access to the identity of the eligible adult;
19        (10) Hearing officers in the course of conducting an
20    administrative hearing under this Act; parties to such
21    hearing shall be entitled to discovery as established by
22    rule;
23        (11) A caregiver who challenges placement on the
24    Registry shall be given the statement of allegations in the
25    abuse report and the substantiation decision in the final
26    investigative report; and

 

 

HB5540 Engrossed- 1001 -LRB099 16003 AMC 40320 b

1        (12) The Illinois Guardianship and Advocacy Commission
2    and the agency designated by the Governor under Section 1
3    of the Protection and Advocacy for Persons with
4    Developmental Disabilities Act shall have access, through
5    the Department, to records, including the findings,
6    pertaining to a completed or closed investigation of a
7    report of suspected abuse, neglect, financial
8    exploitation, or self-neglect of an eligible adult.
9(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
1099-143, eff. 7-27-15; 99-287, eff. 1-1-16; revised 10-26-15.)
 
11    Section 410. The Abused and Neglected Child Reporting Act
12is amended by changing Section 7.8 as follows:
 
13    (325 ILCS 5/7.8)
14    (Text of Section before amendment by P.A. 99-350)
15    Sec. 7.8. Upon receiving an oral or written report of
16suspected child abuse or neglect, the Department shall
17immediately notify, either orally or electronically, the Child
18Protective Service Unit of a previous report concerning a
19subject of the present report or other pertinent information.
20In addition, upon satisfactory identification procedures, to
21be established by Department regulation, any person authorized
22to have access to records under Section 11.1 relating to child
23abuse and neglect may request and shall be immediately provided
24the information requested in accordance with this Act. However,

 

 

HB5540 Engrossed- 1002 -LRB099 16003 AMC 40320 b

1no information shall be released unless it prominently states
2the report is "indicated", and only information from
3"indicated" reports shall be released, except that information
4concerning pending reports may be released pursuant to Sections
57.14 and 7.22 of this Act to the attorney or guardian ad litem
6appointed under Section 2-17 of the Juvenile Court Act of 1987
7and to any person authorized under paragraphs (1), (2), (3) and
8(11) of Section 11.1. In addition, State's Attorneys are
9authorized to receive unfounded reports (i) for prosecution
10purposes related to the transmission of false reports of child
11abuse or neglect in violation of subsection (a), paragraph (7)
12of Section 26-1 of the Criminal Code of 2012 or (ii) for the
13purposes of screening and prosecuting a petition filed under
14Article II of the Juvenile Court Act of 1987 alleging a
15subsequent allegation of abuse or neglect relating to the same
16child, a sibling of the child, or the same perpetrator; the
17parties to the proceedings filed under Article II of the
18Juvenile Court Act of 1987 are entitled to receive copies of
19previously unfounded reports regarding the same child, a
20sibling of the child, or the same perpetrator for purposes of
21hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
22of 1987, and attorneys and guardians ad litem appointed under
23Article II of the Juvenile Court Act of 1987 shall receive the
24reports set forth in Section 7.14 of this Act in conformance
25with paragraph (19) of Section 11.1 and Section 7.14 of this
26Act. The names and other identifying data and the dates and the

 

 

HB5540 Engrossed- 1003 -LRB099 16003 AMC 40320 b

1circumstances of any persons requesting or receiving
2information from the central register shall be entered in the
3register record.
4(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,
5eff. 1-1-16.)
 
6    (Text of Section after amendment by P.A. 99-350)
7    Sec. 7.8. Upon receiving an oral or written report of
8suspected child abuse or neglect, the Department shall
9immediately notify, either orally or electronically, the Child
10Protective Service Unit of a previous report concerning a
11subject of the present report or other pertinent information.
12In addition, upon satisfactory identification procedures, to
13be established by Department regulation, any person authorized
14to have access to records under Section 11.1 relating to child
15abuse and neglect may request and shall be immediately provided
16the information requested in accordance with this Act. However,
17no information shall be released unless it prominently states
18the report is "indicated", and only information from
19"indicated" reports shall be released, except that information
20concerning pending reports may be released pursuant to Sections
217.14 and 7.22 of this Act to the attorney or guardian ad litem
22appointed under Section 2-17 of the Juvenile Court Act of 1987
23and to any person authorized under paragraphs (1), (2), (3) and
24(11) of Section 11.1. In addition, State's Attorneys are
25authorized to receive unfounded reports (i) for prosecution

 

 

HB5540 Engrossed- 1004 -LRB099 16003 AMC 40320 b

1purposes related to the transmission of false reports of child
2abuse or neglect in violation of subsection (a), paragraph (7)
3of Section 26-1 of the Criminal Code of 2012 or (ii) for the
4purposes of screening and prosecuting a petition filed under
5Article II of the Juvenile Court Act of 1987 alleging a
6subsequent allegation of abuse or neglect relating to the same
7child, a sibling of the child, or the same perpetrator; the
8parties to the proceedings filed under Article II of the
9Juvenile Court Act of 1987 are entitled to receive copies of
10previously unfounded reports regarding the same child, a
11sibling of the child, or the same perpetrator for purposes of
12hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
13of 1987, and attorneys and guardians ad litem appointed under
14Article II of the Juvenile Court Act of 1987 shall receive the
15reports set forth in Section 7.14 of this Act in conformance
16with paragraph (19) of Section 11.1 and Section 7.14 of this
17Act. The Department is authorized and required to release
18information from unfounded reports, upon request by a person
19who has access to the unfounded report as provided in this Act,
20as necessary in its determination to protect children and adult
21residents who are in child care facilities licensed by the
22Department under the Child Care Act of 1969. The names and
23other identifying data and the dates and the circumstances of
24any persons requesting or receiving information from the
25central register shall be entered in the register record.
26(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,

 

 

HB5540 Engrossed- 1005 -LRB099 16003 AMC 40320 b

1eff. 1-1-16; 99-350, eff. 6-1-16; revised 10-27-15.)
 
2    Section 415. The Mental Health and Developmental
3Disabilities Code is amended by changing Section 6-103.2 as
4follows:
 
5    (405 ILCS 5/6-103.2)
6    Sec. 6-103.2. Developmental disability; notice. If a
7person 14 years old or older is determined to be a person with
8a developmental disability by a physician, clinical
9psychologist, or qualified examiner, the physician, clinical
10psychologist, or qualified examiner shall notify the
11Department of Human Services within 7 days of making the
12determination that the person has a developmental disability.
13The Department of Human Services shall immediately update its
14records and information relating to mental health and
15developmental disabilities, and if appropriate, shall notify
16the Department of State Police in a form and manner prescribed
17by the Department of State Police. Information disclosed under
18this Section shall remain privileged and confidential, and
19shall not be redisclosed, except as required under subsection
20(e) of Section 3.1 of the Firearm Owners Identification Card
21Act, nor used for any other purpose. The method of providing
22this information shall guarantee that the information is not
23released beyond that which is necessary for the purpose of this
24Section and shall be provided by rule by the Department of

 

 

HB5540 Engrossed- 1006 -LRB099 16003 AMC 40320 b

1Human Services. The identity of the person reporting under this
2Section shall not be disclosed to the subject of the report.
3    The physician, clinical psychologist, or qualified
4examiner making the determination and his or her employer may
5not be held criminally, civilly, or professionally liable for
6making or not making the notification required under this
7Section, except for willful or wanton misconduct.
8    For purposes of this Section, "developmental disability"
9"developmentally disabled" means a disability which is
10attributable to any other condition which results in impairment
11similar to that caused by an intellectual disability and which
12requires services similar to those required by intellectually
13disabled persons. The disability must originate before the age
14of 18 years, be expected to continue indefinitely, and
15constitute a substantial disability. This disability results,
16in the professional opinion of a physician, clinical
17psychologist, or qualified examiner, in significant functional
18limitations in 3 or more of the following areas of major life
19activity:
20        (i) self-care;
21        (ii) receptive and expressive language;
22        (iii) learning;
23        (iv) mobility; or
24        (v) self-direction.
25    "Determined to be a person with a developmental disability
26developmentally disabled by a physician, clinical

 

 

HB5540 Engrossed- 1007 -LRB099 16003 AMC 40320 b

1psychologist, or qualified examiner" means in the professional
2opinion of the physician, clinical psychologist, or qualified
3examiner, a person is diagnosed, assessed, or evaluated as
4having a developmental disability to be developmentally
5disabled.
6(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
7eff. 7-27-15; revised 11-13-15.)
 
8    Section 420. The Community Services Act is amended by
9changing the title of the Act as follows:
 
10    (405 ILCS 30/Act title)
11An Act to facilitate the establishment of community
12services for persons who are mentally ill,, alcohol dependent,
13or addicted or who are persons with developmental disabilities.
 
14    Section 425. The Developmental Disability and Mental
15Disability Services Act is amended by changing Sections 2-3 and
165-1 as follows:
 
17    (405 ILCS 80/2-3)  (from Ch. 91 1/2, par. 1802-3)
18    Sec. 2-3. As used in this Article, unless the context
19requires otherwise:
20    (a) "Agency" means an agency or entity licensed by the
21Department pursuant to this Article or pursuant to the
22Community Residential Alternatives Licensing Act.

 

 

HB5540 Engrossed- 1008 -LRB099 16003 AMC 40320 b

1    (b) "Department" means the Department of Human Services, as
2successor to the Department of Mental Health and Developmental
3Disabilities.
4    (c) "Home-based services" means services provided to an
5adult with a mental disability who lives in his or her own
6home. These services include but are not limited to:
7        (1) home health services;
8        (2) case management;
9        (3) crisis management;
10        (4) training and assistance in self-care;
11        (5) personal care services;
12        (6) habilitation and rehabilitation services;
13        (7) employment-related services;
14        (8) respite care; and
15        (9) other skill training that enables a person to
16    become self-supporting.
17    (d) "Legal guardian" means a person appointed by a court of
18competent jurisdiction to exercise certain powers on behalf of
19an adult with a mental disability.
20    (e) "Adult with a mental disability" means a person over
21the age of 18 years who lives in his or her own home; who needs
22home-based services, but does not require 24-hour-a-day
23supervision; and who has one of the following conditions:
24severe autism, severe mental illness, a severe or profound
25intellectual disability, or severe and multiple impairments.
26    (f) In one's "own home" means that an adult with a mental

 

 

HB5540 Engrossed- 1009 -LRB099 16003 AMC 40320 b

1disability lives alone; or that an adult with a mental
2disability is in full-time residence with his or her parents,
3legal guardian, or other relatives; or that an adult with a
4mental disability is in full-time residence in a setting not
5subject to licensure under the Nursing Home Care Act, the
6Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
7Community Care Act, the MC/DD Act, or the Child Care Act of
81969, as now or hereafter amended, with 3 or fewer other adults
9unrelated to the adult with a mental disability who do not
10provide home-based services to the adult with a mental
11disability.
12    (g) "Parent" means the biological or adoptive parent of an
13adult with a mental disability, or a person licensed as a
14foster parent under the laws of this State who acts as a foster
15parent to an adult with a mental disability.
16    (h) "Relative" means any of the following relationships by
17blood, marriage or adoption: parent, son, daughter, brother,
18sister, grandparent, uncle, aunt, nephew, niece, great
19grandparent, great uncle, great aunt, stepbrother, stepsister,
20stepson, stepdaughter, stepparent or first cousin.
21    (i) "Severe autism" means a lifelong developmental
22disability which is typically manifested before 30 months of
23age and is characterized by severe disturbances in reciprocal
24social interactions; verbal and nonverbal communication and
25imaginative activity; and repertoire of activities and
26interests. A person shall be determined severely autistic, for

 

 

HB5540 Engrossed- 1010 -LRB099 16003 AMC 40320 b

1purposes of this Article, if both of the following are present:
2        (1) Diagnosis consistent with the criteria for
3    autistic disorder in the current edition of the Diagnostic
4    and Statistical Manual of Mental Disorders.
5        (2) Severe disturbances in reciprocal social
6    interactions; verbal and nonverbal communication and
7    imaginative activity; repertoire of activities and
8    interests. A determination of severe autism shall be based
9    upon a comprehensive, documented assessment with an
10    evaluation by a licensed clinical psychologist or
11    psychiatrist. A determination of severe autism shall not be
12    based solely on behaviors relating to environmental,
13    cultural or economic differences.
14    (j) "Severe mental illness" means the manifestation of all
15of the following characteristics:
16        (1) A primary diagnosis of one of the major mental
17    disorders in the current edition of the Diagnostic and
18    Statistical Manual of Mental Disorders listed below:
19            (A) Schizophrenia disorder.
20            (B) Delusional disorder.
21            (C) Schizo-affective disorder.
22            (D) Bipolar affective disorder.
23            (E) Atypical psychosis.
24            (F) Major depression, recurrent.
25        (2) The individual's mental illness must substantially
26    impair his or her functioning in at least 2 of the

 

 

HB5540 Engrossed- 1011 -LRB099 16003 AMC 40320 b

1    following areas:
2            (A) Self-maintenance.
3            (B) Social functioning.
4            (C) Activities of community living.
5            (D) Work skills.
6        (3) Disability must be present or expected to be
7    present for at least one year.
8    A determination of severe mental illness shall be based
9upon a comprehensive, documented assessment with an evaluation
10by a licensed clinical psychologist or psychiatrist, and shall
11not be based solely on behaviors relating to environmental,
12cultural or economic differences.
13    (k) "Severe or profound intellectual disability" means a
14manifestation of all of the following characteristics:
15        (1) A diagnosis which meets Classification in Mental
16    Retardation or criteria in the current edition of the
17    Diagnostic and Statistical Manual of Mental Disorders for
18    severe or profound mental retardation (an IQ of 40 or
19    below). This must be measured by a standardized instrument
20    for general intellectual functioning.
21        (2) A severe or profound level of disturbed adaptive
22    behavior. This must be measured by a standardized adaptive
23    behavior scale or informal appraisal by the professional in
24    keeping with illustrations in Classification in Mental
25    Retardation, 1983.
26        (3) Disability diagnosed before age of 18.

 

 

HB5540 Engrossed- 1012 -LRB099 16003 AMC 40320 b

1    A determination of a severe or profound intellectual
2disability shall be based upon a comprehensive, documented
3assessment with an evaluation by a licensed clinical
4psychologist or certified school psychologist or a
5psychiatrist, and shall not be based solely on behaviors
6relating to environmental, cultural or economic differences.
7    (l) "Severe and multiple impairments" means the
8manifestation of all of the following characteristics:
9        (1) The evaluation determines the presence of a
10    developmental disability which is expected to continue
11    indefinitely, constitutes a substantial disability and is
12    attributable to any of the following:
13            (A) Intellectual disability, which is defined as
14        general intellectual functioning that is 2 or more
15        standard deviations below the mean concurrent with
16        impairment of adaptive behavior which is 2 or more
17        standard deviations below the mean. Assessment of the
18        individual's intellectual functioning must be measured
19        by a standardized instrument for general intellectual
20        functioning.
21            (B) Cerebral palsy.
22            (C) Epilepsy.
23            (D) Autism.
24            (E) Any other condition which results in
25        impairment similar to that caused by an intellectual
26        disability and which requires services similar to

 

 

HB5540 Engrossed- 1013 -LRB099 16003 AMC 40320 b

1        those required by persons with intellectual
2        disabilities.
3        (2) The evaluation determines multiple disabilities in
4    physical, sensory, behavioral or cognitive functioning
5    which constitute a severe or profound impairment
6    attributable to one or more of the following:
7            (A) Physical functioning, which severely impairs
8        the individual's motor performance that may be due to:
9                (i) Neurological, psychological or physical
10            involvement resulting in a variety of disabling
11            conditions such as hemiplegia, quadriplegia or
12            ataxia,
13                (ii) Severe organ systems involvement such as
14            congenital heart defect,
15                (iii) Physical abnormalities resulting in the
16            individual being non-mobile and non-ambulatory or
17            confined to bed and receiving assistance in
18            transferring, or
19                (iv) The need for regular medical or nursing
20            supervision such as gastrostomy care and feeding.
21            Assessment of physical functioning must be based
22        on clinical medical assessment by a physician licensed
23        to practice medicine in all its branches, using the
24        appropriate instruments, techniques and standards of
25        measurement required by the professional.
26            (B) Sensory, which involves severe restriction due

 

 

HB5540 Engrossed- 1014 -LRB099 16003 AMC 40320 b

1        to hearing or visual impairment limiting the
2        individual's movement and creating dependence in
3        completing most daily activities. Hearing impairment
4        is defined as a loss of 70 decibels aided or speech
5        discrimination of less than 50% aided. Visual
6        impairment is defined as 20/200 corrected in the better
7        eye or a visual field of 20 degrees or less. Sensory
8        functioning must be based on clinical medical
9        assessment by a physician licensed to practice
10        medicine in all its branches using the appropriate
11        instruments, techniques and standards of measurement
12        required by the professional.
13            (C) Behavioral, which involves behavior that is
14        maladaptive and presents a danger to self or others, is
15        destructive to property by deliberately breaking,
16        destroying or defacing objects, is disruptive by
17        fighting, or has other socially offensive behaviors in
18        sufficient frequency or severity to seriously limit
19        social integration. Assessment of behavioral
20        functioning may be measured by a standardized scale or
21        informal appraisal by a clinical psychologist or
22        psychiatrist.
23            (D) Cognitive, which involves intellectual
24        functioning at a measured IQ of 70 or below. Assessment
25        of cognitive functioning must be measured by a
26        standardized instrument for general intelligence.

 

 

HB5540 Engrossed- 1015 -LRB099 16003 AMC 40320 b

1        (3) The evaluation determines that development is
2    substantially less than expected for the age in cognitive,
3    affective or psychomotor behavior as follows:
4            (A) Cognitive, which involves intellectual
5        functioning at a measured IQ of 70 or below. Assessment
6        of cognitive functioning must be measured by a
7        standardized instrument for general intelligence.
8            (B) Affective behavior, which involves over and
9        under responding to stimuli in the environment and may
10        be observed in mood, attention to awareness, or in
11        behaviors such as euphoria, anger or sadness that
12        seriously limit integration into society. Affective
13        behavior must be based on clinical assessment using the
14        appropriate instruments, techniques and standards of
15        measurement required by the professional.
16            (C) Psychomotor, which includes a severe
17        developmental delay in fine or gross motor skills so
18        that development in self-care, social interaction,
19        communication or physical activity will be greatly
20        delayed or restricted.
21        (4) A determination that the disability originated
22    before the age of 18 years.
23    A determination of severe and multiple impairments shall be
24based upon a comprehensive, documented assessment with an
25evaluation by a licensed clinical psychologist or
26psychiatrist.

 

 

HB5540 Engrossed- 1016 -LRB099 16003 AMC 40320 b

1    If the examiner is a licensed clinical psychologist,
2ancillary evaluation of physical impairment, cerebral palsy or
3epilepsy must be made by a physician licensed to practice
4medicine in all its branches.
5    Regardless of the discipline of the examiner, ancillary
6evaluation of visual impairment must be made by an
7ophthalmologist or a licensed optometrist.
8    Regardless of the discipline of the examiner, ancillary
9evaluation of hearing impairment must be made by an
10otolaryngologist or an audiologist with a certificate of
11clinical competency.
12    The only exception to the above is in the case of a person
13with cerebral palsy or epilepsy who, according to the
14eligibility criteria listed below, has multiple impairments
15which are only physical and sensory. In such a case, a
16physician licensed to practice medicine in all its branches may
17serve as the examiner.
18    (m) "Twenty-four-hour-a-day supervision" means
1924-hour-a-day care by a trained mental health or developmental
20disability professional on an ongoing basis.
21(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
2299-180, eff. 7-29-15; revised 10-15-15.)
 
23    (405 ILCS 80/5-1)  (from Ch. 91 1/2, par. 1805-1)
24    Sec. 5-1. As the mental health and developmental
25disabilities or intellectual disabilities authority for the

 

 

HB5540 Engrossed- 1017 -LRB099 16003 AMC 40320 b

1State of Illinois, the Department of Human Services shall have
2the authority to license, certify and prescribe standards
3governing the programs and services provided under this Act, as
4well as all other agencies or programs which provide home-based
5or community-based services to persons with mental
6disabilities, except those services, programs or agencies
7established under or otherwise subject to the Child Care Act of
81969, the Specialized Mental Health Rehabilitation Act of 2013,
9the ID/DD Community Care Act, or the MC/DD Act, as now or
10hereafter amended, and this Act shall not be construed to limit
11the application of those Acts.
12(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
1399-180, eff. 7-29-15; revised 10-15-15.)
 
14    Section 430. The Sexual Assault Survivors Emergency
15Treatment Act is amended by changing Section 5 as follows:
 
16    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
17    Sec. 5. Minimum requirements for hospitals providing
18hospital emergency services and forensic services to sexual
19assault survivors.
20    (a) Every hospital providing hospital emergency services
21and forensic services to sexual assault survivors under this
22Act shall, as minimum requirements for such services, provide,
23with the consent of the sexual assault survivor, and as ordered
24by the attending physician, an advanced practice nurse, or a

 

 

HB5540 Engrossed- 1018 -LRB099 16003 AMC 40320 b

1physician assistant, the following:
2        (1) appropriate medical examinations and laboratory
3    tests required to ensure the health, safety, and welfare of
4    a sexual assault survivor or which may be used as evidence
5    in a criminal proceeding against a person accused of the
6    sexual assault, or both; and records of the results of such
7    examinations and tests shall be maintained by the hospital
8    and made available to law enforcement officials upon the
9    request of the sexual assault survivor;
10        (2) appropriate oral and written information
11    concerning the possibility of infection, sexually
12    transmitted disease and pregnancy resulting from sexual
13    assault;
14        (3) appropriate oral and written information
15    concerning accepted medical procedures, medication, and
16    possible contraindications of such medication available
17    for the prevention or treatment of infection or disease
18    resulting from sexual assault;
19        (4) an amount of medication for treatment at the
20    hospital and after discharge as is deemed appropriate by
21    the attending physician, an advanced practice nurse, or a
22    physician assistant and consistent with the hospital's
23    current approved protocol for sexual assault survivors;
24        (5) an evaluation of the sexual assault survivor's risk
25    of contracting human immunodeficiency virus (HIV) from the
26    sexual assault;

 

 

HB5540 Engrossed- 1019 -LRB099 16003 AMC 40320 b

1        (6) written and oral instructions indicating the need
2    for follow-up examinations and laboratory tests after the
3    sexual assault to determine the presence or absence of
4    sexually transmitted disease;
5        (7) referral by hospital personnel for appropriate
6    counseling; and
7        (8) when HIV prophylaxis is deemed appropriate, an
8    initial dose or doses of HIV prophylaxis, along with
9    written and oral instructions indicating the importance of
10    timely follow-up healthcare.
11    (b) Any person who is a sexual assault survivor who seeks
12emergency hospital services and forensic services or follow-up
13healthcare under this Act shall be provided such services
14without the consent of any parent, guardian, custodian,
15surrogate, or agent.
16    (b-5) Every treating hospital providing hospital emergency
17and forensic services to sexual assault survivors shall issue a
18voucher to any sexual assault survivor who is eligible to
19receive one. The hospital shall make a copy of the voucher and
20place it in the medical record of the sexual assault survivor.
21The hospital shall provide a copy of the voucher to the sexual
22assault survivor after discharge upon request.
23    (c) Nothing in this Section creates a physician-patient
24relationship that extends beyond discharge from the hospital
25emergency department.
26(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;

 

 

HB5540 Engrossed- 1020 -LRB099 16003 AMC 40320 b

1revised 10-16-15.)
 
2    Section 435. The Compassionate Use of Medical Cannabis
3Pilot Program Act is amended by changing Section 45 as follows:
 
4    (410 ILCS 130/45)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 45. Addition of debilitating medical conditions. Any
7citizen may petition the Department of Public Health to add
8debilitating conditions or treatments to the list of
9debilitating medical conditions listed in subsection (h) of
10Section 10. The Department of Public Health shall consider
11petitions in the manner required by Department rule, including
12public notice and hearing. The Department shall approve or deny
13a petition within 180 days of its submission, and, upon
14approval, shall proceed to add that condition by rule in
15accordance with the Illinois Administrative Procedure Act. The
16approval or denial of any petition is a final decision of the
17Department, subject to judicial review. Jurisdiction and venue
18are vested in the Circuit Court.
19(Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.)
 
20    Section 440. The AIDS Confidentiality Act is amended by
21changing Section 3 as follows:
 
22    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)

 

 

HB5540 Engrossed- 1021 -LRB099 16003 AMC 40320 b

1    Sec. 3. Definitions. When used in this Act:
2    (a) "AIDS" means acquired immunodeficiency syndrome.
3    (b) "Authority" means the Illinois Health Information
4Exchange Authority established pursuant to the Illinois Health
5Information Exchange and Technology Act.
6    (c) "Business associate" has the meaning ascribed to it
7under HIPAA, as specified in 45 CFR 160.103.
8    (d) "Covered entity" has the meaning ascribed to it under
9HIPAA, as specified in 45 CFR 160.103.
10    (e) "De-identified information" means health information
11that is not individually identifiable as described under HIPAA,
12as specified in 45 CFR 164.514(b).
13    (f) "Department" means the Illinois Department of Public
14Health or its designated agents.
15    (g) "Disclosure" has the meaning ascribed to it under
16HIPAA, as specified in 45 CFR 160.103.
17    (h) "Health care operations" has the meaning ascribed to it
18under HIPAA, as specified in 45 CFR 164.501.
19    (i) "Health care professional" means (i) a licensed
20physician, (ii) a licensed physician assistant, (iii) a
21licensed advanced practice nurse, (iv) an advanced practice
22nurse or physician assistant who practices in a hospital or
23ambulatory surgical treatment center and possesses appropriate
24clinical privileges, (v) a licensed dentist, (vi) a licensed
25podiatric physician, or (vii) an individual certified to
26provide HIV testing and counseling by a state or local public

 

 

HB5540 Engrossed- 1022 -LRB099 16003 AMC 40320 b

1health department.
2    (j) "Health care provider" has the meaning ascribed to it
3under HIPAA, as specified in 45 CFR 160.103.
4    (k) "Health facility" means a hospital, nursing home, blood
5bank, blood center, sperm bank, or other health care
6institution, including any "health facility" as that term is
7defined in the Illinois Finance Authority Act.
8    (l) "Health information exchange" or "HIE" means a health
9information exchange or health information organization that
10oversees and governs the electronic exchange of health
11information that (i) is established pursuant to the Illinois
12Health Information Exchange and Technology Act, or any
13subsequent amendments thereto, and any administrative rules
14adopted thereunder; (ii) has established a data sharing
15arrangement with the Authority; or (iii) as of August 16, 2013,
16was designated by the Authority Board as a member of, or was
17represented on, the Authority Board's Regional Health
18Information Exchange Workgroup; provided that such designation
19shall not require the establishment of a data sharing
20arrangement or other participation with the Illinois Health
21Information Exchange or the payment of any fee. In certain
22circumstances, in accordance with HIPAA, an HIE will be a
23business associate.
24    (m) "Health oversight agency" has the meaning ascribed to
25it under HIPAA, as specified in 45 CFR 164.501.
26    (n) "HIPAA" means the Health Insurance Portability and

 

 

HB5540 Engrossed- 1023 -LRB099 16003 AMC 40320 b

1Accountability Act of 1996, Public Law 104-191, as amended by
2the Health Information Technology for Economic and Clinical
3Health Act of 2009, Public Law 111-05, and any subsequent
4amendments thereto and any regulations promulgated thereunder.
5    (o) "HIV" means the human immunodeficiency virus.
6    (p) "HIV-related information" means the identity of a
7person upon whom an HIV test is performed, the results of an
8HIV test, as well as diagnosis, treatment, and prescription
9information that reveals a patient is HIV-positive, including
10such information contained in a limited data set. "HIV-related
11information" does not include information that has been
12de-identified in accordance with HIPAA.
13    (q) "Informed consent" means:
14        (1) where a health care provider, health care
15    professional, or health facility has implemented opt-in
16    testing, a process by which an individual or their legal
17    representative receives pre-test information, has an
18    opportunity to ask questions, and consents verbally or in
19    writing to the test without undue inducement or any element
20    of force, fraud, deceit, duress, or other form of
21    constraint or coercion; or
22        (2) where a health care provider, health care
23    professional, or health facility has implemented opt-out
24    testing, the individual or their legal representative has
25    been notified verbally or in writing that the test is
26    planned, has received pre-test information, has been given

 

 

HB5540 Engrossed- 1024 -LRB099 16003 AMC 40320 b

1    the opportunity to ask questions and the opportunity to
2    decline testing, and has not declined testing; where such
3    notice is provided, consent for opt-out HIV testing may be
4    incorporated into the patient's general consent for
5    medical care on the same basis as are other screening or
6    diagnostic tests; a separate consent for opt-out HIV
7    testing is not required.
8    In addition, where the person providing informed consent is
9a participant in an HIE, informed consent requires a fair
10explanation that the results of the patient's HIV test will be
11accessible through an HIE and meaningful disclosure of the
12patient's opt-out right under Section 9.6 of this Act.
13    A health care provider, health care professional, or health
14facility undertaking an informed consent process for HIV
15testing under this subsection may combine a form used to obtain
16informed consent for HIV testing with forms used to obtain
17written consent for general medical care or any other medical
18test or procedure, provided that the forms make it clear that
19the subject may consent to general medical care, tests, or
20procedures without being required to consent to HIV testing,
21and clearly explain how the subject may decline HIV testing.
22Health facility clerical staff or other staff responsible for
23the consent form for general medical care may obtain consent
24for HIV testing through a general consent form.
25    (r) "Limited data set" has the meaning ascribed to it under
26HIPAA, as described in 45 CFR 164.514(e)(2).

 

 

HB5540 Engrossed- 1025 -LRB099 16003 AMC 40320 b

1    (s) "Minimum necessary" means the HIPAA standard for using,
2disclosing, and requesting protected health information found
3in 45 CFR 164.502(b) and 164.514(d).
4    (s-1) "Opt-in testing" means an approach where an HIV test
5is presented by offering the test and the patient accepts or
6declines testing.
7    (s-3) "Opt-out testing" means an approach where an HIV test
8is presented such that a patient is notified that HIV testing
9may occur unless the patient declines.
10    (t) "Organized health care arrangement" has the meaning
11ascribed to it under HIPAA, as specified in 45 CFR 160.103.
12    (u) "Patient safety activities" has the meaning ascribed to
13it under 42 CFR 3.20.
14    (v) "Payment" has the meaning ascribed to it under HIPAA,
15as specified in 45 CFR 164.501.
16    (w) "Person" includes any natural person, partnership,
17association, joint venture, trust, governmental entity, public
18or private corporation, health facility, or other legal entity.
19    (w-5) "Pre-test information" means:
20        (1) a reasonable explanation of the test, including its
21    purpose, potential uses, limitations, and the meaning of
22    its results; and
23        (2) a reasonable explanation of the procedures to be
24    followed, including the voluntary nature of the test, the
25    availability of a qualified person to answer questions, the
26    right to withdraw consent to the testing process at any

 

 

HB5540 Engrossed- 1026 -LRB099 16003 AMC 40320 b

1    time, the right to anonymity to the extent provided by law
2    with respect to participation in the test and disclosure of
3    test results, and the right to confidential treatment of
4    information identifying the subject of the test and the
5    results of the test, to the extent provided by law.
6    Pre-test information may be provided in writing, verbally,
7or by video, electronic, or other means and may be provided as
8designated by the supervising health care professional or the
9health facility.
10    For the purposes of this definition, a qualified person to
11answer questions is a health care professional or, when acting
12under the supervision of a health care professional, a
13registered nurse, medical assistant, or other person
14determined to be sufficiently knowledgeable about HIV testing,
15its purpose, potential uses, limitations, the meaning of the
16test results, and the testing procedures in the professional
17judgment of a supervising health care professional or as
18designated by a health care facility.
19    (x) "Protected health information" has the meaning
20ascribed to it under HIPAA, as specified in 45 CFR 160.103.
21    (y) "Research" has the meaning ascribed to it under HIPAA,
22as specified in 45 CFR 164.501.
23    (z) "State agency" means an instrumentality of the State of
24Illinois and any instrumentality of another state that,
25pursuant to applicable law or a written undertaking with an
26instrumentality of the State of Illinois, is bound to protect

 

 

HB5540 Engrossed- 1027 -LRB099 16003 AMC 40320 b

1the privacy of HIV-related information of Illinois persons.
2    (aa) "Test" or "HIV test" means a test to determine the
3presence of the antibody or antigen to HIV, or of HIV
4infection.
5    (bb) "Treatment" has the meaning ascribed to it under
6HIPAA, as specified in 45 CFR 164.501.
7    (cc) "Use" has the meaning ascribed to it under HIPAA, as
8specified in 45 CFR 160.103, where context dictates.
9(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54,
10eff. 1-1-16; 99-173, eff. 7-29-15; revised 10-16-15.)
 
11    Section 445. The Illinois Sexually Transmissible Disease
12Control Act is amended by changing Section 5.5 as follows:
 
13    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
14    Sec. 5.5. Risk assessment.
15    (a) Whenever the Department receives a report of HIV
16infection or AIDS pursuant to this Act and the Department
17determines that the subject of the report may present or may
18have presented a possible risk of HIV transmission, the
19Department shall, when medically appropriate, investigate the
20subject of the report and that person's contacts as defined in
21subsection (c), to assess the potential risks of transmission.
22Any investigation and action shall be conducted in a timely
23fashion. All contacts other than those defined in subsection
24(c) shall be investigated in accordance with Section 5 of this

 

 

HB5540 Engrossed- 1028 -LRB099 16003 AMC 40320 b

1Act.
2    (b) If the Department determines that there is or may have
3been potential risks of HIV transmission from the subject of
4the report to other persons, the Department shall afford the
5subject the opportunity to submit any information and comment
6on proposed actions the Department intends to take with respect
7to the subject's contacts who are at potential risk of
8transmission of HIV prior to notification of the subject's
9contacts. The Department shall also afford the subject of the
10report the opportunity to notify the subject's contacts in a
11timely fashion who are at potential risk of transmission of HIV
12prior to the Department taking any steps to notify such
13contacts. If the subject declines to notify such contacts or if
14the Department determines the notices to be inadequate or
15incomplete, the Department shall endeavor to notify such other
16persons of the potential risk, and offer testing and counseling
17services to these individuals. When the contacts are notified,
18they shall be informed of the disclosure provisions of the AIDS
19Confidentiality Act and the penalties therein and this Section.
20    (c) Contacts investigated under this Section shall in the
21case of HIV infection include (i) individuals who have
22undergone invasive procedures performed by an HIV infected
23health care provider and (ii) health care providers who have
24performed invasive procedures for persons infected with HIV,
25provided the Department has determined that there is or may
26have been potential risk of HIV transmission from the health

 

 

HB5540 Engrossed- 1029 -LRB099 16003 AMC 40320 b

1care provider to those individuals or from infected persons to
2health care providers. The Department shall have access to the
3subject's records to review for the identity of contacts. The
4subject's records shall not be copied or seized by the
5Department.
6    For purposes of this subsection, the term "invasive
7procedures" means those procedures termed invasive by the
8Centers for Disease Control in current guidelines or
9recommendations for the prevention of HIV transmission in
10health care settings, and the term "health care provider" means
11any physician, dentist, podiatric physician, advanced practice
12nurse, physician assistant, nurse, or other person providing
13health care services of any kind.
14    (d) All information and records held by the Department and
15local health authorities pertaining to activities conducted
16pursuant to this Section shall be strictly confidential and
17exempt from copying and inspection under the Freedom of
18Information Act. Such information and records shall not be
19released or made public by the Department or local health
20authorities, and shall not be admissible as evidence, nor
21discoverable in any action of any kind in any court or before
22any tribunal, board, agency or person and shall be treated in
23the same manner as the information and those records subject to
24the provisions of Part 21 of Article VIII of the Code of Civil
25Procedure except under the following circumstances:
26        (1) When made with the written consent of all persons

 

 

HB5540 Engrossed- 1030 -LRB099 16003 AMC 40320 b

1    to whom this information pertains;
2        (2) When authorized under Section 8 to be released
3    under court order or subpoena pursuant to Section 12-5.01
4    or 12-16.2 of the Criminal Code of 1961 or the Criminal
5    Code of 2012; or
6        (3) When made by the Department for the purpose of
7    seeking a warrant authorized by Sections 6 and 7 of this
8    Act. Such disclosure shall conform to the requirements of
9    subsection (a) of Section 8 of this Act.
10    (e) Any person who knowingly or maliciously disseminates
11any information or report concerning the existence of any
12disease under this Section is guilty of a Class A misdemeanor.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-214, eff. 8-9-13;
1498-756, eff. 7-16-14; revised 10-15-15.)
 
15    Section 450. The Food Handling Regulation Enforcement Act
16is amended by changing Section 3.3 as follows:
 
17    (410 ILCS 625/3.3)
18    Sec. 3.3. Farmers' markets.
19    (a) The General Assembly finds as follows:
20        (1) Farmers' markets, as defined in subsection (b) of
21    this Section, provide not only a valuable marketplace for
22    farmers and food artisans to sell their products directly
23    to consumers, but also a place for consumers to access
24    fresh fruits, vegetables, and other agricultural products.

 

 

HB5540 Engrossed- 1031 -LRB099 16003 AMC 40320 b

1        (2) Farmers' markets serve as a stimulator for local
2    economies and for thousands of new businesses every year,
3    allowing farmers to sell directly to consumers and capture
4    the full retail value of their products. They have become
5    important community institutions and have figured in the
6    revitalization of downtown districts and rural
7    communities.
8        (3) Since 1999, the number of farmers' markets has
9    tripled and new ones are being established every year.
10    There is a lack of consistent regulation from one county to
11    the next, resulting in confusion and discrepancies between
12    counties regarding how products may be sold.
13        (4) In 1999, the Department of Public Health published
14    Technical Information Bulletin/Food #30 in order to
15    outline the food handling and sanitation guidelines
16    required for farmers' markets, producer markets, and other
17    outdoor food sales events.
18        (5) While this bulletin was revised in 2010, there
19    continues to be inconsistencies, confusion, and lack of
20    awareness by consumers, farmers, markets, and local health
21    authorities of required guidelines affecting farmers'
22    markets from county to county.
23    (b) For the purposes of this Section:
24    "Department" means the Department of Public Health.
25    "Director" means the Director of Public Health.
26    "Farmers' market" means a common facility or area where the

 

 

HB5540 Engrossed- 1032 -LRB099 16003 AMC 40320 b

1primary purpose is for farmers to gather to sell a variety of
2fresh fruits and vegetables and other locally produced farm and
3food products directly to consumers.
4    (c) In order to facilitate the orderly and uniform
5statewide implementation of the standards established in the
6Department of Public Health's administrative rules for this
7Section, the Farmers' Market Task Force shall be formed by the
8Director to assist the Department in implementing statewide
9administrative regulations for farmers' markets.
10    (d) This Section does not intend and shall not be construed
11to limit the power of counties, municipalities, and other local
12government units to regulate farmers' markets for the
13protection of the public health, safety, morals, and welfare,
14including, but not limited to, licensing requirements and time,
15place, and manner restrictions. This Section provides for a
16statewide scheme for the orderly and consistent interpretation
17of the Department of Public Health administrative rules
18pertaining to the safety of food and food products sold at
19farmers' markets.
20    (e) The Farmers' Market Task Force shall consist of at
21least 24 members appointed within 60 days after August 16, 2011
22(the effective date of this Section). Task Force members shall
23consist of:
24        (1) one person appointed by the President of the
25    Senate;
26        (2) one person appointed by the Minority Leader of the

 

 

HB5540 Engrossed- 1033 -LRB099 16003 AMC 40320 b

1    Senate;
2        (3) one person appointed by the Speaker of the House of
3    Representatives;
4        (4) one person appointed by the Minority Leader of the
5    House of Representatives;
6        (5) the Director of Public Health or his or her
7    designee;
8        (6) the Director of Agriculture or his or her designee;
9        (7) a representative of a general agricultural
10    production association appointed by the Department of
11    Agriculture;
12        (8) three representatives of local county public
13    health departments appointed by the Director and selected
14    from 3 different counties representing each of the
15    northern, central, and southern portions of this State;
16        (9) four members of the general public who are engaged
17    in local farmers' markets appointed by the Director of
18    Agriculture;
19        (10) a representative of an association representing
20    public health administrators appointed by the Director;
21        (11) a representative of an organization of public
22    health departments that serve the City of Chicago and the
23    counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,
24    Will, and Winnebago appointed by the Director;
25        (12) a representative of a general public health
26    association appointed by the Director;

 

 

HB5540 Engrossed- 1034 -LRB099 16003 AMC 40320 b

1        (13) the Director of Commerce and Economic Opportunity
2    or his or her designee;
3        (14) the Lieutenant Governor or his or her designee;
4    and
5        (15) five farmers who sell their farm products at
6    farmers' markets appointed by the Lieutenant Governor or
7    his or her designee.
8    Task Force members' terms shall be for a period of 2 years,
9with ongoing appointments made according to the provisions of
10this Section.
11    (f) The Task Force shall be convened by the Director or his
12or her designee. Members shall elect a Task Force Chair and
13Co-Chair.
14    (g) Meetings may be held via conference call, in person, or
15both. Three members of the Task Force may call a meeting as
16long as a 5-working-day notification is sent via mail, e-mail,
17or telephone call to each member of the Task Force.
18    (h) Members of the Task Force shall serve without
19compensation.
20    (i) The Task Force shall undertake a comprehensive and
21thorough review of the current Statutes and administrative
22rules that define which products and practices are permitted
23and which products and practices are not permitted at farmers'
24markets and to assist the Department in developing statewide
25administrative regulations for farmers' markets.
26    (j) The Task Force shall advise the Department regarding

 

 

HB5540 Engrossed- 1035 -LRB099 16003 AMC 40320 b

1the content of any administrative rules adopted under this
2Section and Sections 3.4, 3.5, and 4 of this Act Section prior
3to adoption of the rules. Any administrative rules, except
4emergency rules adopted pursuant to Section 5-45 of the
5Illinois Administrative Procedure Act, adopted under this
6Section without obtaining the advice of the Task Force are null
7and void. If the Department fails to follow the advice of the
8Task Force, the Department shall, prior to adopting the rules,
9transmit a written explanation to the Task Force. If the Task
10Force, having been asked for its advice, fails to advise the
11Department within 90 days after receiving the rules for review,
12the rules shall be considered to have been approved by the Task
13Force.
14    (k) The Department of Public Health shall provide staffing
15support to the Task Force and shall help to prepare, print, and
16distribute all reports deemed necessary by the Task Force.
17    (l) The Task Force may request assistance from any entity
18necessary or useful for the performance of its duties. The Task
19Force shall issue a report annually to the Secretary of the
20Senate and the Clerk of the House.
21    (m) The following provisions shall apply concerning
22statewide farmers' market food safety guidelines:
23        (1) The Director, in accordance with this Section,
24    shall adopt administrative rules (as provided by the
25    Illinois Administrative Procedure Act) for foods found at
26    farmers' markets.

 

 

HB5540 Engrossed- 1036 -LRB099 16003 AMC 40320 b

1        (2) The rules and regulations described in this Section
2    shall be consistently enforced by local health authorities
3    throughout the State.
4        (2.5) Notwithstanding any other provision of law
5    except as provided in this Section, local public health
6    departments and all other units of local government are
7    prohibited from creating sanitation guidelines, rules, or
8    regulations for farmers' markets that are more stringent
9    than those farmers' market sanitation regulations
10    contained in the administrative rules adopted by the
11    Department for the purposes of implementing this Section
12    and Sections 3.4, 3.5, and 4 of this Act. Except as
13    provided for in Sections 3.4 and 4 of this Act, this
14    Section does not intend and shall not be construed to limit
15    the power of local health departments and other government
16    units from requiring licensing and permits for the sale of
17    commercial food products, processed food products,
18    prepared foods, and potentially hazardous foods at
19    farmers' markets or conducting related inspections and
20    enforcement activities, so long as those permits and
21    licenses do not include unreasonable fees or sanitation
22    provisions and rules that are more stringent than those
23    laid out in the administrative rules adopted by the
24    Department for the purposes of implementing this Section
25    and Sections 3.4, 3.5, and 4 of this Act.
26        (3) In the case of alleged non-compliance with the

 

 

HB5540 Engrossed- 1037 -LRB099 16003 AMC 40320 b

1    provisions described in this Section, local health
2    departments shall issue written notices to vendors and
3    market managers of any noncompliance issues.
4        (4) Produce and food products coming within the scope
5    of the provisions of this Section shall include, but not be
6    limited to, raw agricultural products, including fresh
7    fruits and vegetables; popcorn, grains, seeds, beans, and
8    nuts that are whole, unprocessed, unpackaged, and
9    unsprouted; fresh herb springs and dried herbs in bunches;
10    baked goods sold at farmers' markets; cut fruits and
11    vegetables; milk and cheese products; ice cream; syrups;
12    wild and cultivated mushrooms; apple cider and other fruit
13    and vegetable juices; herb vinegar; garlic-in-oil;
14    flavored oils; pickles, relishes, salsas, and other canned
15    or jarred items; shell eggs; meat and poultry; fish;
16    ready-to-eat foods; commercially produced prepackaged food
17    products; and any additional items specified in the
18    administrative rules adopted by the Department to
19    implement Section 3.3 of this Act.
20    (n) Local health department regulatory guidelines may be
21applied to foods not often found at farmers' markets, all other
22food products not regulated by the Department of Agriculture
23and the Department of Public Health, as well as live animals to
24be sold at farmers' markets.
25    (o) The Task Force shall issue annual reports to the
26Secretary of the Senate and the Clerk of the House with

 

 

HB5540 Engrossed- 1038 -LRB099 16003 AMC 40320 b

1recommendations for the development of administrative rules as
2specified. The first report shall be issued no later than
3December 31, 2012.
4    (p) The Department of Public Health and the Department of
5Agriculture, in conjunction with the Task Force, shall adopt
6administrative rules necessary to implement, interpret, and
7make specific the provisions of this Section, including, but
8not limited to, rules concerning labels, sanitation, and food
9product safety according to the realms of their jurisdiction in
10accordance with subsection (j) of this Section.
11    (q) The Department and the Task Force shall work together
12to create a food sampling training and license program as
13specified in Section 3.4 of this Act.
14(Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191,
15eff. 1-1-16; revised 10-30-15.)
 
16    Section 455. The Environmental Protection Act is amended by
17changing Sections 3.330, 22.55, and 39 as follows:
 
18    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
19    Sec. 3.330. Pollution control facility.
20    (a) "Pollution control facility" is any waste storage site,
21sanitary landfill, waste disposal site, waste transfer
22station, waste treatment facility, or waste incinerator. This
23includes sewers, sewage treatment plants, and any other
24facilities owned or operated by sanitary districts organized

 

 

HB5540 Engrossed- 1039 -LRB099 16003 AMC 40320 b

1under the Metropolitan Water Reclamation District Act.
2    The following are not pollution control facilities:
3        (1) (blank);
4        (2) waste storage sites regulated under 40 CFR, Part
5    761.42;
6        (3) sites or facilities used by any person conducting a
7    waste storage, waste treatment, waste disposal, waste
8    transfer or waste incineration operation, or a combination
9    thereof, for wastes generated by such person's own
10    activities, when such wastes are stored, treated, disposed
11    of, transferred or incinerated within the site or facility
12    owned, controlled or operated by such person, or when such
13    wastes are transported within or between sites or
14    facilities owned, controlled or operated by such person;
15        (4) sites or facilities at which the State is
16    performing removal or remedial action pursuant to Section
17    22.2 or 55.3;
18        (5) abandoned quarries used solely for the disposal of
19    concrete, earth materials, gravel, or aggregate debris
20    resulting from road construction activities conducted by a
21    unit of government or construction activities due to the
22    construction and installation of underground pipes, lines,
23    conduit or wires off of the premises of a public utility
24    company which are conducted by a public utility;
25        (6) sites or facilities used by any person to
26    specifically conduct a landscape composting operation;

 

 

HB5540 Engrossed- 1040 -LRB099 16003 AMC 40320 b

1        (7) regional facilities as defined in the Central
2    Midwest Interstate Low-Level Radioactive Waste Compact;
3        (8) the portion of a site or facility where coal
4    combustion wastes are stored or disposed of in accordance
5    with subdivision (r)(2) or (r)(3) of Section 21;
6        (9) the portion of a site or facility used for the
7    collection, storage or processing of waste tires as defined
8    in Title XIV;
9        (10) the portion of a site or facility used for
10    treatment of petroleum contaminated materials by
11    application onto or incorporation into the soil surface and
12    any portion of that site or facility used for storage of
13    petroleum contaminated materials before treatment. Only
14    those categories of petroleum listed in Section 57.9(a)(3)
15    are exempt under this subdivision (10);
16        (11) the portion of a site or facility where used oil
17    is collected or stored prior to shipment to a recycling or
18    energy recovery facility, provided that the used oil is
19    generated by households or commercial establishments, and
20    the site or facility is a recycling center or a business
21    where oil or gasoline is sold at retail;
22        (11.5) processing sites or facilities that receive
23    only on-specification used oil, as defined in 35 Ill.
24    Admin. Code 739, originating from used oil collectors for
25    processing that is managed under 35 Ill. Admin. Code 739 to
26    produce products for sale to off-site petroleum

 

 

HB5540 Engrossed- 1041 -LRB099 16003 AMC 40320 b

1    facilities, if these processing sites or facilities are:
2    (i) located within a home rule unit of local government
3    with a population of at least 30,000 according to the 2000
4    federal census, that home rule unit of local government has
5    been designated as an Urban Round II Empowerment Zone by
6    the United States Department of Housing and Urban
7    Development, and that home rule unit of local government
8    has enacted an ordinance approving the location of the site
9    or facility and provided funding for the site or facility;
10    and (ii) in compliance with all applicable zoning
11    requirements;
12        (12) the portion of a site or facility utilizing coal
13    combustion waste for stabilization and treatment of only
14    waste generated on that site or facility when used in
15    connection with response actions pursuant to the federal
16    Comprehensive Environmental Response, Compensation, and
17    Liability Act of 1980, the federal Resource Conservation
18    and Recovery Act of 1976, or the Illinois Environmental
19    Protection Act or as authorized by the Agency;
20        (13) the portion of a site or facility that accepts
21    exclusively general construction or demolition debris and
22    is operated and located in accordance with Section 22.38 of
23    this Act;
24        (14) the portion of a site or facility, located within
25    a unit of local government that has enacted local zoning
26    requirements, used to accept, separate, and process

 

 

HB5540 Engrossed- 1042 -LRB099 16003 AMC 40320 b

1    uncontaminated broken concrete, with or without protruding
2    metal bars, provided that the uncontaminated broken
3    concrete and metal bars are not speculatively accumulated,
4    are at the site or facility no longer than one year after
5    their acceptance, and are returned to the economic
6    mainstream in the form of raw materials or products;
7        (15) the portion of a site or facility located in a
8    county with a population over 3,000,000 that has obtained
9    local siting approval under Section 39.2 of this Act for a
10    municipal waste incinerator on or before July 1, 2005 and
11    that is used for a non-hazardous waste transfer station;
12        (16) a site or facility that temporarily holds in
13    transit for 10 days or less, non-putrescible solid waste in
14    original containers, no larger in capacity than 500
15    gallons, provided that such waste is further transferred to
16    a recycling, disposal, treatment, or storage facility on a
17    non-contiguous site and provided such site or facility
18    complies with the applicable 10-day transfer requirements
19    of the federal Resource Conservation and Recovery Act of
20    1976 and United States Department of Transportation
21    hazardous material requirements. For purposes of this
22    Section only, "non-putrescible solid waste" means waste
23    other than municipal garbage that does not rot or become
24    putrid, including, but not limited to, paints, solvent,
25    filters, and absorbents;
26        (17) the portion of a site or facility located in a

 

 

HB5540 Engrossed- 1043 -LRB099 16003 AMC 40320 b

1    county with a population greater than 3,000,000 that has
2    obtained local siting approval, under Section 39.2 of this
3    Act, for a municipal waste incinerator on or before July 1,
4    2005 and that is used for wood combustion facilities for
5    energy recovery that accept and burn only wood material, as
6    included in a fuel specification approved by the Agency;
7        (18) a transfer station used exclusively for landscape
8    waste, including a transfer station where landscape waste
9    is ground to reduce its volume, where the landscape waste
10    is held no longer than 24 hours from the time it was
11    received;
12        (19) the portion of a site or facility that (i) is used
13    for the composting of food scrap, livestock waste, crop
14    residue, uncontaminated wood waste, or paper waste,
15    including, but not limited to, corrugated paper or
16    cardboard, and (ii) meets all of the following
17    requirements:
18            (A) There must not be more than a total of 30,000
19        cubic yards of livestock waste in raw form or in the
20        process of being composted at the site or facility at
21        any one time.
22            (B) All food scrap, livestock waste, crop residue,
23        uncontaminated wood waste, and paper waste must, by the
24        end of each operating day, be processed and placed into
25        an enclosed vessel in which air flow and temperature
26        are controlled, or all of the following additional

 

 

HB5540 Engrossed- 1044 -LRB099 16003 AMC 40320 b

1        requirements must be met:
2                (i) The portion of the site or facility used
3            for the composting operation must include a
4            setback of at least 200 feet from the nearest
5            potable water supply well.
6                (ii) The portion of the site or facility used
7            for the composting operation must be located
8            outside the boundary of the 10-year floodplain or
9            floodproofed.
10                (iii) Except in municipalities with more than
11            1,000,000 inhabitants, the portion of the site or
12            facility used for the composting operation must be
13            located at least one-eighth of a mile from the
14            nearest residence, other than a residence located
15            on the same property as the site or facility.
16                (iv) The portion of the site or facility used
17            for the composting operation must be located at
18            least one-eighth of a mile from the property line
19            of all of the following areas:
20                    (I) Facilities that primarily serve to
21                house or treat people that are
22                immunocompromised or immunosuppressed, such as
23                cancer or AIDS patients; people with asthma,
24                cystic fibrosis, or bioaerosol allergies; or
25                children under the age of one year.
26                    (II) Primary and secondary schools and

 

 

HB5540 Engrossed- 1045 -LRB099 16003 AMC 40320 b

1                adjacent areas that the schools use for
2                recreation.
3                    (III) Any facility for child care licensed
4                under Section 3 of the Child Care Act of 1969;
5                preschools; and adjacent areas that the
6                facilities or preschools use for recreation.
7                (v) By the end of each operating day, all food
8            scrap, livestock waste, crop residue,
9            uncontaminated wood waste, and paper waste must be
10            (i) processed into windrows or other piles and (ii)
11            covered in a manner that prevents scavenging by
12            birds and animals and that prevents other
13            nuisances.
14            (C) Food scrap, livestock waste, crop residue,
15        uncontaminated wood waste, paper waste, and compost
16        must not be placed within 5 feet of the water table.
17            (D) The site or facility must meet all of the
18        requirements of the Wild and Scenic Rivers Act (16
19        U.S.C. 1271 et seq.).
20            (E) The site or facility must not (i) restrict the
21        flow of a 100-year flood, (ii) result in washout of
22        food scrap, livestock waste, crop residue,
23        uncontaminated wood waste, or paper waste from a
24        100-year flood, or (iii) reduce the temporary water
25        storage capacity of the 100-year floodplain, unless
26        measures are undertaken to provide alternative storage

 

 

HB5540 Engrossed- 1046 -LRB099 16003 AMC 40320 b

1        capacity, such as by providing lagoons, holding tanks,
2        or drainage around structures at the facility.
3            (F) The site or facility must not be located in any
4        area where it may pose a threat of harm or destruction
5        to the features for which:
6                (i) an irreplaceable historic or
7            archaeological site has been listed under the
8            National Historic Preservation Act (16 U.S.C. 470
9            et seq.) or the Illinois Historic Preservation
10            Act;
11                (ii) a natural landmark has been designated by
12            the National Park Service or the Illinois State
13            Historic Preservation Office; or
14                (iii) a natural area has been designated as a
15            Dedicated Illinois Nature Preserve under the
16            Illinois Natural Areas Preservation Act.
17            (G) The site or facility must not be located in an
18        area where it may jeopardize the continued existence of
19        any designated endangered species, result in the
20        destruction or adverse modification of the critical
21        habitat for such species, or cause or contribute to the
22        taking of any endangered or threatened species of
23        plant, fish, or wildlife listed under the Endangered
24        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
25        Endangered Species Protection Act;
26        (20) the portion of a site or facility that is located

 

 

HB5540 Engrossed- 1047 -LRB099 16003 AMC 40320 b

1    entirely within a home rule unit having a population of no
2    less than 120,000 and no more than 135,000, according to
3    the 2000 federal census, and that meets all of the
4    following requirements:
5            (i) the portion of the site or facility is used
6        exclusively to perform testing of a thermochemical
7        conversion technology using only woody biomass,
8        collected as landscape waste within the boundaries of
9        the home rule unit, as the hydrocarbon feedstock for
10        the production of synthetic gas in accordance with
11        Section 39.9 of this Act;
12            (ii) the portion of the site or facility is in
13        compliance with all applicable zoning requirements;
14        and
15            (iii) a complete application for a demonstration
16        permit at the portion of the site or facility has been
17        submitted to the Agency in accordance with Section 39.9
18        of this Act within one year after July 27, 2010 (the
19        effective date of Public Act 96-1314);
20        (21) the portion of a site or facility used to perform
21    limited testing of a gasification conversion technology in
22    accordance with Section 39.8 of this Act and for which a
23    complete permit application has been submitted to the
24    Agency prior to one year from April 9, 2010 (the effective
25    date of Public Act 96-887);
26        (22) the portion of a site or facility that is used to

 

 

HB5540 Engrossed- 1048 -LRB099 16003 AMC 40320 b

1    incinerate only pharmaceuticals from residential sources
2    that are collected and transported by law enforcement
3    agencies under Section 17.9A of this Act;
4        (23) the portion of a site or facility:
5            (A) that is used exclusively for the transfer of
6        commingled landscape waste and food scrap held at the
7        site or facility for no longer than 24 hours after
8        their receipt;
9            (B) that is located entirely within a home rule
10        unit having a population of either (i) not less than
11        100,000 and not more than 115,000 according to the 2010
12        federal census or (ii) not less than 5,000 and not more
13        than 10,000 according to the 2010 federal census or
14        that is located in the unincorporated area of a county
15        having a population of not less than 700,000 and not
16        more than 705,000 according to the 2010 federal census;
17            (C) that is permitted, by the Agency, prior to
18        January 1, 2002, for the transfer of landscape waste if
19        located in a home rule unit or that is permitted prior
20        to January 1, 2008 if located in an unincorporated area
21        of a county; and
22            (D) for which a permit application is submitted to
23        the Agency to modify an existing permit for the
24        transfer of landscape waste to also include, on a
25        demonstration basis not to exceed 24 months each time a
26        permit is issued, the transfer of commingled landscape

 

 

HB5540 Engrossed- 1049 -LRB099 16003 AMC 40320 b

1        waste and food scrap or for which a permit application
2        is submitted to the Agency within 6 months after
3        January 1, 2016; and
4        (24) the portion of a municipal solid waste landfill
5    unit:
6            (A) that is located in a county having a population
7        of not less than 55,000 and not more than 60,000
8        according to the 2010 federal census;
9            (B) that is owned by that county;
10            (C) that is permitted, by the Agency, prior to July
11        10, 2015 (the effective date of Public Act 99-12) this
12        amendatory Act of the 99th General Assembly; and
13            (D) for which a permit application is submitted to
14        the Agency within 6 months after July 10, 2015 (the
15        effective date of Public Act 99-12) this amendatory Act
16        of the 99th General Assembly for the disposal of
17        non-hazardous special waste.
18    (b) A new pollution control facility is:
19        (1) a pollution control facility initially permitted
20    for development or construction after July 1, 1981; or
21        (2) the area of expansion beyond the boundary of a
22    currently permitted pollution control facility; or
23        (3) a permitted pollution control facility requesting
24    approval to store, dispose of, transfer or incinerate, for
25    the first time, any special or hazardous waste.
26(Source: P.A. 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756,

 

 

HB5540 Engrossed- 1050 -LRB099 16003 AMC 40320 b

1eff. 7-16-14; 98-1130, eff. 1-1-15; 99-12, eff. 7-10-15;
299-440, eff. 8-21-15; revised 10-20-15.)
 
3    (415 ILCS 5/22.55)
4    Sec. 22.55. Household Waste Drop-off Points.
5    (a) Findings; Purpose and Intent.
6        (1) The General Assembly finds that protection of human
7    health and the environment can be enhanced if certain
8    commonly generated household wastes are managed separately
9    from the general household waste stream.
10        (2) The purpose of this Section is to provide, to the
11    extent allowed under federal law, a method for managing
12    certain types of household waste separately from the
13    general household waste stream.
14    (b) Definitions. For the purposes of this Section:
15        "Compostable waste" means household waste that is
16    source-separated food scrap, household waste that is
17    source-separated landscape waste, or a mixture of both.
18        "Controlled substance" means a controlled substance as
19    defined in the Illinois Controlled Substances Act.
20        "Household waste" means waste generated from a single
21    residence or multiple residences.
22        "Household waste drop-off point" means the portion of a
23    site or facility used solely for the receipt and temporary
24    storage of household waste.
25        "One-day compostable waste collection event" means a

 

 

HB5540 Engrossed- 1051 -LRB099 16003 AMC 40320 b

1    household waste drop-off point approved by a county or
2    municipality under subsection (d-5) of this Section.
3        "One-day household waste collection event" means a
4    household waste drop-off point approved by the Agency under
5    subsection (d) of this Section.
6        "Permanent compostable waste collection point" means a
7    household waste drop-off point approved by a county or
8    municipality under subsection (d-6) of this Section.
9        "Personal care product" means an item other than a
10    pharmaceutical product that is consumed or applied by an
11    individual for personal health, hygiene, or cosmetic
12    reasons. Personal care products include, but are not
13    limited to, items used in bathing, dressing, or grooming.
14        "Pharmaceutical product" means medicine or a product
15    containing medicine. A pharmaceutical product may be sold
16    by prescription or over the counter. "Pharmaceutical
17    product" does not include medicine that contains a
18    radioactive component or a product that contains a
19    radioactive component.
20        "Recycling coordinator" means the person designated by
21    each county waste management plan to administer the county
22    recycling program, as set forth in the Solid Waste
23    Management Act.
24    (c) Except as otherwise provided in Agency rules, the
25following requirements apply to each household waste drop-off
26point, other than a one-day household waste collection event,

 

 

HB5540 Engrossed- 1052 -LRB099 16003 AMC 40320 b

1one-day compostable waste collection event, or permanent
2compostable waste collection point:
3        (1) A household waste drop-off point must not accept
4    waste other than the following types of household waste:
5    pharmaceutical products, personal care products, batteries
6    other than lead-acid batteries, paints, automotive fluids,
7    compact fluorescent lightbulbs, mercury thermometers, and
8    mercury thermostats. A household waste drop-off point may
9    accept controlled substances in accordance with federal
10    law.
11        (2) Except as provided in subdivision (c)(2) of this
12    Section, household waste drop-off points must be located at
13    a site or facility where the types of products accepted at
14    the household waste drop-off point are lawfully sold,
15    distributed, or dispensed. For example, household waste
16    drop-off points that accept prescription pharmaceutical
17    products must be located at a site or facility where
18    prescription pharmaceutical products are sold,
19    distributed, or dispensed.
20            (A) Subdivision (c)(2) of this Section does not
21        apply to household waste drop-off points operated by a
22        government or school entity, or by an association or
23        other organization of government or school entities.
24            (B) Household waste drop-off points that accept
25        mercury thermometers can be located at any site or
26        facility where non-mercury thermometers are sold,

 

 

HB5540 Engrossed- 1053 -LRB099 16003 AMC 40320 b

1        distributed, or dispensed.
2            (C) Household waste drop-off points that accept
3        mercury thermostats can be located at any site or
4        facility where non-mercury thermostats are sold,
5        distributed, or dispensed.
6        (3) The location of acceptance for each type of waste
7    accepted at the household waste drop-off point must be
8    clearly identified. Locations where pharmaceutical
9    products are accepted must also include a copy of the sign
10    required under subsection (j) of this Section.
11        (4) Household waste must be accepted only from private
12    individuals. Waste must not be accepted from other persons,
13    including, but not limited to, owners and operators of
14    rented or leased residences where the household waste was
15    generated, commercial haulers, and other commercial,
16    industrial, agricultural, and government operations or
17    entities.
18        (5) If more than one type of household waste is
19    accepted, each type of household waste must be managed
20    separately prior to its packaging for off-site transfer.
21        (6) Household waste must not be stored for longer than
22    90 days after its receipt, except as otherwise approved by
23    the Agency in writing.
24        (7) Household waste must be managed in a manner that
25    protects against releases of the waste, prevents
26    nuisances, and otherwise protects human health and the

 

 

HB5540 Engrossed- 1054 -LRB099 16003 AMC 40320 b

1    environment. Household waste must also be properly secured
2    to prevent unauthorized public access to the waste,
3    including, but not limited to, preventing access to the
4    waste during the non-business hours of the site or facility
5    on which the household waste drop-off point is located.
6    Containers in which pharmaceutical products are collected
7    must be clearly marked "No Controlled Substances", unless
8    the household waste drop-off point accepts controlled
9    substances in accordance with federal law.
10        (8) Management of the household waste must be limited
11    to the following: (i) acceptance of the waste, (ii)
12    temporary storage of the waste prior to transfer, and (iii)
13    off-site transfer of the waste and packaging for off-site
14    transfer.
15        (9) Off-site transfer of the household waste must
16    comply with federal and State laws and regulations.
17    (d) One-day household waste collection events. To further
18aid in the collection of certain household wastes, the Agency
19may approve the operation of one-day household waste collection
20events. The Agency shall not approve a one-day household waste
21collection event at the same site or facility for more than one
22day each calendar quarter. Requests for approval must be
23submitted on forms prescribed by the Agency. The Agency must
24issue its approval in writing, and it may impose conditions as
25necessary to protect human health and the environment and to
26otherwise accomplish the purposes of this Act. One-day

 

 

HB5540 Engrossed- 1055 -LRB099 16003 AMC 40320 b

1household waste collection events must be operated in
2accordance with the Agency's approval, including all
3conditions contained in the approval. The following
4requirements apply to all one-day household waste collection
5events, in addition to the conditions contained in the Agency's
6approval:
7        (1) Waste accepted at the event must be limited to
8    household waste and must not include garbage, landscape
9    waste, or other waste excluded by the Agency in the
10    Agency's approval or any conditions contained in the
11    approval. A one-day household waste collection event may
12    accept controlled substances in accordance with federal
13    law.
14        (2) Household waste must be accepted only from private
15    individuals. Waste must not be accepted from other persons,
16    including, but not limited to, owners and operators of
17    rented or leased residences where the household waste was
18    generated, commercial haulers, and other commercial,
19    industrial, agricultural, and government operations or
20    entities.
21        (3) Household waste must be managed in a manner that
22    protects against releases of the waste, prevents
23    nuisances, and otherwise protects human health and the
24    environment. Household waste must also be properly secured
25    to prevent public access to the waste, including, but not
26    limited to, preventing access to the waste during the

 

 

HB5540 Engrossed- 1056 -LRB099 16003 AMC 40320 b

1    event's non-business hours.
2        (4) Management of the household waste must be limited
3    to the following: (i) acceptance of the waste, (ii)
4    temporary storage of the waste before transfer, and (iii)
5    off-site transfer of the waste or packaging for off-site
6    transfer.
7        (5) Except as otherwise approved by the Agency, all
8    household waste received at the collection event must be
9    transferred off-site by the end of the day following the
10    collection event.
11        (6) The transfer and ultimate disposition of household
12    waste received at the collection event must comply with the
13    Agency's approval, including all conditions contained in
14    the approval.
15    (d-5) One-day compostable waste collection event. To
16further aid in the collection and composting of compostable
17waste, as defined in subsection (b), a municipality may approve
18the operation of one-day compostable waste collection events at
19any site or facility within its territorial jurisdiction, and a
20county may approve the operation of one-day compostable waste
21collection events at any site or facility in any unincorporated
22area within its territorial jurisdiction. The approval granted
23under this subsection (d-5) must be in writing; must specify
24the date, location, and time of the event; and must list the
25types of compostable waste that will be collected at the event.
26If the one-day compostable waste collection event is to be

 

 

HB5540 Engrossed- 1057 -LRB099 16003 AMC 40320 b

1operated at a location within a county with a population of
2more than 400,000 but less than 2,000,000 inhabitants,
3according to the 2010 decennial census, then the operator of
4the event shall, at least 30 days before the event, provide a
5copy of the approval to the recycling coordinator designated by
6that county. The approval granted under this subsection (d-5)
7may include conditions imposed by the county or municipality as
8necessary to protect public health and prevent odors, vectors,
9and other nuisances. A one-day compostable waste collection
10event approved under this subsection (d-5) must be operated in
11accordance with the approval, including all conditions
12contained in the approval. The following requirements shall
13apply to the one-day compostable waste collection event, in
14addition to the conditions contained in the approval:
15        (1) Waste accepted at the event must be limited to the
16    types of compostable waste authorized to be accepted under
17    the approval.
18        (2) Information promoting the event and signs at the
19    event must clearly indicate the types of compostable waste
20    approved for collection. To discourage the receipt of other
21    waste, information promoting the event and signs at the
22    event must also include:
23            (A) examples of compostable waste being collected;
24        and
25            (B) examples of waste that is not being collected.
26        (3) Compostable waste must be accepted only from

 

 

HB5540 Engrossed- 1058 -LRB099 16003 AMC 40320 b

1    private individuals. It may not be accepted from other
2    persons, including, but not limited to, owners and
3    operators of rented or leased residences where it was
4    generated, commercial haulers, and other commercial,
5    industrial, agricultural, and government operations or
6    entities.
7        (4) Compostable waste must be managed in a manner that
8    protects against releases of the waste, prevents
9    nuisances, and otherwise protects human health and the
10    environment. Compostable waste must be properly secured to
11    prevent it from being accessed by the public at any time,
12    including, but not limited to, during the collection
13    event's non-operating hours. One-day compostable waste
14    collection events must be adequately supervised during
15    their operating hours.
16        (5) Compostable waste must be secured in non-porous,
17    rigid, leak-proof containers that:
18            (A) are covered, except when the compostable waste
19        is being added to or removed from the containers or it
20        is otherwise necessary to access the compostable
21        waste;
22            (B) prevent precipitation from draining through
23        the compostable waste;
24            (C) prevent dispersion of the compostable waste by
25        wind;
26            (D) contain spills or releases that could create

 

 

HB5540 Engrossed- 1059 -LRB099 16003 AMC 40320 b

1        nuisances or otherwise harm human health or the
2        environment;
3            (E) limit access to the compostable waste by
4        vectors;
5            (F) control odors and other nuisances; and
6            (G) provide for storage, removal, and off-site
7        transfer of the compostable waste in a manner that
8        protects its ability to be composted.
9        (6) No more than a total of 40 cubic yards of
10    compostable waste shall be located at the collection site
11    at any one time.
12        (7) Management of the compostable waste must be limited
13    to the following: (A) acceptance, (B) temporary storage
14    before transfer, and (C) off-site transfer.
15        (8) All compostable waste received at the event must be
16    transferred off-site to a permitted compost facility by no
17    later than 48 hours after the event ends or by the end of
18    the first business day after the event ends, whichever is
19    sooner.
20        (9) If waste other than compostable waste is received
21    at the event, then that waste must be disposed of within 48
22    hours after the event ends or by the end of the first
23    business day after the event ends, whichever is sooner.
24    (d-6) Permanent compostable waste collection points. To
25further aid in the collection and composting of compostable
26waste, as defined in subsection (b), a municipality may approve

 

 

HB5540 Engrossed- 1060 -LRB099 16003 AMC 40320 b

1the operation of permanent compostable waste collection points
2at any site or facility within its territorial jurisdiction,
3and a county may approve the operation of permanent compostable
4waste collection points at any site or facility in any
5unincorporated area within its territorial jurisdiction. The
6approval granted pursuant to this subsection (d-6) must be in
7writing; must specify the location, operating days, and
8operating hours of the collection point; must list the types of
9compostable waste that will be collected at the collection
10point; and must specify a term of not more than 365 calendar
11days during which the approval will be effective. In addition,
12if the permanent compostable waste collection point is to be
13operated at a location within a county with a population of
14more than 400,000 but less than 2,000,000 inhabitants,
15according to the 2010 federal decennial census, then the
16operator of the collection point shall, at least 30 days before
17the collection point begins operation, provide a copy of the
18approval to the recycling coordinator designated by that
19county. The approval may include conditions imposed by the
20county or municipality as necessary to protect public health
21and prevent odors, vectors, and other nuisances. A permanent
22compostable waste collection point approved pursuant to this
23subsection (d-6) must be operated in accordance with the
24approval, including all conditions contained in the approval.
25The following requirements apply to the permanent compostable
26waste collection point, in addition to the conditions contained

 

 

HB5540 Engrossed- 1061 -LRB099 16003 AMC 40320 b

1in the approval:
2        (1) Waste accepted at the collection point must be
3    limited to the types of compostable waste authorized to be
4    accepted under the approval.
5        (2) Information promoting the collection point and
6    signs at the collection point must clearly indicate the
7    types of compostable waste approved for collection. To
8    discourage the receipt of other waste, information
9    promoting the collection point and signs at the collection
10    point must also include (A) examples of compostable waste
11    being collected and (B) examples of waste that is not being
12    collected.
13        (3) Compostable waste must be accepted only from
14    private individuals. It may not be accepted from other
15    persons, including, but not limited to, owners and
16    operators of rented or leased residences where it was
17    generated, commercial haulers, and other commercial,
18    industrial, agricultural, and government operations or
19    entities.
20        (4) Compostable waste must be managed in a manner that
21    protects against releases of the waste, prevents
22    nuisances, and otherwise protects human health and the
23    environment. Compostable waste must be properly secured to
24    prevent it from being accessed by the public at any time,
25    including, but not limited to, during the collection
26    point's non-operating hours. Permanent compostable waste

 

 

HB5540 Engrossed- 1062 -LRB099 16003 AMC 40320 b

1    collection points must be adequately supervised during
2    their operating hours.
3        (5) Compostable waste must be secured in non-porous,
4    rigid, leak-proof containers that:
5            (A) are no larger than 10 cubic yards in size;
6            (B) are covered, except when the compostable waste
7        is being added to or removed from the container or it
8        is otherwise necessary to access the compostable
9        waste;
10            (C) prevent precipitation from draining through
11        the compostable waste;
12            (D) prevent dispersion of the compostable waste by
13        wind;
14            (E) contain spills or releases that could create
15        nuisances or otherwise harm human health or the
16        environment;
17            (F) limit access to the compostable waste by
18        vectors;
19            (G) control odors and other nuisances; and
20            (H) provide for storage, removal, and off-site
21        transfer of the compostable waste in a manner that
22        protects its ability to be composted.
23        (6) No more than a total of 10 cubic yards of
24    compostable waste shall be located at the permanent
25    compostable waste collection site at any one time.
26        (7) Management of the compostable waste must be limited

 

 

HB5540 Engrossed- 1063 -LRB099 16003 AMC 40320 b

1    to the following: (A) acceptance, (B) temporary storage
2    before transfer, and (C) off-site transfer.
3        (8) All compostable waste received at the permanent
4    compostable waste collection point must be transferred
5    off-site to a permitted compost facility not less
6    frequently than once every 7 days.
7        (9) If a permanent compostable waste collection point
8    receives waste other than compostable waste, then that
9    waste must be disposed of not less frequently than once
10    every 7 days.
11    (e) The Agency may adopt rules governing the operation of
12household waste drop-off points, other than one-day household
13waste collection events, one-day compostable waste collection
14events, and permanent compostable waste collection points.
15Those rules must be designed to protect against releases of
16waste to the environment, prevent nuisances, and otherwise
17protect human health and the environment. As necessary to
18address different circumstances, the regulations may contain
19different requirements for different types of household waste
20and different types of household waste drop-off points, and the
21regulations may modify the requirements set forth in subsection
22(c) of this Section. The regulations may include, but are not
23limited to, the following: (i) identification of additional
24types of household waste that can be collected at household
25waste drop-off points, (ii) identification of the different
26types of household wastes that can be received at different

 

 

HB5540 Engrossed- 1064 -LRB099 16003 AMC 40320 b

1household waste drop-off points, (iii) the maximum amounts of
2each type of household waste that can be stored at household
3waste drop-off points at any one time, and (iv) the maximum
4time periods each type of household waste can be stored at
5household waste drop-off points.
6    (f) Prohibitions.
7        (1) Except as authorized in a permit issued by the
8    Agency, no person shall cause or allow the operation of a
9    household waste drop-off point, other than a one-day
10    household waste collection event, one-day compostable
11    waste collection event, or permanent compostable waste
12    collection point, in violation of this Section or any
13    regulations adopted under this Section.
14        (2) No person shall cause or allow the operation of a
15    one-day household waste collection event in violation of
16    this Section or the Agency's approval issued under
17    subsection (d) of this Section, including all conditions
18    contained in the approval.
19        (3) No person shall cause or allow the operation of a
20    one-day compostable waste collection event in violation of
21    this Section or the approval issued for the one-day
22    compostable waste collection event under subsection (d-5)
23    of this Section, including all conditions contained in the
24    approval.
25        (4) No person shall cause or allow the operation of a
26    permanent compostable waste collection event in violation

 

 

HB5540 Engrossed- 1065 -LRB099 16003 AMC 40320 b

1    of this Section or the approval issued for the permanent
2    compostable waste collection point under subsection (d-6)
3    of this Section, including all conditions contained in the
4    approval.
5    (g) Permit exemptions.
6        (1) No permit is required under subdivision (d)(1) of
7    Section 21 of this Act for the operation of a household
8    waste drop-off point, other than a one-day household waste
9    collection event, one-day compostable waste collection
10    event, or permanent compostable waste collection point, if
11    the household waste drop-off point is operated in
12    accordance with this Section and all regulations adopted
13    under this Section.
14        (2) No permit is required under subdivision (d)(1) of
15    Section 21 of this Act for the operation of a one-day
16    household waste collection event if the event is operated
17    in accordance with this Section and the Agency's approval
18    issued under subsection (d) of this Section, including all
19    conditions contained in the approval, or for the operation
20    of a household waste collection event by the Agency.
21        (3) No permit is required under paragraph (1) of
22    subsection (d) of Section 21 of this Act for the operation
23    of a one-day compostable waste collection event if the
24    compostable waste collection event is operated in
25    accordance with this Section and the approval issued for
26    the compostable waste collection point under subsection

 

 

HB5540 Engrossed- 1066 -LRB099 16003 AMC 40320 b

1    (d-5) of this Section, including all conditions contained
2    in the approval.
3        (4) No permit is required under paragraph (1) of
4    subsection (d) of Section 21 of this Act for the operation
5    of a permanent compostable waste collection point if the
6    collection point is operated in accordance with this
7    Section and the approval issued for the compostable waste
8    collection event under subsection (d-6) of this Section,
9    including all conditions contained in the approval.
10    (h) This Section does not apply to the following:
11        (1) Persons accepting household waste that they are
12    authorized to accept under a permit issued by the Agency.
13        (2) Sites or facilities operated pursuant to an
14    intergovernmental agreement entered into with the Agency
15    under Section 22.16b(d) of this Act.
16    (i) The Agency, in consultation with the Department of
17Public Health, must develop and implement a public information
18program regarding household waste drop-off points that accept
19pharmaceutical products, as well as mail-back programs
20authorized under federal law.
21    (j) The Agency must develop a sign that provides
22information on the proper disposal of unused pharmaceutical
23products. The sign shall include information on approved
24drop-off sites or list a website where updated information on
25drop-off sites can be accessed. The sign shall also include
26information on mail-back programs and self-disposal. The

 

 

HB5540 Engrossed- 1067 -LRB099 16003 AMC 40320 b

1Agency shall make a copy of the sign available for downloading
2from its website. Every pharmacy shall display the sign in the
3area where medications are dispensed and shall also display any
4signs the Agency develops regarding local take-back programs or
5household waste collection events. These signs shall be no
6larger than 8.5 inches by 11 inches.
7    (k) If an entity chooses to participate as a household
8waste drop-off point, then it must follow the provisions of
9this Section and any rules the Agency may adopt governing
10household waste drop-off points.
11    (l) The Agency shall establish, by rule, a statewide
12medication take-back program by June 1, 2016 to ensure that
13there are pharmaceutical product disposal options regularly
14available for residents across the State. No private entity may
15be compelled to serve as or fund a take-back location or
16program. Medications collected and disposed of under the
17program shall include controlled substances approved for
18collection by federal law. All medications collected and
19disposed of under the program must be managed in accordance
20with all applicable federal and State laws and regulations. The
21Agency shall issue a report to the General Assembly by June 1,
222019 detailing the amount of pharmaceutical products annually
23collected under the program, as well as any legislative
24recommendations.
25(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15; revised
2610-20-15.)
 

 

 

HB5540 Engrossed- 1068 -LRB099 16003 AMC 40320 b

1    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
2    Sec. 39. Issuance of permits; procedures.
3    (a) When the Board has by regulation required a permit for
4the construction, installation, or operation of any type of
5facility, equipment, vehicle, vessel, or aircraft, the
6applicant shall apply to the Agency for such permit and it
7shall be the duty of the Agency to issue such a permit upon
8proof by the applicant that the facility, equipment, vehicle,
9vessel, or aircraft will not cause a violation of this Act or
10of regulations hereunder. The Agency shall adopt such
11procedures as are necessary to carry out its duties under this
12Section. In making its determinations on permit applications
13under this Section the Agency may consider prior adjudications
14of noncompliance with this Act by the applicant that involved a
15release of a contaminant into the environment. In granting
16permits, the Agency may impose reasonable conditions
17specifically related to the applicant's past compliance
18history with this Act as necessary to correct, detect, or
19prevent noncompliance. The Agency may impose such other
20conditions as may be necessary to accomplish the purposes of
21this Act, and as are not inconsistent with the regulations
22promulgated by the Board hereunder. Except as otherwise
23provided in this Act, a bond or other security shall not be
24required as a condition for the issuance of a permit. If the
25Agency denies any permit under this Section, the Agency shall

 

 

HB5540 Engrossed- 1069 -LRB099 16003 AMC 40320 b

1transmit to the applicant within the time limitations of this
2Section specific, detailed statements as to the reasons the
3permit application was denied. Such statements shall include,
4but not be limited to the following:
5        (i) the Sections of this Act which may be violated if
6    the permit were granted;
7        (ii) the provision of the regulations, promulgated
8    under this Act, which may be violated if the permit were
9    granted;
10        (iii) the specific type of information, if any, which
11    the Agency deems the applicant did not provide the Agency;
12    and
13        (iv) a statement of specific reasons why the Act and
14    the regulations might not be met if the permit were
15    granted.
16    If there is no final action by the Agency within 90 days
17after the filing of the application for permit, the applicant
18may deem the permit issued; except that this time period shall
19be extended to 180 days when (1) notice and opportunity for
20public hearing are required by State or federal law or
21regulation, (2) the application which was filed is for any
22permit to develop a landfill subject to issuance pursuant to
23this subsection, or (3) the application that was filed is for a
24MSWLF unit required to issue public notice under subsection (p)
25of Section 39. The 90-day and 180-day time periods for the
26Agency to take final action do not apply to NPDES permit

 

 

HB5540 Engrossed- 1070 -LRB099 16003 AMC 40320 b

1applications under subsection (b) of this Section, to RCRA
2permit applications under subsection (d) of this Section, or to
3UIC permit applications under subsection (e) of this Section.
4    The Agency shall publish notice of all final permit
5determinations for development permits for MSWLF units and for
6significant permit modifications for lateral expansions for
7existing MSWLF units one time in a newspaper of general
8circulation in the county in which the unit is or is proposed
9to be located.
10    After January 1, 1994 and until July 1, 1998, operating
11permits issued under this Section by the Agency for sources of
12air pollution permitted to emit less than 25 tons per year of
13any combination of regulated air pollutants, as defined in
14Section 39.5 of this Act, shall be required to be renewed only
15upon written request by the Agency consistent with applicable
16provisions of this Act and regulations promulgated hereunder.
17Such operating permits shall expire 180 days after the date of
18such a request. The Board shall revise its regulations for the
19existing State air pollution operating permit program
20consistent with this provision by January 1, 1994.
21    After June 30, 1998, operating permits issued under this
22Section by the Agency for sources of air pollution that are not
23subject to Section 39.5 of this Act and are not required to
24have a federally enforceable State operating permit shall be
25required to be renewed only upon written request by the Agency
26consistent with applicable provisions of this Act and its

 

 

HB5540 Engrossed- 1071 -LRB099 16003 AMC 40320 b

1rules. Such operating permits shall expire 180 days after the
2date of such a request. Before July 1, 1998, the Board shall
3revise its rules for the existing State air pollution operating
4permit program consistent with this paragraph and shall adopt
5rules that require a source to demonstrate that it qualifies
6for a permit under this paragraph.
7    (b) The Agency may issue NPDES permits exclusively under
8this subsection for the discharge of contaminants from point
9sources into navigable waters, all as defined in the Federal
10Water Pollution Control Act, as now or hereafter amended,
11within the jurisdiction of the State, or into any well.
12    All NPDES permits shall contain those terms and conditions,
13including but not limited to schedules of compliance, which may
14be required to accomplish the purposes and provisions of this
15Act.
16    The Agency may issue general NPDES permits for discharges
17from categories of point sources which are subject to the same
18permit limitations and conditions. Such general permits may be
19issued without individual applications and shall conform to
20regulations promulgated under Section 402 of the Federal Water
21Pollution Control Act, as now or hereafter amended.
22    The Agency may include, among such conditions, effluent
23limitations and other requirements established under this Act,
24Board regulations, the Federal Water Pollution Control Act, as
25now or hereafter amended, and regulations pursuant thereto, and
26schedules for achieving compliance therewith at the earliest

 

 

HB5540 Engrossed- 1072 -LRB099 16003 AMC 40320 b

1reasonable date.
2    The Agency shall adopt filing requirements and procedures
3which are necessary and appropriate for the issuance of NPDES
4permits, and which are consistent with the Act or regulations
5adopted by the Board, and with the Federal Water Pollution
6Control Act, as now or hereafter amended, and regulations
7pursuant thereto.
8    The Agency, subject to any conditions which may be
9prescribed by Board regulations, may issue NPDES permits to
10allow discharges beyond deadlines established by this Act or by
11regulations of the Board without the requirement of a variance,
12subject to the Federal Water Pollution Control Act, as now or
13hereafter amended, and regulations pursuant thereto.
14    (c) Except for those facilities owned or operated by
15sanitary districts organized under the Metropolitan Water
16Reclamation District Act, no permit for the development or
17construction of a new pollution control facility may be granted
18by the Agency unless the applicant submits proof to the Agency
19that the location of the facility has been approved by the
20County Board of the county if in an unincorporated area, or the
21governing body of the municipality when in an incorporated
22area, in which the facility is to be located in accordance with
23Section 39.2 of this Act. For purposes of this subsection (c),
24and for purposes of Section 39.2 of this Act, the appropriate
25county board or governing body of the municipality shall be the
26county board of the county or the governing body of the

 

 

HB5540 Engrossed- 1073 -LRB099 16003 AMC 40320 b

1municipality in which the facility is to be located as of the
2date when the application for siting approval is filed.
3    In the event that siting approval granted pursuant to
4Section 39.2 has been transferred to a subsequent owner or
5operator, that subsequent owner or operator may apply to the
6Agency for, and the Agency may grant, a development or
7construction permit for the facility for which local siting
8approval was granted. Upon application to the Agency for a
9development or construction permit by that subsequent owner or
10operator, the permit applicant shall cause written notice of
11the permit application to be served upon the appropriate county
12board or governing body of the municipality that granted siting
13approval for that facility and upon any party to the siting
14proceeding pursuant to which siting approval was granted. In
15that event, the Agency shall conduct an evaluation of the
16subsequent owner or operator's prior experience in waste
17management operations in the manner conducted under subsection
18(i) of Section 39 of this Act.
19    Beginning August 20, 1993, if the pollution control
20facility consists of a hazardous or solid waste disposal
21facility for which the proposed site is located in an
22unincorporated area of a county with a population of less than
23100,000 and includes all or a portion of a parcel of land that
24was, on April 1, 1993, adjacent to a municipality having a
25population of less than 5,000, then the local siting review
26required under this subsection (c) in conjunction with any

 

 

HB5540 Engrossed- 1074 -LRB099 16003 AMC 40320 b

1permit applied for after that date shall be performed by the
2governing body of that adjacent municipality rather than the
3county board of the county in which the proposed site is
4located; and for the purposes of that local siting review, any
5references in this Act to the county board shall be deemed to
6mean the governing body of that adjacent municipality;
7provided, however, that the provisions of this paragraph shall
8not apply to any proposed site which was, on April 1, 1993,
9owned in whole or in part by another municipality.
10    In the case of a pollution control facility for which a
11development permit was issued before November 12, 1981, if an
12operating permit has not been issued by the Agency prior to
13August 31, 1989 for any portion of the facility, then the
14Agency may not issue or renew any development permit nor issue
15an original operating permit for any portion of such facility
16unless the applicant has submitted proof to the Agency that the
17location of the facility has been approved by the appropriate
18county board or municipal governing body pursuant to Section
1939.2 of this Act.
20    After January 1, 1994, if a solid waste disposal facility,
21any portion for which an operating permit has been issued by
22the Agency, has not accepted waste disposal for 5 or more
23consecutive calendars years, before that facility may accept
24any new or additional waste for disposal, the owner and
25operator must obtain a new operating permit under this Act for
26that facility unless the owner and operator have applied to the

 

 

HB5540 Engrossed- 1075 -LRB099 16003 AMC 40320 b

1Agency for a permit authorizing the temporary suspension of
2waste acceptance. The Agency may not issue a new operation
3permit under this Act for the facility unless the applicant has
4submitted proof to the Agency that the location of the facility
5has been approved or re-approved by the appropriate county
6board or municipal governing body under Section 39.2 of this
7Act after the facility ceased accepting waste.
8    Except for those facilities owned or operated by sanitary
9districts organized under the Metropolitan Water Reclamation
10District Act, and except for new pollution control facilities
11governed by Section 39.2, and except for fossil fuel mining
12facilities, the granting of a permit under this Act shall not
13relieve the applicant from meeting and securing all necessary
14zoning approvals from the unit of government having zoning
15jurisdiction over the proposed facility.
16    Before beginning construction on any new sewage treatment
17plant or sludge drying site to be owned or operated by a
18sanitary district organized under the Metropolitan Water
19Reclamation District Act for which a new permit (rather than
20the renewal or amendment of an existing permit) is required,
21such sanitary district shall hold a public hearing within the
22municipality within which the proposed facility is to be
23located, or within the nearest community if the proposed
24facility is to be located within an unincorporated area, at
25which information concerning the proposed facility shall be
26made available to the public, and members of the public shall

 

 

HB5540 Engrossed- 1076 -LRB099 16003 AMC 40320 b

1be given the opportunity to express their views concerning the
2proposed facility.
3    The Agency may issue a permit for a municipal waste
4transfer station without requiring approval pursuant to
5Section 39.2 provided that the following demonstration is made:
6        (1) the municipal waste transfer station was in
7    existence on or before January 1, 1979 and was in
8    continuous operation from January 1, 1979 to January 1,
9    1993;
10        (2) the operator submitted a permit application to the
11    Agency to develop and operate the municipal waste transfer
12    station during April of 1994;
13        (3) the operator can demonstrate that the county board
14    of the county, if the municipal waste transfer station is
15    in an unincorporated area, or the governing body of the
16    municipality, if the station is in an incorporated area,
17    does not object to resumption of the operation of the
18    station; and
19        (4) the site has local zoning approval.
20    (d) The Agency may issue RCRA permits exclusively under
21this subsection to persons owning or operating a facility for
22the treatment, storage, or disposal of hazardous waste as
23defined under this Act.
24    All RCRA permits shall contain those terms and conditions,
25including but not limited to schedules of compliance, which may
26be required to accomplish the purposes and provisions of this

 

 

HB5540 Engrossed- 1077 -LRB099 16003 AMC 40320 b

1Act. The Agency may include among such conditions standards and
2other requirements established under this Act, Board
3regulations, the Resource Conservation and Recovery Act of 1976
4(P.L. 94-580), as amended, and regulations pursuant thereto,
5and may include schedules for achieving compliance therewith as
6soon as possible. The Agency shall require that a performance
7bond or other security be provided as a condition for the
8issuance of a RCRA permit.
9    In the case of a permit to operate a hazardous waste or PCB
10incinerator as defined in subsection (k) of Section 44, the
11Agency shall require, as a condition of the permit, that the
12operator of the facility perform such analyses of the waste to
13be incinerated as may be necessary and appropriate to ensure
14the safe operation of the incinerator.
15    The Agency shall adopt filing requirements and procedures
16which are necessary and appropriate for the issuance of RCRA
17permits, and which are consistent with the Act or regulations
18adopted by the Board, and with the Resource Conservation and
19Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
20pursuant thereto.
21    The applicant shall make available to the public for
22inspection all documents submitted by the applicant to the
23Agency in furtherance of an application, with the exception of
24trade secrets, at the office of the county board or governing
25body of the municipality. Such documents may be copied upon
26payment of the actual cost of reproduction during regular

 

 

HB5540 Engrossed- 1078 -LRB099 16003 AMC 40320 b

1business hours of the local office. The Agency shall issue a
2written statement concurrent with its grant or denial of the
3permit explaining the basis for its decision.
4    (e) The Agency may issue UIC permits exclusively under this
5subsection to persons owning or operating a facility for the
6underground injection of contaminants as defined under this
7Act.
8    All UIC permits shall contain those terms and conditions,
9including but not limited to schedules of compliance, which may
10be required to accomplish the purposes and provisions of this
11Act. The Agency may include among such conditions standards and
12other requirements established under this Act, Board
13regulations, the Safe Drinking Water Act (P.L. 93-523), as
14amended, and regulations pursuant thereto, and may include
15schedules for achieving compliance therewith. The Agency shall
16require that a performance bond or other security be provided
17as a condition for the issuance of a UIC permit.
18    The Agency shall adopt filing requirements and procedures
19which are necessary and appropriate for the issuance of UIC
20permits, and which are consistent with the Act or regulations
21adopted by the Board, and with the Safe Drinking Water Act
22(P.L. 93-523), as amended, and regulations pursuant thereto.
23    The applicant shall make available to the public for
24inspection, all documents submitted by the applicant to the
25Agency in furtherance of an application, with the exception of
26trade secrets, at the office of the county board or governing

 

 

HB5540 Engrossed- 1079 -LRB099 16003 AMC 40320 b

1body of the municipality. Such documents may be copied upon
2payment of the actual cost of reproduction during regular
3business hours of the local office. The Agency shall issue a
4written statement concurrent with its grant or denial of the
5permit explaining the basis for its decision.
6    (f) In making any determination pursuant to Section 9.1 of
7this Act:
8        (1) The Agency shall have authority to make the
9    determination of any question required to be determined by
10    the Clean Air Act, as now or hereafter amended, this Act,
11    or the regulations of the Board, including the
12    determination of the Lowest Achievable Emission Rate,
13    Maximum Achievable Control Technology, or Best Available
14    Control Technology, consistent with the Board's
15    regulations, if any.
16        (2) The Agency shall adopt requirements as necessary to
17    implement public participation procedures, including, but
18    not limited to, public notice, comment, and an opportunity
19    for hearing, which must accompany the processing of
20    applications for PSD permits. The Agency shall briefly
21    describe and respond to all significant comments on the
22    draft permit raised during the public comment period or
23    during any hearing. The Agency may group related comments
24    together and provide one unified response for each issue
25    raised.
26        (3) Any complete permit application submitted to the

 

 

HB5540 Engrossed- 1080 -LRB099 16003 AMC 40320 b

1    Agency under this subsection for a PSD permit shall be
2    granted or denied by the Agency not later than one year
3    after the filing of such completed application.
4        (4) The Agency shall, after conferring with the
5    applicant, give written notice to the applicant of its
6    proposed decision on the application including the terms
7    and conditions of the permit to be issued and the facts,
8    conduct or other basis upon which the Agency will rely to
9    support its proposed action.
10    (g) The Agency shall include as conditions upon all permits
11issued for hazardous waste disposal sites such restrictions
12upon the future use of such sites as are reasonably necessary
13to protect public health and the environment, including
14permanent prohibition of the use of such sites for purposes
15which may create an unreasonable risk of injury to human health
16or to the environment. After administrative and judicial
17challenges to such restrictions have been exhausted, the Agency
18shall file such restrictions of record in the Office of the
19Recorder of the county in which the hazardous waste disposal
20site is located.
21    (h) A hazardous waste stream may not be deposited in a
22permitted hazardous waste site unless specific authorization
23is obtained from the Agency by the generator and disposal site
24owner and operator for the deposit of that specific hazardous
25waste stream. The Agency may grant specific authorization for
26disposal of hazardous waste streams only after the generator

 

 

HB5540 Engrossed- 1081 -LRB099 16003 AMC 40320 b

1has reasonably demonstrated that, considering technological
2feasibility and economic reasonableness, the hazardous waste
3cannot be reasonably recycled for reuse, nor incinerated or
4chemically, physically or biologically treated so as to
5neutralize the hazardous waste and render it nonhazardous. In
6granting authorization under this Section, the Agency may
7impose such conditions as may be necessary to accomplish the
8purposes of the Act and are consistent with this Act and
9regulations promulgated by the Board hereunder. If the Agency
10refuses to grant authorization under this Section, the
11applicant may appeal as if the Agency refused to grant a
12permit, pursuant to the provisions of subsection (a) of Section
1340 of this Act. For purposes of this subsection (h), the term
14"generator" has the meaning given in Section 3.205 of this Act,
15unless: (1) the hazardous waste is treated, incinerated, or
16partially recycled for reuse prior to disposal, in which case
17the last person who treats, incinerates, or partially recycles
18the hazardous waste prior to disposal is the generator; or (2)
19the hazardous waste is from a response action, in which case
20the person performing the response action is the generator.
21This subsection (h) does not apply to any hazardous waste that
22is restricted from land disposal under 35 Ill. Adm. Code 728.
23    (i) Before issuing any RCRA permit, any permit for a waste
24storage site, sanitary landfill, waste disposal site, waste
25transfer station, waste treatment facility, waste incinerator,
26or any waste-transportation operation, or any permit or interim

 

 

HB5540 Engrossed- 1082 -LRB099 16003 AMC 40320 b

1authorization for a clean construction or demolition debris
2fill operation, or any permit required under subsection (d-5)
3of Section 55, the Agency shall conduct an evaluation of the
4prospective owner's or operator's prior experience in waste
5management operations, clean construction or demolition debris
6fill operations, and tire storage site management. The Agency
7may deny such a permit, or deny or revoke interim
8authorization, if the prospective owner or operator or any
9employee or officer of the prospective owner or operator has a
10history of:
11        (1) repeated violations of federal, State, or local
12    laws, regulations, standards, or ordinances in the
13    operation of waste management facilities or sites, clean
14    construction or demolition debris fill operation
15    facilities or sites, or tire storage sites; or
16        (2) conviction in this or another State of any crime
17    which is a felony under the laws of this State, or
18    conviction of a felony in a federal court; or conviction in
19    this or another state or federal court of any of the
20    following crimes: forgery, official misconduct, bribery,
21    perjury, or knowingly submitting false information under
22    any environmental law, regulation, or permit term or
23    condition; or
24        (3) proof of gross carelessness or incompetence in
25    handling, storing, processing, transporting or disposing
26    of waste, clean construction or demolition debris, or used

 

 

HB5540 Engrossed- 1083 -LRB099 16003 AMC 40320 b

1    or waste tires, or proof of gross carelessness or
2    incompetence in using clean construction or demolition
3    debris as fill.
4    (i-5) Before issuing any permit or approving any interim
5authorization for a clean construction or demolition debris
6fill operation in which any ownership interest is transferred
7between January 1, 2005, and the effective date of the
8prohibition set forth in Section 22.52 of this Act, the Agency
9shall conduct an evaluation of the operation if any previous
10activities at the site or facility may have caused or allowed
11contamination of the site. It shall be the responsibility of
12the owner or operator seeking the permit or interim
13authorization to provide to the Agency all of the information
14necessary for the Agency to conduct its evaluation. The Agency
15may deny a permit or interim authorization if previous
16activities at the site may have caused or allowed contamination
17at the site, unless such contamination is authorized under any
18permit issued by the Agency.
19    (j) The issuance under this Act of a permit to engage in
20the surface mining of any resources other than fossil fuels
21shall not relieve the permittee from its duty to comply with
22any applicable local law regulating the commencement, location
23or operation of surface mining facilities.
24    (k) A development permit issued under subsection (a) of
25Section 39 for any facility or site which is required to have a
26permit under subsection (d) of Section 21 shall expire at the

 

 

HB5540 Engrossed- 1084 -LRB099 16003 AMC 40320 b

1end of 2 calendar years from the date upon which it was issued,
2unless within that period the applicant has taken action to
3develop the facility or the site. In the event that review of
4the conditions of the development permit is sought pursuant to
5Section 40 or 41, or permittee is prevented from commencing
6development of the facility or site by any other litigation
7beyond the permittee's control, such two-year period shall be
8deemed to begin on the date upon which such review process or
9litigation is concluded.
10    (l) No permit shall be issued by the Agency under this Act
11for construction or operation of any facility or site located
12within the boundaries of any setback zone established pursuant
13to this Act, where such construction or operation is
14prohibited.
15    (m) The Agency may issue permits to persons owning or
16operating a facility for composting landscape waste. In
17granting such permits, the Agency may impose such conditions as
18may be necessary to accomplish the purposes of this Act, and as
19are not inconsistent with applicable regulations promulgated
20by the Board. Except as otherwise provided in this Act, a bond
21or other security shall not be required as a condition for the
22issuance of a permit. If the Agency denies any permit pursuant
23to this subsection, the Agency shall transmit to the applicant
24within the time limitations of this subsection specific,
25detailed statements as to the reasons the permit application
26was denied. Such statements shall include but not be limited to

 

 

HB5540 Engrossed- 1085 -LRB099 16003 AMC 40320 b

1the following:
2        (1) the Sections of this Act that may be violated if
3    the permit were granted;
4        (2) the specific regulations promulgated pursuant to
5    this Act that may be violated if the permit were granted;
6        (3) the specific information, if any, the Agency deems
7    the applicant did not provide in its application to the
8    Agency; and
9        (4) a statement of specific reasons why the Act and the
10    regulations might be violated if the permit were granted.
11    If no final action is taken by the Agency within 90 days
12after the filing of the application for permit, the applicant
13may deem the permit issued. Any applicant for a permit may
14waive the 90-day 90 day limitation by filing a written
15statement with the Agency.
16    The Agency shall issue permits for such facilities upon
17receipt of an application that includes a legal description of
18the site, a topographic map of the site drawn to the scale of
19200 feet to the inch or larger, a description of the operation,
20including the area served, an estimate of the volume of
21materials to be processed, and documentation that:
22        (1) the facility includes a setback of at least 200
23    feet from the nearest potable water supply well;
24        (2) the facility is located outside the boundary of the
25    10-year floodplain or the site will be floodproofed;
26        (3) the facility is located so as to minimize

 

 

HB5540 Engrossed- 1086 -LRB099 16003 AMC 40320 b

1    incompatibility with the character of the surrounding
2    area, including at least a 200 foot setback from any
3    residence, and in the case of a facility that is developed
4    or the permitted composting area of which is expanded after
5    November 17, 1991, the composting area is located at least
6    1/8 mile from the nearest residence (other than a residence
7    located on the same property as the facility);
8        (4) the design of the facility will prevent any compost
9    material from being placed within 5 feet of the water
10    table, will adequately control runoff from the site, and
11    will collect and manage any leachate that is generated on
12    the site;
13        (5) the operation of the facility will include
14    appropriate dust and odor control measures, limitations on
15    operating hours, appropriate noise control measures for
16    shredding, chipping and similar equipment, management
17    procedures for composting, containment and disposal of
18    non-compostable wastes, procedures to be used for
19    terminating operations at the site, and recordkeeping
20    sufficient to document the amount of materials received,
21    composted and otherwise disposed of; and
22        (6) the operation will be conducted in accordance with
23    any applicable rules adopted by the Board.
24    The Agency shall issue renewable permits of not longer than
2510 years in duration for the composting of landscape wastes, as
26defined in Section 3.155 of this Act, based on the above

 

 

HB5540 Engrossed- 1087 -LRB099 16003 AMC 40320 b

1requirements.
2    The operator of any facility permitted under this
3subsection (m) must submit a written annual statement to the
4Agency on or before April 1 of each year that includes an
5estimate of the amount of material, in tons, received for
6composting.
7    (n) The Agency shall issue permits jointly with the
8Department of Transportation for the dredging or deposit of
9material in Lake Michigan in accordance with Section 18 of the
10Rivers, Lakes, and Streams Act.
11    (o) (Blank.)
12    (p) (1) Any person submitting an application for a permit
13for a new MSWLF unit or for a lateral expansion under
14subsection (t) of Section 21 of this Act for an existing MSWLF
15unit that has not received and is not subject to local siting
16approval under Section 39.2 of this Act shall publish notice of
17the application in a newspaper of general circulation in the
18county in which the MSWLF unit is or is proposed to be located.
19The notice must be published at least 15 days before submission
20of the permit application to the Agency. The notice shall state
21the name and address of the applicant, the location of the
22MSWLF unit or proposed MSWLF unit, the nature and size of the
23MSWLF unit or proposed MSWLF unit, the nature of the activity
24proposed, the probable life of the proposed activity, the date
25the permit application will be submitted, and a statement that
26persons may file written comments with the Agency concerning

 

 

HB5540 Engrossed- 1088 -LRB099 16003 AMC 40320 b

1the permit application within 30 days after the filing of the
2permit application unless the time period to submit comments is
3extended by the Agency.
4    When a permit applicant submits information to the Agency
5to supplement a permit application being reviewed by the
6Agency, the applicant shall not be required to reissue the
7notice under this subsection.
8    (2) The Agency shall accept written comments concerning the
9permit application that are postmarked no later than 30 days
10after the filing of the permit application, unless the time
11period to accept comments is extended by the Agency.
12    (3) Each applicant for a permit described in part (1) of
13this subsection shall file a copy of the permit application
14with the county board or governing body of the municipality in
15which the MSWLF unit is or is proposed to be located at the
16same time the application is submitted to the Agency. The
17permit application filed with the county board or governing
18body of the municipality shall include all documents submitted
19to or to be submitted to the Agency, except trade secrets as
20determined under Section 7.1 of this Act. The permit
21application and other documents on file with the county board
22or governing body of the municipality shall be made available
23for public inspection during regular business hours at the
24office of the county board or the governing body of the
25municipality and may be copied upon payment of the actual cost
26of reproduction.

 

 

HB5540 Engrossed- 1089 -LRB099 16003 AMC 40320 b

1    (q) Within 6 months after July 12, 2011 (the effective date
2of Public Act 97-95) this amendatory Act of the 97th General
3Assembly, the Agency, in consultation with the regulated
4community, shall develop a web portal to be posted on its
5website for the purpose of enhancing review and promoting
6timely issuance of permits required by this Act. At a minimum,
7the Agency shall make the following information available on
8the web portal:
9        (1) Checklists and guidance relating to the completion
10    of permit applications, developed pursuant to subsection
11    (s) of this Section, which may include, but are not limited
12    to, existing instructions for completing the applications
13    and examples of complete applications. As the Agency
14    develops new checklists and develops guidance, it shall
15    supplement the web portal with those materials.
16        (2) Within 2 years after July 12, 2011 (the effective
17    date of Public Act 97-95) this amendatory Act of the 97th
18    General Assembly, permit application forms or portions of
19    permit applications that can be completed and saved
20    electronically, and submitted to the Agency electronically
21    with digital signatures.
22        (3) Within 2 years after July 12, 2011 (the effective
23    date of Public Act 97-95) this amendatory Act of the 97th
24    General Assembly, an online tracking system where an
25    applicant may review the status of its pending application,
26    including the name and contact information of the permit

 

 

HB5540 Engrossed- 1090 -LRB099 16003 AMC 40320 b

1    analyst assigned to the application. Until the online
2    tracking system has been developed, the Agency shall post
3    on its website semi-annual permitting efficiency tracking
4    reports that include statistics on the timeframes for
5    Agency action on the following types of permits received
6    after July 12, 2011 (the effective date of Public Act
7    97-95) this amendatory Act of the 97th General Assembly:
8    air construction permits, new NPDES permits and associated
9    water construction permits, and modifications of major
10    NPDES permits and associated water construction permits.
11    The reports must be posted by February 1 and August 1 each
12    year and shall include:
13            (A) the number of applications received for each
14        type of permit, the number of applications on which the
15        Agency has taken action, and the number of applications
16        still pending; and
17            (B) for those applications where the Agency has not
18        taken action in accordance with the timeframes set
19        forth in this Act, the date the application was
20        received and the reasons for any delays, which may
21        include, but shall not be limited to, (i) the
22        application being inadequate or incomplete, (ii)
23        scientific or technical disagreements with the
24        applicant, USEPA, or other local, state, or federal
25        agencies involved in the permitting approval process,
26        (iii) public opposition to the permit, or (iv) Agency

 

 

HB5540 Engrossed- 1091 -LRB099 16003 AMC 40320 b

1        staffing shortages. To the extent practicable, the
2        tracking report shall provide approximate dates when
3        cause for delay was identified by the Agency, when the
4        Agency informed the applicant of the problem leading to
5        the delay, and when the applicant remedied the reason
6        for the delay.
7    (r) Upon the request of the applicant, the Agency shall
8notify the applicant of the permit analyst assigned to the
9application upon its receipt.
10    (s) The Agency is authorized to prepare and distribute
11guidance documents relating to its administration of this
12Section and procedural rules implementing this Section.
13Guidance documents prepared under this subsection shall not be
14considered rules and shall not be subject to the Illinois
15Administrative Procedure Act. Such guidance shall not be
16binding on any party.
17    (t) Except as otherwise prohibited by federal law or
18regulation, any person submitting an application for a permit
19may include with the application suggested permit language for
20Agency consideration. The Agency is not obligated to use the
21suggested language or any portion thereof in its permitting
22decision. If requested by the permit applicant, the Agency
23shall meet with the applicant to discuss the suggested
24language.
25    (u) If requested by the permit applicant, the Agency shall
26provide the permit applicant with a copy of the draft permit

 

 

HB5540 Engrossed- 1092 -LRB099 16003 AMC 40320 b

1prior to any public review period.
2    (v) If requested by the permit applicant, the Agency shall
3provide the permit applicant with a copy of the final permit
4prior to its issuance.
5    (w) An air pollution permit shall not be required due to
6emissions of greenhouse gases, as specified by Section 9.15 of
7this Act.
8    (x) If, before the expiration of a State operating permit
9that is issued pursuant to subsection (a) of this Section and
10contains federally enforceable conditions limiting the
11potential to emit of the source to a level below the major
12source threshold for that source so as to exclude the source
13from the Clean Air Act Permit Program, the Agency receives a
14complete application for the renewal of that permit, then all
15of the terms and conditions of the permit shall remain in
16effect until final administrative action has been taken on the
17application for the renewal of the permit.
18(Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15;
1999-463, eff. 1-1-16; revised 10-20-15.)
 
20    Section 460. The Lawn Care Products Application and Notice
21Act is amended by changing Section 7 as follows:
 
22    (415 ILCS 65/7)  (from Ch. 5, par. 857)
23    Sec. 7. When an administrative hearing is held by the
24Department, the hearing officer, upon determination of any

 

 

HB5540 Engrossed- 1093 -LRB099 16003 AMC 40320 b

1violation of this Act or rule or regulation, shall either refer
2the violation to the State's States Attorney's office in the
3county where the alleged violation occurred for prosecution or
4levy the following administrative monetary penalties:
5        (a) a penalty of $250 for a first violation;
6        (b) a penalty of $500 for a second violation; and
7        (c) a penalty of $1,000 for a third or subsequent
8    violation.
9    The penalty levied shall be collected by the Department,
10and all penalties collected by the Department under this Act
11shall be deposited into the Pesticide Control Fund. Any penalty
12not paid within 60 days of notice from the Department shall be
13submitted to the Attorney General's office for collection.
14    Upon prosecution by a State's Attorney, a violation of this
15Act or rules shall be a petty offense subject to a fine of $250
16for a first offense, a fine of $500 for a second offense, and a
17fine of $1,000 for a third or subsequent offense.
18(Source: P.A. 96-1005, eff. 7-6-10; revised 10-20-15.)
 
19    Section 465. The Mercury Switch Removal Act is amended by
20changing Section 10 as follows:
 
21    (415 ILCS 97/10)
22    (Section scheduled to be repealed on January 1, 2017)
23    Sec. 10. Removal requirements.
24    (a) Mercury switches removed from end-of-life vehicles

 

 

HB5540 Engrossed- 1094 -LRB099 16003 AMC 40320 b

1must be managed in accordance with the Environmental Protection
2Act and regulations adopted thereunder.
3    (b) No person shall represent that all mercury switches
4have been removed from a vehicle if all mercury switches have
5not been removed from the vehicle, except where a mercury
6switch cannot be removed from the vehicle because the switch is
7inaccessible due to significant damage to the vehicle in the
8area surrounding the switch.
9    (c) Consistent with the protection of confidential
10business information, vehicle recyclers, vehicle crushers, and
11scrap metal recyclers that remove mercury switches from
12end-of-life vehicles must maintain records documenting the
13following for each calendar quarter:
14        (1) the number of mercury switches the vehicle
15    recycler, vehicle crusher, or scrap metal recycler removed
16    from end-of-life vehicles;
17        (2) the number of end-of-life vehicles received by the
18    vehicle recycler, vehicle crusher, or scrap metal recycler
19    that contain one or more mercury switches;
20        (3) the number of end-of-life vehicles the vehicle
21    recycler, vehicle crusher, or scrap metal recycler
22    flattened, crushed, shredded, or otherwise processed for
23    recycling; and
24        (4) the make and model of each car from which one or
25    more mercury switches was removed by the vehicle recycler,
26    vehicle crusher, or scrap metal recycler.

 

 

HB5540 Engrossed- 1095 -LRB099 16003 AMC 40320 b

1    The records required under this subsection (c) must be
2retained at the vehicle recycler's or scrap metal recycler's
3place of business for a minimum of 3 years and made available
4for inspection and copying by the Agency during normal business
5hours.
6    (d) For the period of July 1, 2006 through though June 30,
72007 and for each period of July 1 through though June 30
8thereafter, no later than 45 days after the close of the period
9vehicle recyclers, vehicle crushers, and scrap metal recyclers
10that remove mercury switches from end-of-life vehicles must
11submit to the Agency an annual report containing the following
12information for the period: (i) the number of mercury switches
13the vehicle recycler, vehicle crusher, or scrap metal recycler
14removed from end-of-life vehicles; (ii) the number of
15end-of-life vehicles received by the vehicle recycler, vehicle
16crusher, or scrap metal recycler that contain one or more
17mercury switches; , and (iii) the number of end-of-life vehicles
18the vehicle recycler, vehicle crusher, or scrap metal recycler
19flattened, crushed, shredded, or otherwise processed for
20recycling. Data required to be reported to the United States
21Environmental Protection Agency under federal law or
22regulation may be used in meeting requirements of this
23subsection (d), if the data contains the information required
24under items (i), (ii), and (iii) of this subsection.
25(Source: P.A. 94-732, eff. 4-24-06; revised 10-21-15.)
 

 

 

HB5540 Engrossed- 1096 -LRB099 16003 AMC 40320 b

1    Section 470. The Litter Control Act is amended by changing
2Section 11 as follows:
 
3    (415 ILCS 105/11)  (from Ch. 38, par. 86-11)
4    Sec. 11. This Act shall be enforced by all law enforcement
5officers in their respective jurisdictions, whether employed
6by the State or by any unit of local government. Prosecutions
7for violation of this Act shall be conducted by the State's
8Attorneys State attorneys of the several counties and by the
9Attorney General of this State.
10(Source: P.A. 78-837; revised 10-21-15.)
 
11    Section 480. The Pyrotechnic Use Act is amended by changing
12Section 1 as follows:
 
13    (425 ILCS 35/1)  (from Ch. 127 1/2, par. 127)
14    Sec. 1. Definitions. As used in this Act, the following
15words shall have the following meanings:
16    "1.3G fireworks" means those fireworks used for
17professional outdoor displays and classified as fireworks
18UN0333, UN0334, or UN0335 by the United States Department of
19Transportation under 49 C.F.R. 172.101.
20    "Consumer distributor" means any person who distributes,
21offers for sale, sells, or exchanges for consideration consumer
22fireworks in Illinois to another distributor or directly to any
23retailer or person for resale.

 

 

HB5540 Engrossed- 1097 -LRB099 16003 AMC 40320 b

1    "Consumer fireworks" means those fireworks that must
2comply with the construction, chemical composition, and
3labeling regulations of the U.S. Consumer Products Safety
4Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
5classified as fireworks UN0336 or UN0337 by the United States
6Department of Transportation under 49 C.F.R. 172.101.
7"Consumer fireworks" shall not include snake or glow worm
8pellets; smoke devices; trick noisemakers known as "party
9poppers", "booby traps", "snappers", "trick matches",
10"cigarette loads", and "auto burglar alarms"; sparklers; toy
11pistols, toy canes, toy guns, or other devices in which paper
12or plastic caps containing twenty-five hundredths grains or
13less of explosive compound are used, provided they are so
14constructed that the hand cannot come in contact with the cap
15when in place for the explosion; and toy pistol paper or
16plastic caps that contain less than twenty hundredths grains of
17explosive mixture; the sale and use of which shall be permitted
18at all times.
19    "Consumer fireworks display" or "consumer display" means
20the detonation, ignition, or deflagration of consumer
21fireworks to produce a visual or audible effect.
22    "Consumer operator" means an adult individual who is
23responsible for the safety, setup, and discharge of the
24consumer fireworks display and who has completed the training
25required in Section 2.2 of this Act.
26    "Consumer retailer" means any person who offers for sale,

 

 

HB5540 Engrossed- 1098 -LRB099 16003 AMC 40320 b

1sells, or exchanges for consideration consumer fireworks in
2Illinois directly to any person with a consumer display permit.
3    "Display fireworks" means 1.3G or special effects
4fireworks or as further defined in the Pyrotechnic Distributor
5and Operator Licensing Act.
6    "Flame effect" means the detonation, ignition, or
7deflagration of flammable gases, liquids, or special materials
8to produce a thermal, physical, visual, or audible effect
9before the public, invitees, or licensees, regardless of
10whether admission is charged, in accordance with National Fire
11Protection Association 160 guidelines, and as may be further
12defined in the Pyrotechnic Distributor and Operator Licensing
13Act.
14    "Lead pyrotechnic operator" means an individual who is
15responsible for the safety, setup, and discharge of the
16pyrotechnic display or pyrotechnic service and who is licensed
17pursuant to the Pyrotechnic Distributor and Operator Licensing
18Act.
19    "Person" means an individual, firm, corporation,
20association, partnership, company, consortium, joint venture,
21commercial entity, state, municipality, or political
22subdivision of a state or any agency, department, or
23instrumentality of the United States and any officer, agent, or
24employee of these entities.
25    "Production company" means any person in the film, digital
26and video media, television, commercial, music, or theatrical

 

 

HB5540 Engrossed- 1099 -LRB099 16003 AMC 40320 b

1stage industry who provides pyrotechnic services or
2pyrotechnic display services as part of a film, digital and
3video media, television, commercial, music, or theatrical
4production in the State of Illinois and is licensed by the
5Office pursuant to the Pyrotechnic Distributor and Operator
6Licensing Act.
7    "Pyrotechnic display" means the detonation, ignition, or
8deflagration of display fireworks or flame effects to produce
9visual or audible effects of an a exhibitional nature before
10the public, invitees, or licensees, regardless of whether
11admission is charged, and as may be further defined in the
12Pyrotechnic Distributor and Operator Licensing Act.
13    "Pyrotechnic distributor" means any person who distributes
14display fireworks for sale in the State of Illinois or provides
15them as part of a pyrotechnic display service in the State of
16Illinois or provides only pyrotechnic services and is licensed
17by the Office pursuant to the Pyrotechnic Distributor and
18Operator Licensing Act.
19    "Pyrotechnic service" means the detonation, ignition, or
20deflagration of display fireworks, special effects, or flame
21effects to produce a visual or audible effect.
22    "Special effects fireworks" means pyrotechnic devices used
23for special effects by professionals in the performing arts in
24conjunction with theatrical, musical, or other productions
25that are similar to consumer fireworks in chemical compositions
26and construction, but are not intended for consumer use and are

 

 

HB5540 Engrossed- 1100 -LRB099 16003 AMC 40320 b

1not labeled as such or identified as "intended for indoor use".
2"Special effects fireworks" are classified as fireworks UN0431
3or UN0432 by the United States Department of Transportation
4under 49 C.F.R. 172.101.
5(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12;
6revised 10-20-15.)
 
7    Section 485. The Hazardous Materials Emergency Act is
8amended by changing Section 4 as follows:
 
9    (430 ILCS 50/4)  (from Ch. 127, par. 1254)
10    Sec. 4. There is hereby created a Hazardous Materials
11Advisory Board, composed of 21 members as follows: the Director
12of the Illinois Emergency Management Agency, or his designee;
13the Director of Agriculture or his designee; the Chairman of
14the Illinois Commerce Commission or his designee; the Director
15of Public Health or his designee; the Director of the
16Environmental Protection Agency or his designee; the Secretary
17of Transportation or his designee; the State Fire Marshal or
18his designee; the Director of State Police or his designee; the
19Director of Natural Resources or his designee; the Illinois
20Attorney General or his designee; the Director of Nuclear
21Safety or his designee; the Executive Director of the Illinois
22Law Enforcement Training Standards Board or his designee; the
23Director of the Illinois Fire Service Institute, University of
24Illinois, or his designee; and a representative from the

 

 

HB5540 Engrossed- 1101 -LRB099 16003 AMC 40320 b

1Illinois Association of Chiefs of Police; the Illinois Fire
2Chiefs Chief's Association; the Illinois Sheriffs' Sheriff's
3Association; the Illinois Emergency Services Management
4Association; and 4 members appointed by the Governor, one of
5whom shall represent volunteer firefighters, one of whom shall
6represent the local emergency response service and two shall
7represent the business community. The Chairman shall be
8selected by the membership from those members not representing
9a State agency.
10    The Board shall meet within 90 days of January 1, 1985 (the
11effective date of Public Act 83-1368) this amendatory Act of
121984 to select a chairman, other officers and establish an
13organization structure as the members deem necessary and
14thereafter at the call of the chair or any 11 members. A person
15who has been designated by the Director of his department to
16represent the Director on the Board shall be entitled to vote
17on all questions before the Board. Eleven members of the Board
18constitute a quorum, except that where members have not been
19appointed or designated to the Board, a quorum shall be
20constituted by a simple majority of the appointed or designated
21membership.
22    The Board shall advise and make recommendations to the
23Agency regarding the reporting of an accident involving
24hazardous materials and to the Department regarding the
25placarding of transportation of hazardous materials. The Board
26shall design a program and develop a Statewide plan providing

 

 

HB5540 Engrossed- 1102 -LRB099 16003 AMC 40320 b

1for a coordinating system among State agencies and departments
2and units of local government, for response to accidents
3involving hazardous materials. Every attempt shall be made to
4avoid requiring any person to report an accident involving
5hazardous materials to more than one State agency. If at all
6possible, the primary agency receiving the reports shall be the
7Illinois Emergency Management Agency, and that agency shall
8relay reports to other State and local agencies.
9    The Board shall form from among its members, an Emergency
10Response Training and Standards Committee. The Secretary of
11Transportation or his designee, the State Fire Marshal or his
12designee, and the representatives from the Chiefs of Police,
13Fire Chiefs and Sheriffs' Sheriff's Association shall also
14serve on the Committee. It shall be the duty of this Committee,
15with final approval of the Board, to recommend standardized
16training courses for firefighters, police officers, and other
17hazardous material emergency response personnel of the State
18and local governments; to recommend standards for hazardous
19material emergency response equipment; and recommend standards
20for achievement levels for the various hazardous material
21emergency response personnel. The standardized courses shall
22include training for firefighters, police officers, and other
23hazardous material emergency response personnel described in
24the federal regulations relating to the placarding system that
25has been promulgated under the Hazardous Materials
26Transportation Act (P.L. 93-633).

 

 

HB5540 Engrossed- 1103 -LRB099 16003 AMC 40320 b

1    The Board shall review and recommend the material to be
2provided under Sections 5.04, 5.05, and 5.06 of this Act and
3assure the development of a plan for those activities in
4Section 5.07 of this Act.
5    The Board shall have the duty to study and recommend to the
6various State agencies, local governments and the General
7Assembly any aspect of placarding in transportation, hazard
8signage systems, the training of hazardous material emergency
9response personnel, the equipment used in hazardous material
10emergency response, the planning for hazardous material
11emergency response, and the dissemination of information
12concerning these areas.
13    The Department of Transportation and the Illinois
14Emergency Management Agency shall furnish meeting facilities,
15staff, and other administrative needs of the Board. The Agency
16or the Department shall inform the Board whenever the Agency or
17the Department is considering the adoption of any regulations
18under this Act. The Agency or the Department shall send a copy
19of all proposed regulations to each member of the Board; the
20Board shall be represented at all public hearings regarding
21proposals for and changes in Agency or the Department
22regulations. The Board may, at its discretion, present the
23Agency or the Department with its written evaluation of the
24proposed regulations or changes.
25    Before the Department exempts any hazardous material from
26the placarding regulations, under Section 3 of this Act, the

 

 

HB5540 Engrossed- 1104 -LRB099 16003 AMC 40320 b

1Board must approve the regulations providing for the exemption.
2(Source: P.A. 89-445, eff. 2-7-96; 90-449, eff. 8-16-97;
3revised 10-20-15.)
 
4    Section 490. The Firearm Owners Identification Card Act is
5amended by changing Section 1.1 as follows:
 
6    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
7    Sec. 1.1. For purposes of this Act:
8    "Addicted to narcotics" means a person who has been:
9        (1) convicted of an offense involving the use or
10    possession of cannabis, a controlled substance, or
11    methamphetamine within the past year; or
12        (2) determined by the Department of State Police to be
13    addicted to narcotics based upon federal law or federal
14    guidelines.
15    "Addicted to narcotics" does not include possession or use
16of a prescribed controlled substance under the direction and
17authority of a physician or other person authorized to
18prescribe the controlled substance when the controlled
19substance is used in the prescribed manner.
20    "Adjudicated as a person with a mental disability" means
21the person is the subject of a determination by a court, board,
22commission or other lawful authority that the person, as a
23result of marked subnormal intelligence, or mental illness,
24mental impairment, incompetency, condition, or disease:

 

 

HB5540 Engrossed- 1105 -LRB099 16003 AMC 40320 b

1        (1) presents a clear and present danger to himself,
2    herself, or to others;
3        (2) lacks the mental capacity to manage his or her own
4    affairs or is adjudicated a person with a disability as
5    defined in Section 11a-2 of the Probate Act of 1975;
6        (3) is not guilty in a criminal case by reason of
7    insanity, mental disease or defect;
8        (3.5) is guilty but mentally ill, as provided in
9    Section 5-2-6 of the Unified Code of Corrections;
10        (4) is incompetent to stand trial in a criminal case;
11        (5) is not guilty by reason of lack of mental
12    responsibility under Articles 50a and 72b of the Uniform
13    Code of Military Justice, 10 U.S.C. 850a, 876b;
14        (6) is a sexually violent person under subsection (f)
15    of Section 5 of the Sexually Violent Persons Commitment
16    Act;
17        (7) is a sexually dangerous person under the Sexually
18    Dangerous Persons Act;
19        (8) is unfit to stand trial under the Juvenile Court
20    Act of 1987;
21        (9) is not guilty by reason of insanity under the
22    Juvenile Court Act of 1987;
23        (10) is subject to involuntary admission as an
24    inpatient as defined in Section 1-119 of the Mental Health
25    and Developmental Disabilities Code;
26        (11) is subject to involuntary admission as an

 

 

HB5540 Engrossed- 1106 -LRB099 16003 AMC 40320 b

1    outpatient as defined in Section 1-119.1 of the Mental
2    Health and Developmental Disabilities Code;
3        (12) is subject to judicial admission as set forth in
4    Section 4-500 of the Mental Health and Developmental
5    Disabilities Code; or
6        (13) is subject to the provisions of the Interstate
7    Agreements on Sexually Dangerous Persons Act.
8    "Clear and present danger" means a person who:
9        (1) communicates a serious threat of physical violence
10    against a reasonably identifiable victim or poses a clear
11    and imminent risk of serious physical injury to himself,
12    herself, or another person as determined by a physician,
13    clinical psychologist, or qualified examiner; or
14        (2) demonstrates threatening physical or verbal
15    behavior, such as violent, suicidal, or assaultive
16    threats, actions, or other behavior, as determined by a
17    physician, clinical psychologist, qualified examiner,
18    school administrator, or law enforcement official.
19    "Clinical psychologist" has the meaning provided in
20Section 1-103 of the Mental Health and Developmental
21Disabilities Code.
22    "Controlled substance" means a controlled substance or
23controlled substance analog as defined in the Illinois
24Controlled Substances Act.
25    "Counterfeit" means to copy or imitate, without legal
26authority, with intent to deceive.

 

 

HB5540 Engrossed- 1107 -LRB099 16003 AMC 40320 b

1    disability
2    This disability results in the professional opinion of a
3physician, clinical psychologist, or qualified examiner, in
4significant functional limitations in 3 or more of the
5following areas of major life activity:
6        (i) self-care;
7        (ii) receptive and expressive language;
8        (iii) learning;
9        (iv) mobility; or
10        (v) self-direction.
11    "Federally licensed firearm dealer" means a person who is
12licensed as a federal firearms dealer under Section 923 of the
13federal Gun Control Act of 1968 (18 U.S.C. 923).
14    "Firearm" means any device, by whatever name known, which
15is designed to expel a projectile or projectiles by the action
16of an explosion, expansion of gas or escape of gas; excluding,
17however:
18        (1) any pneumatic gun, spring gun, paint ball gun, or
19    B-B gun which expels a single globular projectile not
20    exceeding .18 inch in diameter or which has a maximum
21    muzzle velocity of less than 700 feet per second;
22        (1.1) any pneumatic gun, spring gun, paint ball gun, or
23    B-B gun which expels breakable paint balls containing
24    washable marking colors;
25        (2) any device used exclusively for signalling or
26    safety and required or recommended by the United States

 

 

HB5540 Engrossed- 1108 -LRB099 16003 AMC 40320 b

1    Coast Guard or the Interstate Commerce Commission;
2        (3) any device used exclusively for the firing of stud
3    cartridges, explosive rivets or similar industrial
4    ammunition; and
5        (4) an antique firearm (other than a machine-gun)
6    which, although designed as a weapon, the Department of
7    State Police finds by reason of the date of its
8    manufacture, value, design, and other characteristics is
9    primarily a collector's item and is not likely to be used
10    as a weapon.
11    "Firearm ammunition" means any self-contained cartridge or
12shotgun shell, by whatever name known, which is designed to be
13used or adaptable to use in a firearm; excluding, however:
14        (1) any ammunition exclusively designed for use with a
15    device used exclusively for signalling or safety and
16    required or recommended by the United States Coast Guard or
17    the Interstate Commerce Commission; and
18        (2) any ammunition designed exclusively for use with a
19    stud or rivet driver or other similar industrial
20    ammunition.
21    "Gun show" means an event or function:
22        (1) at which the sale and transfer of firearms is the
23    regular and normal course of business and where 50 or more
24    firearms are displayed, offered, or exhibited for sale,
25    transfer, or exchange; or
26        (2) at which not less than 10 gun show vendors display,

 

 

HB5540 Engrossed- 1109 -LRB099 16003 AMC 40320 b

1    offer, or exhibit for sale, sell, transfer, or exchange
2    firearms.
3    "Gun show" includes the entire premises provided for an
4event or function, including parking areas for the event or
5function, that is sponsored to facilitate the purchase, sale,
6transfer, or exchange of firearms as described in this Section.
7Nothing in this definition shall be construed to exclude a gun
8show held in conjunction with competitive shooting events at
9the World Shooting Complex sanctioned by a national governing
10body in which the sale or transfer of firearms is authorized
11under subparagraph (5) of paragraph (g) of subsection (A) of
12Section 24-3 of the Criminal Code of 2012.
13    Unless otherwise expressly stated, "gun show" does not
14include training or safety classes, competitive shooting
15events, such as rifle, shotgun, or handgun matches, trap,
16skeet, or sporting clays shoots, dinners, banquets, raffles, or
17any other event where the sale or transfer of firearms is not
18the primary course of business.
19    "Gun show promoter" means a person who organizes or
20operates a gun show.
21    "Gun show vendor" means a person who exhibits, sells,
22offers for sale, transfers, or exchanges any firearms at a gun
23show, regardless of whether the person arranges with a gun show
24promoter for a fixed location from which to exhibit, sell,
25offer for sale, transfer, or exchange any firearm.
26    "Involuntarily admitted" has the meaning as prescribed in

 

 

HB5540 Engrossed- 1110 -LRB099 16003 AMC 40320 b

1Sections 1-119 and 1-119.1 of the Mental Health and
2Developmental Disabilities Code.
3    "Mental health facility" means any licensed private
4hospital or hospital affiliate, institution, or facility, or
5part thereof, and any facility, or part thereof, operated by
6the State or a political subdivision thereof which provide
7treatment of persons with mental illness and includes all
8hospitals, institutions, clinics, evaluation facilities,
9mental health centers, colleges, universities, long-term care
10facilities, and nursing homes, or parts thereof, which provide
11treatment of persons with mental illness whether or not the
12primary purpose is to provide treatment of persons with mental
13illness.
14    "National governing body" means a group of persons who
15adopt rules and formulate policy on behalf of a national
16firearm sporting organization.
17    "Patient" means:
18        (1) a person who voluntarily receives mental health
19    treatment as an in-patient or resident of any public or
20    private mental health facility, unless the treatment was
21    solely for an alcohol abuse disorder and no other secondary
22    substance abuse disorder or mental illness; or
23        (2) a person who voluntarily receives mental health
24    treatment as an out-patient or is provided services by a
25    public or private mental health facility, and who poses a
26    clear and present danger to himself, herself, or to others.

 

 

HB5540 Engrossed- 1111 -LRB099 16003 AMC 40320 b

1    "Person with a developmental disability" means a person
2with a disability which is attributable to any other condition
3which results in impairment similar to that caused by an
4intellectual disability and which requires services similar to
5those required by persons with intellectual disabilities. The
6disability must originate before the age of 18 years, be
7expected to continue indefinitely, and constitute a
8substantial disability. This disability results, in the
9professional opinion of a physician, clinical psychologist, or
10qualified examiner, in significant functional limitations in 3
11or more of the following areas of major life activity:
12        (i) self-care;
13        (ii) receptive and expressive language;
14        (iii) learning;
15        (iv) mobility; or
16        (v) self-direction.
17    "Person with an intellectual disability" means a person
18with a significantly subaverage general intellectual
19functioning which exists concurrently with impairment in
20adaptive behavior and which originates before the age of 18
21years.
22    "Physician" has the meaning as defined in Section 1-120 of
23the Mental Health and Developmental Disabilities Code.
24    "Qualified examiner" has the meaning provided in Section
251-122 of the Mental Health and Developmental Disabilities Code.
26    "Sanctioned competitive shooting event" means a shooting

 

 

HB5540 Engrossed- 1112 -LRB099 16003 AMC 40320 b

1contest officially recognized by a national or state shooting
2sport association, and includes any sight-in or practice
3conducted in conjunction with the event.
4    "School administrator" means the person required to report
5under the School Administrator Reporting of Mental Health Clear
6and Present Danger Determinations Law.
7    "Stun gun or taser" has the meaning ascribed to it in
8Section 24-1 of the Criminal Code of 2012.
9(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
10eff. 7-27-15; revised 10-20-15.)
 
11    Section 495. The Beef Market Development Act is amended by
12changing Section 7 as follows:
 
13    (505 ILCS 25/7)  (from Ch. 5, par. 1407)
14    Sec. 7. Acceptance of grants and gifts. (a) The Checkoff
15Division may accept grants, donations, contributions, or gifts
16from any source, provided the use of such resources is not
17restricted in any manner which is deemed inconsistent with the
18objectives of the program.
19(Source: P.A. 99-389, eff. 8-18-15; revised 10-16-15.)
 
20    Section 500. The Illinois Conservation Enhancement Act is
21amended by changing Section 2-2 as follows:
 
22    (505 ILCS 35/2-2)  (from Ch. 5, par. 2402-2)

 

 

HB5540 Engrossed- 1113 -LRB099 16003 AMC 40320 b

1    Sec. 2-2. Payments to the landowner. The Director shall,
2subject to available funds and appropriations, make the
3following payments to the landowner:
4    (1) establishment of the perennial cover or other
5improvements required by the agreement, up to 60% of the cost,
6but not to exceed $75 per acre, for easements of limited
7duration;
8    (2) the cost of planting trees required by the agreement,
9up to 80% of the cost, but not to exceed $75 per acre, for
10easements of limited duration;
11    (3) a permanent easement, not to exceed 70% of the fair
12market value at the time the easement is conveyed, and payment
13of 100% of the cost, but not to exceed $75 per acre, to
14establish the perennial cover, other improvements or to plant
15trees required by the agreement; and
16    (4) an easement of limited duration, not to exceed 90% of
17the present value of the average of the acceptable bids for the
18federal Conservation Reserve Program, as contained in Public
19Law Number 99-198, in the relevant geographic area and on bids
20made immediately prior to when the easement is conveyed. If
21federal bid figures have not been determined for the area, or
22the federal program has been discontinued, the rate paid shall
23be determined by the Director.
24    The Director may not pay more than $50,000 annually to a
25landowner for the landowner's conservation easements and
26agreements. Any cost-share payments shall be in addition to

 

 

HB5540 Engrossed- 1114 -LRB099 16003 AMC 40320 b

1this $50,000 limit.
2    The Director may supplement cost-share payments made under
3other local, State or federal programs, not to exceed $75 an
4and acre, to the extent of available appropriations. The
5supplemental cost-share payments must be used to establish
6perennial cover on land enrolled in programs approved by the
7Director.
8(Source: P.A. 85-1332; revised 10-16-15.)
 
9    Section 505. The Animal Control Act is amended by changing
10Section 15 as follows:
 
11    (510 ILCS 5/15)  (from Ch. 8, par. 365)
12    Sec. 15. (a) In order to have a dog deemed "vicious", the
13Administrator, Deputy Administrator, or law enforcement
14officer must give notice of the infraction that is the basis of
15the investigation to the owner, conduct a thorough
16investigation, interview any witnesses, including the owner,
17gather any existing medical records, veterinary medical
18records or behavioral evidence, and make a detailed report
19recommending a finding that the dog is a vicious dog and give
20the report to the State's States Attorney's Office and the
21owner. The Administrator, State's Attorney, Director or any
22citizen of the county in which the dog exists may file a
23complaint in the circuit court in the name of the People of the
24State of Illinois to deem a dog to be a vicious dog. Testimony

 

 

HB5540 Engrossed- 1115 -LRB099 16003 AMC 40320 b

1of a certified applied behaviorist, a board certified
2veterinary behaviorist, or another recognized expert may be
3relevant to the court's determination of whether the dog's
4behavior was justified. The petitioner must prove the dog is a
5vicious dog by clear and convincing evidence. The Administrator
6shall determine where the animal shall be confined during the
7pendency of the case.
8    A dog may not be declared vicious if the court determines
9the conduct of the dog was justified because:
10        (1) the threat, injury, or death was sustained by a
11    person who at the time was committing a crime or offense
12    upon the owner or custodian of the dog, or was committing a
13    willful trespass or other tort upon the premises or
14    property owned or occupied by the owner of the animal;
15        (2) the injured, threatened, or killed person was
16    abusing, assaulting, or physically threatening the dog or
17    its offspring, or has in the past abused, assaulted, or
18    physically threatened the dog or its offspring; or
19        (3) the dog was responding to pain or injury, or was
20    protecting itself, its owner, custodian, or member of its
21    household, kennel, or offspring.
22    No dog shall be deemed "vicious" if it is a professionally
23trained dog for law enforcement or guard duties. Vicious dogs
24shall not be classified in a manner that is specific as to
25breed.
26    If the burden of proof has been met, the court shall deem

 

 

HB5540 Engrossed- 1116 -LRB099 16003 AMC 40320 b

1the dog to be a vicious dog.
2    If a dog is found to be a vicious dog, the owner shall pay a
3$100 public safety fine to be deposited into the Pet Population
4Control Fund, the dog shall be spayed or neutered within 10
5days of the finding at the expense of its owner and
6microchipped, if not already, and the dog is subject to
7enclosure. If an owner fails to comply with these requirements,
8the animal control agency shall impound the dog and the owner
9shall pay a $500 fine plus impoundment fees to the animal
10control agency impounding the dog. The judge has the discretion
11to order a vicious dog be euthanized. A dog found to be a
12vicious dog shall not be released to the owner until the
13Administrator, an Animal Control Warden, or the Director
14approves the enclosure. No owner or keeper of a vicious dog
15shall sell or give away the dog without approval from the
16Administrator or court. Whenever an owner of a vicious dog
17relocates, he or she shall notify both the Administrator of
18County Animal Control where he or she has relocated and the
19Administrator of County Animal Control where he or she formerly
20resided.
21    (b) It shall be unlawful for any person to keep or maintain
22any dog which has been found to be a vicious dog unless the dog
23is kept in an enclosure. The only times that a vicious dog may
24be allowed out of the enclosure are (1) if it is necessary for
25the owner or keeper to obtain veterinary care for the dog, (2)
26in the case of an emergency or natural disaster where the dog's

 

 

HB5540 Engrossed- 1117 -LRB099 16003 AMC 40320 b

1life is threatened, or (3) to comply with the order of a court
2of competent jurisdiction, provided that the dog is securely
3muzzled and restrained with a leash not exceeding 6 feet in
4length, and shall be under the direct control and supervision
5of the owner or keeper of the dog or muzzled in its residence.
6    Any dog which has been found to be a vicious dog and which
7is not confined to an enclosure shall be impounded by the
8Administrator, an Animal Control Warden, or the law enforcement
9authority having jurisdiction in such area.
10    If the owner of the dog has not appealed the impoundment
11order to the circuit court in the county in which the animal
12was impounded within 15 working days, the dog may be
13euthanized.
14    Upon filing a notice of appeal, the order of euthanasia
15shall be automatically stayed pending the outcome of the
16appeal. The owner shall bear the burden of timely notification
17to animal control in writing.
18    Guide dogs for the blind or hearing impaired, support dogs
19for persons with physical disabilities, accelerant detection
20dogs, and sentry, guard, or police-owned dogs are exempt from
21this Section; provided, an attack or injury to a person occurs
22while the dog is performing duties as expected. To qualify for
23exemption under this Section, each such dog shall be currently
24inoculated against rabies in accordance with Section 8 of this
25Act. It shall be the duty of the owner of such exempted dog to
26notify the Administrator of changes of address. In the case of

 

 

HB5540 Engrossed- 1118 -LRB099 16003 AMC 40320 b

1a sentry or guard dog, the owner shall keep the Administrator
2advised of the location where such dog will be stationed. The
3Administrator shall provide police and fire departments with a
4categorized list of such exempted dogs, and shall promptly
5notify such departments of any address changes reported to him.
6    (c) If the animal control agency has custody of the dog,
7the agency may file a petition with the court requesting that
8the owner be ordered to post security. The security must be in
9an amount sufficient to secure payment of all reasonable
10expenses expected to be incurred by the animal control agency
11or animal shelter in caring for and providing for the dog
12pending the determination. Reasonable expenses include, but
13are not limited to, estimated medical care and boarding of the
14animal for 30 days. If security has been posted in accordance
15with this Section, the animal control agency may draw from the
16security the actual costs incurred by the agency in caring for
17the dog.
18    (d) Upon receipt of a petition, the court must set a
19hearing on the petition, to be conducted within 5 business days
20after the petition is filed. The petitioner must serve a true
21copy of the petition upon the defendant.
22    (e) If the court orders the posting of security, the
23security must be posted with the clerk of the court within 5
24business days after the hearing. If the person ordered to post
25security does not do so, the dog is forfeited by operation of
26law and the animal control agency must dispose of the animal

 

 

HB5540 Engrossed- 1119 -LRB099 16003 AMC 40320 b

1through adoption or humane euthanization.
2(Source: P.A. 99-143, eff. 7-27-15; revised 10-20-15.)
 
3    Section 510. The Herptiles-Herps Act is amended by changing
4Section 80-5 as follows:
 
5    (510 ILCS 68/80-5)
6    Sec. 80-5. Injury to a member of public by special use
7herptiles. A person who possesses a special use herptile
8without complying with the requirements of this Act and the
9rules adopted under the authority of this Act and whose special
10use herptile harms a person when the possessor knew or should
11have known that the herptile had a propensity, when provoked or
12unprovoked, to harm, cause injury to, or otherwise
13substantially endanger a member of the public is guilty of a
14Class A misdemeanor. A person who fails to comply with the
15provisions of this Act and the rules adopted under the
16authority of this Act and who intentionally or knowingly allows
17allow a special use herptile to cause great bodily harm to, or
18the death of, a human is guilty of a Class 4 felony.
19(Source: P.A. 98-752, eff. 1-1-15; revised 10-20-15.)
 
20    Section 515. The Humane Care for Animals Act is amended by
21changing Section 3.01 as follows:
 
22    (510 ILCS 70/3.01)  (from Ch. 8, par. 703.01)

 

 

HB5540 Engrossed- 1120 -LRB099 16003 AMC 40320 b

1    Sec. 3.01. Cruel treatment.
2    (a) No person or owner may beat, cruelly treat, torment,
3starve, overwork or otherwise abuse any animal.
4    (b) No owner may abandon any animal where it may become a
5public charge or may suffer injury, hunger or exposure.
6    (c) No owner of a dog or cat that is a companion animal may
7expose the dog or cat in a manner that places the dog or cat in
8a life-threatening situation for a prolonged period of time in
9extreme heat or cold conditions that results in injury to or
10death of the animal.
11    (d) (c) A person convicted of violating this Section is
12guilty of a Class A misdemeanor. A second or subsequent
13conviction for a violation of this Section is a Class 4 felony.
14In addition to any other penalty provided by law, a person who
15is convicted of violating subsection (a) upon a companion
16animal in the presence of a child, as defined in Section 12-0.1
17of the Criminal Code of 2012, shall be subject to a fine of
18$250 and ordered to perform community service for not less than
19100 hours. In addition to any other penalty provided by law,
20upon conviction for violating this Section, the court may order
21the convicted person to undergo a psychological or psychiatric
22evaluation and to undergo any treatment at the convicted
23person's expense that the court determines to be appropriate
24after due consideration of the evidence. If the convicted
25person is a juvenile or a companion animal hoarder, the court
26must order the convicted person to undergo a psychological or

 

 

HB5540 Engrossed- 1121 -LRB099 16003 AMC 40320 b

1psychiatric evaluation and to undergo treatment that the court
2determines to be appropriate after due consideration of the
3evaluation.
4(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; revised
510-20-15.)
 
6    Section 520. The Wildlife Code is amended by changing
7Sections 2.26, 2.33, and 3.31 as follows:
 
8    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
9    Sec. 2.26. Deer hunting permits. In this Section, "bona
10fide equity shareholder" means an individual who (1) purchased,
11for market price, publicly sold stock shares in a corporation,
12purchased shares of a privately-held corporation for a value
13equal to the percentage of the appraised value of the corporate
14assets represented by the ownership in the corporation, or is a
15member of a closely-held family-owned corporation and has
16purchased or been gifted with shares of stock in the
17corporation accurately reflecting his or her percentage of
18ownership and (2) intends to retain the ownership of the shares
19of stock for at least 5 years.
20    In this Section, "bona fide equity member" means an
21individual who (1) (i) became a member upon the formation of
22the limited liability company or (ii) has purchased a
23distributional interest in a limited liability company for a
24value equal to the percentage of the appraised value of the LLC

 

 

HB5540 Engrossed- 1122 -LRB099 16003 AMC 40320 b

1assets represented by the distributional interest in the LLC
2and subsequently becomes a member of the company pursuant to
3Article 30 of the Limited Liability Company Act and who (2)
4intends to retain the membership for at least 5 years.
5    In this Section, "bona fide equity partner" means an
6individual who (1) (i) became a partner, either general or
7limited, upon the formation of a partnership or limited
8partnership, or (ii) has purchased, acquired, or been gifted a
9partnership interest accurately representing his or her
10percentage distributional interest in the profits, losses, and
11assets of a partnership or limited partnership, (2) intends to
12retain ownership of the partnership interest for at least 5
13years, and (3) is a resident of Illinois.
14    Any person attempting to take deer shall first obtain a
15"Deer Hunting Permit" issued by the Department in accordance
16with its administrative rules. Those rules must provide for the
17issuance of the following types of resident deer archery
18permits: (i) a combination permit, consisting of one either-sex
19permit and one antlerless-only permit, (ii) a single
20antlerless-only permit, and (iii) a single either-sex permit.
21The fee for a Deer Hunting Permit to take deer with either bow
22and arrow or gun shall not exceed $25.00 for residents of the
23State. The Department may by administrative rule provide for
24non-resident deer hunting permits for which the fee will not
25exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
26thereafter except as provided below for non-resident

 

 

HB5540 Engrossed- 1123 -LRB099 16003 AMC 40320 b

1landowners and non-resident archery hunters. The Department
2may by administrative rule provide for a non-resident archery
3deer permit consisting of not more than 2 harvest tags at a
4total cost not to exceed $325 in 2005, $375 in 2006, and $425
5in 2007 and thereafter. Permits shall be issued without charge
6to:
7        (a) Illinois landowners residing in Illinois who own at
8    least 40 acres of Illinois land and wish to hunt their land
9    only,
10        (b) resident tenants of at least 40 acres of commercial
11    agricultural land where they will hunt, and
12        (c) Bona fide equity shareholders of a corporation,
13    bona fide equity members of a limited liability company, or
14    bona fide equity partners of a general or limited
15    partnership which owns at least 40 acres of land in a
16    county in Illinois who wish to hunt on the corporation's,
17    company's, or partnership's land only. One permit shall be
18    issued without charge to one bona fide equity shareholder,
19    one bona fide equity member, or one bona fide equity
20    partner for each 40 acres of land owned by the corporation,
21    company, or partnership in a county; however, the number of
22    permits issued without charge to bona fide equity
23    shareholders of any corporation or bona fide equity members
24    of a limited liability company in any county shall not
25    exceed 15, and shall not exceed 3 in the case of bona fide
26    equity partners of a partnership.

 

 

HB5540 Engrossed- 1124 -LRB099 16003 AMC 40320 b

1    Bona fide landowners or tenants who do not wish to hunt
2only on the land they own, rent, or lease or bona fide equity
3shareholders, bona fide equity members, or bona fide equity
4partners who do not wish to hunt only on the land owned by the
5corporation, limited liability company, or partnership shall
6be charged the same fee as the applicant who is not a
7landowner, tenant, bona fide equity shareholder, bona fide
8equity member, or bona fide equity partner. Nonresidents of
9Illinois who own at least 40 acres of land and wish to hunt on
10their land only shall be charged a fee set by administrative
11rule. The method for obtaining these permits shall be
12prescribed by administrative rule.
13    The deer hunting permit issued without fee shall be valid
14on all farm lands which the person to whom it is issued owns,
15leases or rents, except that in the case of a permit issued to
16a bona fide equity shareholder, bona fide equity member, or
17bona fide equity partner, the permit shall be valid on all
18lands owned by the corporation, limited liability company, or
19partnership in the county.
20    The standards and specifications for use of guns and bow
21and arrow for deer hunting shall be established by
22administrative rule.
23    No person may have in his possession any firearm not
24authorized by administrative rule for a specific hunting season
25when taking deer.
26    Persons having a firearm deer hunting permit shall be

 

 

HB5540 Engrossed- 1125 -LRB099 16003 AMC 40320 b

1permitted to take deer only during the period from 1/2 hour
2before sunrise to 1/2 hour after sunset, and only during those
3days for which an open season is established for the taking of
4deer by use of shotgun, handgun, or muzzle loading rifle.
5    Persons having an archery deer hunting permit shall be
6permitted to take deer only during the period from 1/2 hour
7before sunrise to 1/2 hour after sunset, and only during those
8days for which an open season is established for the taking of
9deer by use of bow and arrow.
10    It shall be unlawful for any person to take deer by use of
11dogs, horses, automobiles, aircraft or other vehicles, or by
12the use or aid of bait or baiting of any kind. For the purposes
13of this Section, "bait" means any material, whether liquid or
14solid, including food, salt, minerals, and other products,
15except pure water, that can be ingested, placed, or scattered
16in such a manner as to attract or lure white-tailed deer.
17"Baiting" means the placement or scattering of bait to attract
18deer. An area is considered as baited during the presence of
19and for 10 consecutive days following the removal of bait.
20Nothing in this Section shall prohibit the use of a dog to
21track wounded deer. Any person using a dog for tracking wounded
22deer must maintain physical control of the dog at all times by
23means of a maximum 50 foot lead attached to the dog's collar or
24harness. Tracking wounded deer is permissible at night, but at
25no time outside of legal deer hunting hours or seasons shall
26any person handling or accompanying a dog being used for

 

 

HB5540 Engrossed- 1126 -LRB099 16003 AMC 40320 b

1tracking wounded deer be in possession of any firearm or
2archery device. Persons tracking wounded deer with a dog during
3the firearm deer seasons shall wear blaze orange as required.
4Dog handlers tracking wounded deer with a dog are exempt from
5hunting license and deer permit requirements so long as they
6are accompanied by the licensed deer hunter who wounded the
7deer.
8    It shall be unlawful to possess or transport any wild deer
9which has been injured or killed in any manner upon a public
10highway or public right-of-way of this State unless exempted by
11administrative rule.
12    Persons hunting deer must have gun unloaded and no bow and
13arrow device shall be carried with the arrow in the nocked
14position during hours when deer hunting is unlawful.
15    It shall be unlawful for any person, having taken the legal
16limit of deer by gun, to further participate with gun in any
17deer hunting party.
18    It shall be unlawful for any person, having taken the legal
19limit of deer by bow and arrow, to further participate with bow
20and arrow in any deer hunting party.
21    The Department may prohibit upland game hunting during the
22gun deer season by administrative rule.
23    The Department shall not limit the number of non-resident,
24either-sex either sex archery deer hunting permits to less than
2520,000.
26    Any person who violates any of the provisions of this

 

 

HB5540 Engrossed- 1127 -LRB099 16003 AMC 40320 b

1Section, including administrative rules, shall be guilty of a
2Class B misdemeanor.
3    For the purposes of calculating acreage under this Section,
4the Department shall, after determining the total acreage of
5the applicable tract or tracts of land, round remaining
6fractional portions of an acre greater than or equal to half of
7an acre up to the next whole acre.
8    For the purposes of taking white-tailed deer, nothing in
9this Section shall be construed to prevent the manipulation,
10including mowing or cutting, of standing crops as a normal
11agricultural or soil stabilization practice, food plots, or
12normal agricultural practices, including planting, harvesting,
13and maintenance such as cultivating or the use of products
14designed for scent only and not capable of ingestion, solid or
15liquid, placed or scattered, in such a manner as to attract or
16lure deer. Such manipulation for the purpose of taking
17white-tailed deer may be further modified by administrative
18rule.
19(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12;
2098-180, eff. 8-5-13; revised 10-20-15.)
 
21    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
22    Sec. 2.33. Prohibitions.
23    (a) It is unlawful to carry or possess any gun in any State
24refuge unless otherwise permitted by administrative rule.
25    (b) It is unlawful to use or possess any snare or

 

 

HB5540 Engrossed- 1128 -LRB099 16003 AMC 40320 b

1snare-like device, deadfall, net, or pit trap to take any
2species, except that snares not powered by springs or other
3mechanical devices may be used to trap fur-bearing mammals, in
4water sets only, if at least one-half of the snare noose is
5located underwater at all times.
6    (c) It is unlawful for any person at any time to take a
7wild mammal protected by this Act from its den by means of any
8mechanical device, spade, or digging device or to use smoke or
9other gases to dislodge or remove such mammal except as
10provided in Section 2.37.
11    (d) It is unlawful to use a ferret or any other small
12mammal which is used in the same or similar manner for which
13ferrets are used for the purpose of frightening or driving any
14mammals from their dens or hiding places.
15    (e) (Blank).
16    (f) It is unlawful to use spears, gigs, hooks or any like
17device to take any species protected by this Act.
18    (g) It is unlawful to use poisons, chemicals or explosives
19for the purpose of taking any species protected by this Act.
20    (h) It is unlawful to hunt adjacent to or near any peat,
21grass, brush or other inflammable substance when it is burning.
22    (i) It is unlawful to take, pursue or intentionally harass
23or disturb in any manner any wild birds or mammals by use or
24aid of any vehicle or conveyance, except as permitted by the
25Code of Federal Regulations for the taking of waterfowl. It is
26also unlawful to use the lights of any vehicle or conveyance or

 

 

HB5540 Engrossed- 1129 -LRB099 16003 AMC 40320 b

1any light from or any light connected to the vehicle or
2conveyance in any area where wildlife may be found except in
3accordance with Section 2.37 of this Act; however, nothing in
4this Section shall prohibit the normal use of headlamps for the
5purpose of driving upon a roadway. Striped skunk, opossum, red
6fox, gray fox, raccoon, bobcat, and coyote may be taken during
7the open season by use of a small light which is worn on the
8body or hand-held by a person on foot and not in any vehicle.
9    (j) It is unlawful to use any shotgun larger than 10 gauge
10while taking or attempting to take any of the species protected
11by this Act.
12    (k) It is unlawful to use or possess in the field any
13shotgun shell loaded with a shot size larger than lead BB or
14steel T (.20 diameter) when taking or attempting to take any
15species of wild game mammals (excluding white-tailed deer),
16wild game birds, migratory waterfowl or migratory game birds
17protected by this Act, except white-tailed deer as provided for
18in Section 2.26 and other species as provided for by subsection
19(l) or administrative rule.
20    (l) It is unlawful to take any species of wild game, except
21white-tailed deer and fur-bearing mammals, with a shotgun
22loaded with slugs unless otherwise provided for by
23administrative rule.
24    (m) It is unlawful to use any shotgun capable of holding
25more than 3 shells in the magazine or chamber combined, except
26on game breeding and hunting preserve areas licensed under

 

 

HB5540 Engrossed- 1130 -LRB099 16003 AMC 40320 b

1Section 3.27 and except as permitted by the Code of Federal
2Regulations for the taking of waterfowl. If the shotgun is
3capable of holding more than 3 shells, it shall, while being
4used on an area other than a game breeding and shooting
5preserve area licensed pursuant to Section 3.27, be fitted with
6a one piece plug that is irremovable without dismantling the
7shotgun or otherwise altered to render it incapable of holding
8more than 3 shells in the magazine and chamber, combined.
9    (n) It is unlawful for any person, except persons who
10possess a permit to hunt from a vehicle as provided in this
11Section and persons otherwise permitted by law, to have or
12carry any gun in or on any vehicle, conveyance or aircraft,
13unless such gun is unloaded and enclosed in a case, except that
14at field trials authorized by Section 2.34 of this Act,
15unloaded guns or guns loaded with blank cartridges only, may be
16carried on horseback while not contained in a case, or to have
17or carry any bow or arrow device in or on any vehicle unless
18such bow or arrow device is unstrung or enclosed in a case, or
19otherwise made inoperable.
20    (o) It is unlawful to use any crossbow for the purpose of
21taking any wild birds or mammals, except as provided for in
22Section 2.5.
23    (p) It is unlawful to take game birds, migratory game birds
24or migratory waterfowl with a rifle, pistol, revolver or
25airgun.
26    (q) It is unlawful to fire a rifle, pistol, revolver or

 

 

HB5540 Engrossed- 1131 -LRB099 16003 AMC 40320 b

1airgun on, over or into any waters of this State, including
2frozen waters.
3    (r) It is unlawful to discharge any gun or bow and arrow
4device along, upon, across, or from any public right-of-way or
5highway in this State.
6    (s) It is unlawful to use a silencer or other device to
7muffle or mute the sound of the explosion or report resulting
8from the firing of any gun.
9    (t) It is unlawful for any person to take or attempt to
10take any species of wildlife or parts thereof, intentionally or
11wantonly allow a dog to hunt, within or upon the land of
12another, or upon waters flowing over or standing on the land of
13another, or to knowingly shoot a gun or bow and arrow device at
14any wildlife physically on or flying over the property of
15another without first obtaining permission from the owner or
16the owner's designee. For the purposes of this Section, the
17owner's designee means anyone who the owner designates in a
18written authorization and the authorization must contain (i)
19the legal or common description of property for such authority
20is given, (ii) the extent that the owner's designee is
21authorized to make decisions regarding who is allowed to take
22or attempt to take any species of wildlife or parts thereof,
23and (iii) the owner's notarized signature. Before enforcing
24this Section the law enforcement officer must have received
25notice from the owner or the owner's designee of a violation of
26this Section. Statements made to the law enforcement officer

 

 

HB5540 Engrossed- 1132 -LRB099 16003 AMC 40320 b

1regarding this notice shall not be rendered inadmissible by the
2hearsay rule when offered for the purpose of showing the
3required notice.
4    (u) It is unlawful for any person to discharge any firearm
5for the purpose of taking any of the species protected by this
6Act, or hunt with gun or dog, or intentionally or wantonly
7allow a dog to hunt, within 300 yards of an inhabited dwelling
8without first obtaining permission from the owner or tenant,
9except that while trapping, hunting with bow and arrow, hunting
10with dog and shotgun using shot shells only, or hunting with
11shotgun using shot shells only, or providing outfitting
12services under a waterfowl outfitter permit, or on licensed
13game breeding and hunting preserve areas, as defined in Section
143.27, on federally owned and managed lands and on Department
15owned, managed, leased, or controlled lands, a 100 yard
16restriction shall apply.
17    (v) It is unlawful for any person to remove fur-bearing
18mammals from, or to move or disturb in any manner, the traps
19owned by another person without written authorization of the
20owner to do so.
21    (w) It is unlawful for any owner of a dog to knowingly or
22wantonly allow his or her dog to pursue, harass or kill deer,
23except that nothing in this Section shall prohibit the tracking
24of wounded deer with a dog in accordance with the provisions of
25Section 2.26 of this Code.
26    (x) It is unlawful for any person to wantonly or carelessly

 

 

HB5540 Engrossed- 1133 -LRB099 16003 AMC 40320 b

1injure or destroy, in any manner whatsoever, any real or
2personal property on the land of another while engaged in
3hunting or trapping thereon.
4    (y) It is unlawful to hunt wild game protected by this Act
5between one half hour after sunset and one half hour before
6sunrise, except that hunting hours between one half hour after
7sunset and one half hour before sunrise may be established by
8administrative rule for fur-bearing mammals.
9    (z) It is unlawful to take any game bird (excluding wild
10turkeys and crippled pheasants not capable of normal flight and
11otherwise irretrievable) protected by this Act when not flying.
12Nothing in this Section shall prohibit a person from carrying
13an uncased, unloaded shotgun in a boat, while in pursuit of a
14crippled migratory waterfowl that is incapable of normal
15flight, for the purpose of attempting to reduce the migratory
16waterfowl to possession, provided that the attempt is made
17immediately upon downing the migratory waterfowl and is done
18within 400 yards of the blind from which the migratory
19waterfowl was downed. This exception shall apply only to
20migratory game birds that are not capable of normal flight.
21Migratory waterfowl that are crippled may be taken only with a
22shotgun as regulated by subsection (j) of this Section using
23shotgun shells as regulated in subsection (k) of this Section.
24    (aa) It is unlawful to use or possess any device that may
25be used for tree climbing or cutting, while hunting fur-bearing
26mammals, excluding coyotes.

 

 

HB5540 Engrossed- 1134 -LRB099 16003 AMC 40320 b

1    (bb) It is unlawful for any person, except licensed game
2breeders, pursuant to Section 2.29 to import, carry into, or
3possess alive in this State any species of wildlife taken
4outside of this State, without obtaining permission to do so
5from the Director.
6    (cc) It is unlawful for any person to have in his or her
7possession any freshly killed species protected by this Act
8during the season closed for taking.
9    (dd) It is unlawful to take any species protected by this
10Act and retain it alive except as provided by administrative
11rule.
12    (ee) It is unlawful to possess any rifle while in the field
13during gun deer season except as provided in Section 2.26 and
14administrative rules.
15    (ff) It is unlawful for any person to take any species
16protected by this Act, except migratory waterfowl, during the
17gun deer hunting season in those counties open to gun deer
18hunting, unless he or she wears, when in the field, a cap and
19upper outer garment of a solid blaze orange color, with such
20articles of clothing displaying a minimum of 400 square inches
21of blaze orange material.
22    (gg) It is unlawful during the upland game season for any
23person to take upland game with a firearm unless he or she
24wears, while in the field, a cap of solid blaze orange color.
25For purposes of this Act, upland game is defined as Bobwhite
26Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern

 

 

HB5540 Engrossed- 1135 -LRB099 16003 AMC 40320 b

1Cottontail and Swamp Rabbit.
2    (hh) It shall be unlawful to kill or cripple any species
3protected by this Act for which there is a bag limit without
4making a reasonable effort to retrieve such species and include
5such in the bag limit. It shall be unlawful for any person
6having control over harvested game mammals, game birds, or
7migratory game birds for which there is a bag limit to wantonly
8waste or destroy the usable meat of the game, except this shall
9not apply to wildlife taken under Sections 2.37 or 3.22 of this
10Code. For purposes of this subsection, "usable meat" means the
11breast meat of a game bird or migratory game bird and the hind
12ham and front shoulders of a game mammal. It shall be unlawful
13for any person to place, leave, dump, or abandon a wildlife
14carcass or parts of it along or upon a public right-of-way or
15highway or on public or private property, including a waterway
16or stream, without the permission of the owner or tenant. It
17shall not be unlawful to discard game meat that is determined
18to be unfit for human consumption.
19    (ii) This Section shall apply only to those species
20protected by this Act taken within the State. Any species or
21any parts thereof, legally taken in and transported from other
22states or countries, may be possessed within the State, except
23as provided in this Section and Sections 2.35, 2.36 and 3.21.
24    (jj) (Blank).
25    (kk) Nothing contained in this Section shall prohibit the
26Director from issuing permits to paraplegics or to other

 

 

HB5540 Engrossed- 1136 -LRB099 16003 AMC 40320 b

1persons with disabilities who meet the requirements set forth
2in administrative rule to shoot or hunt from a vehicle as
3provided by that rule, provided that such is otherwise in
4accord with this Act.
5    (ll) Nothing contained in this Act shall prohibit the
6taking of aquatic life protected by the Fish and Aquatic Life
7Code or birds and mammals protected by this Act, except deer
8and fur-bearing mammals, from a boat not camouflaged or
9disguised to alter its identity or to further provide a place
10of concealment and not propelled by sail or mechanical power.
11However, only shotguns not larger than 10 gauge nor smaller
12than .410 bore loaded with not more than 3 shells of a shot
13size no larger than lead BB or steel T (.20 diameter) may be
14used to take species protected by this Act.
15    (mm) Nothing contained in this Act shall prohibit the use
16of a shotgun, not larger than 10 gauge nor smaller than a 20
17gauge, with a rifled barrel.
18    (nn) It shall be unlawful to possess any species of
19wildlife or wildlife parts taken unlawfully in Illinois, any
20other state, or any other country, whether or not the wildlife
21or wildlife parts is indigenous to Illinois. For the purposes
22of this subsection, the statute of limitations for unlawful
23possession of wildlife or wildlife parts shall not cease until
242 years after the possession has permanently ended.
25(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
26eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,

 

 

HB5540 Engrossed- 1137 -LRB099 16003 AMC 40320 b

1eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised
210-20-15.)
 
3    (520 ILCS 5/3.31)  (from Ch. 61, par. 3.31)
4    Sec. 3.31. The Department may designate any operator of a
5licensed license game breeding and hunting preserve area or any
6of his or its agents or employees as a special representative
7of the Department with power to enforce the game laws and to
8prevent trespassing upon such property; provided that not more
9than two special representatives may be appointed for each such
10preserve. Such special representative shall be subject to rules
11and regulations to be prescribed by the Department and shall
12serve without compensation from the Department.
13(Source: P.A. 84-150; revised 10-20-15.)
 
14    Section 525. The Illinois Vehicle Code is amended by
15changing Sections 3-415, 3-616, 3-626, 3-801, 3-806.3, 3-818,
166-106.1, 6-115, 6-118, 6-205, 6-206, 6-208, 6-302, 11-501.01,
1711-605.1, 12-215, and 15-316 as follows:
 
18    (625 ILCS 5/3-415)  (from Ch. 95 1/2, par. 3-415)
19    Sec. 3-415. Application for and renewal of registration.
20    (a) Calendar year. Application for renewal of a vehicle
21registration shall be made by the owner, as to those vehicles
22required to be registered on a calendar registration year, not
23later than December 1 of each year, upon proper application and

 

 

HB5540 Engrossed- 1138 -LRB099 16003 AMC 40320 b

1by payment of the registration fee and tax for such vehicle, as
2provided by law except that application for renewal of a
3vehicle registration, as to those vehicles required to be
4registered on a staggered calendar year basis, shall be made by
5the owner in the form and manner prescribed by the Secretary of
6State.
7    (b) Fiscal year. Application for renewal of a vehicle
8registration shall be made by the owner, as to those vehicles
9required to be registered on a fiscal registration year, not
10later than June 1 of each year, upon proper application and by
11payment of the registration fee and tax for such vehicle as
12provided by law, except that application for renewal of a
13vehicle registration, as to those vehicles required to be
14registered on a staggered fiscal year basis, shall be made by
15the owner in the form and manner prescribed by the Secretary of
16State.
17    (c) Two calendar years. Application for renewal of a
18vehicle registration shall be made by the owner, as to those
19vehicles required to be registered for 2 calendar years, not
20later than December 1 of the year preceding commencement of the
212-year registration period, except that application for
22renewal of a vehicle registration, as to those vehicles
23required to be registered for 2 years on a staggered
24registration basis, shall be made by the owner in the form and
25manner prescribed by the Secretary of State.
26    (d) Two fiscal years. Application for renewal of a vehicle

 

 

HB5540 Engrossed- 1139 -LRB099 16003 AMC 40320 b

1registration shall be made by the owner, as to those vehicles
2required to be registered for 2 fiscal years, not later than
3June 1 immediately preceding commencement of the 2-year
4registration period, except that application for renewal of a
5vehicle registration, as to those vehicles required to be
6registered for 2 fiscal years on a staggered registration
7basis, shall be made by the owner in the form and manner
8prescribed by the Secretary of State.
9    (d-5) Three calendar years. Application for renewal of a
10vehicle registration shall be made by the owner, as to those
11vehicles required to be registered for 3 calendar years, not
12later than December 1 of the year preceding commencement of the
133-year registration period.
14    (d-10) Five calendar years. Application for renewal of a
15vehicle registration shall be made by the owner, as to those
16vehicles required to be registered for 5 calendar years, not
17later than December 1 of the year preceding commencement of the
185-year registration period.
19    (e) Time of application. The Secretary of State may receive
20applications for renewal of registration and grant the same and
21issue new registration cards and plates or registration
22stickers at any time prior to expiration of registration. No
23person shall display upon a vehicle, the new registration
24plates or registration stickers prior to the dates the
25Secretary of State in his discretion may select.
26    (f) Verification. The Secretary of State may further

 

 

HB5540 Engrossed- 1140 -LRB099 16003 AMC 40320 b

1require, as to vehicles for-hire, that applications be
2accompanied by verification that fees due under the Illinois
3Motor Carrier of Property Law, as amended, have been paid.
4    (g) (Blank).
5    (h) Returning combat mission veterans. Beginning in
6registration year 2017, the application for renewal, and
7subsequent fees, of a vehicle registration for a member of the
8active-duty or reserve component of the United States Armed
9Forces returning from a combat mission shall not be required
10for that service member's next scheduled renewal. Proof of
11combat mission service shall come from the service member's
12hostile fire pay or imminent danger pay documentation received
13any time in the 12 months preceding the registration renewal.
14Nothing in this subsection is applicable to the additional fees
15incurred by specialty, personalized, or vanity license plates.
16(Source: P.A. 98-539, eff. 1-1-14; 98-787, eff. 7-25-14; 99-32,
17eff. 7-10-15; 99-80, eff. 1-1-16; revised 10-19-15.)
 
18    (625 ILCS 5/3-616)  (from Ch. 95 1/2, par. 3-616)
19    Sec. 3-616. Disability license plates.
20    (a) Upon receiving an application for a certificate of
21registration for a motor vehicle of the first division or for a
22motor vehicle of the second division weighing no more than
238,000 pounds, accompanied with payment of the registration fees
24required under this Code from a person with disabilities or a
25person who is deaf or hard of hearing, the Secretary of State,

 

 

HB5540 Engrossed- 1141 -LRB099 16003 AMC 40320 b

1if so requested, shall issue to such person registration plates
2as provided for in Section 3-611, provided that the person with
3disabilities or person who is deaf or hard of hearing must not
4be disqualified from obtaining a driver's license under
5subsection 8 of Section 6-103 of this Code, and further
6provided that any person making such a request must submit a
7statement, certified by a licensed physician, by a licensed
8physician assistant, or by a licensed advanced practice nurse,
9to the effect that such person is a person with disabilities as
10defined by Section 1-159.1 of this Code, or alternatively
11provide adequate documentation that such person has a Class 1A,
12Class 2A or Type Four disability under the provisions of
13Section 4A of the Illinois Identification Card Act. For
14purposes of this Section, an Illinois Person with a Disability
15Identification Card issued pursuant to the Illinois
16Identification Card Act indicating that the person thereon
17named has a disability shall be adequate documentation of such
18a disability.
19    (b) The Secretary shall issue plates under this Section to
20a parent or legal guardian of a person with disabilities if the
21person with disabilities has a Class 1A or Class 2A disability
22as defined in Section 4A of the Illinois Identification Card
23Act or is a person with disabilities as defined by Section
241-159.1 of this Code, and does not possess a vehicle registered
25in his or her name, provided that the person with disabilities
26relies frequently on the parent or legal guardian for

 

 

HB5540 Engrossed- 1142 -LRB099 16003 AMC 40320 b

1transportation. Only one vehicle per family may be registered
2under this subsection, unless the applicant can justify in
3writing the need for one additional set of plates. Any person
4requesting special plates under this subsection shall submit
5such documentation or such physician's, physician assistant's,
6or advanced practice nurse's statement as is required in
7subsection (a) and a statement describing the circumstances
8qualifying for issuance of special plates under this
9subsection. An optometrist may certify a Class 2A Visual
10Disability, as defined in Section 4A of the Illinois
11Identification Card Act, for the purpose of qualifying a person
12with disabilities for special plates under this subsection.
13    (c) The Secretary may issue a parking decal or device to a
14person with disabilities as defined by Section 1-159.1 without
15regard to qualification of such person with disabilities for a
16driver's license or registration of a vehicle by such person
17with disabilities or such person's immediate family, provided
18such person with disabilities making such a request has been
19issued an Illinois Person with a Disability Identification Card
20indicating that the person named thereon has a Class 1A or
21Class 2A disability, or alternatively, submits a statement
22certified by a licensed physician, or by a licensed physician
23assistant or a licensed advanced practice nurse as provided in
24subsection (a), to the effect that such person is a person with
25disabilities as defined by Section 1-159.1. An optometrist may
26certify a Class 2A Visual Disability as defined in Section 4A

 

 

HB5540 Engrossed- 1143 -LRB099 16003 AMC 40320 b

1of the Illinois Identification Card Act for the purpose of
2qualifying a person with disabilities for a parking decal or
3device under this subsection.
4    (d) The Secretary shall prescribe by rules and regulations
5procedures to certify or re-certify as necessary the
6eligibility of persons whose disabilities are other than
7permanent for special plates or parking decals or devices
8issued under subsections (a), (b) and (c). Except as provided
9under subsection (f) of this Section, no such special plates,
10decals or devices shall be issued by the Secretary of State to
11or on behalf of any person with disabilities unless such person
12is certified as meeting the definition of a person with
13disabilities pursuant to Section 1-159.1 or meeting the
14requirement of a Type Four disability as provided under Section
154A of the Illinois Identification Card Act for the period of
16time that the physician, or the physician assistant or advanced
17practice nurse as provided in subsection (a), determines the
18applicant will have the disability, but not to exceed 6 months
19from the date of certification or recertification.
20    (e) Any person requesting special plates under this Section
21may also apply to have the special plates personalized, as
22provided under Section 3-405.1.
23    (f) The Secretary of State, upon application, shall issue
24disability registration plates or a parking decal to
25corporations, school districts, State or municipal agencies,
26limited liability companies, nursing homes, convalescent

 

 

HB5540 Engrossed- 1144 -LRB099 16003 AMC 40320 b

1homes, or special education cooperatives which will transport
2persons with disabilities. The Secretary shall prescribe by
3rule a means to certify or re-certify the eligibility of
4organizations to receive disability plates or decals and to
5designate which of the 2 person with disabilities emblems shall
6be placed on qualifying vehicles.
7    (g) The Secretary of State, or his designee, may enter into
8agreements with other jurisdictions, including foreign
9jurisdictions, on behalf of this State relating to the
10extension of parking privileges by such jurisdictions to
11residents of this State with disabilities who display a special
12license plate or parking device that contains the International
13symbol of access on his or her motor vehicle, and to recognize
14such plates or devices issued by such other jurisdictions. This
15State shall grant the same parking privileges which are granted
16to residents of this State with disabilities to any
17non-resident whose motor vehicle is licensed in another state,
18district, territory or foreign country if such vehicle displays
19the international symbol of access or a distinguishing insignia
20on license plates or parking device issued in accordance with
21the laws of the non-resident's state, district, territory or
22foreign country.
23(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
24revised 10-19-15.)
 
25    (625 ILCS 5/3-626)

 

 

HB5540 Engrossed- 1145 -LRB099 16003 AMC 40320 b

1    Sec. 3-626. Korean War Veteran license plates.
2    (a) In addition to any other special license plate, the
3Secretary, upon receipt of all applicable fees and applications
4made in the form prescribed by the Secretary of State, may
5issue special registration plates designated as Korean War
6Veteran license plates to residents of Illinois who
7participated in the United States Armed Forces during the
8Korean War. The special plate issued under this Section shall
9be affixed only to passenger vehicles of the first division,
10motorcycles, motor vehicles of the second division weighing not
11more than 8,000 pounds, and recreational vehicles as defined by
12Section 1-169 of this Code. Plates issued under this Section
13shall expire according to the staggered multi-year procedure
14established by Section 3-414.1 of this Code.
15    (b) The design, color, and format of the plates shall be
16wholly within the discretion of the Secretary of State. The
17Secretary may, in his or her discretion, allow the plates to be
18issued as vanity plates or personalized in accordance with
19Section 3-405.1 of this Code. The plates are not required to
20designate "Land Of Lincoln", as prescribed in subsection (b) of
21Section 3-412 of this Code. The Secretary shall prescribe the
22eligibility requirements and, in his or her discretion, shall
23approve and prescribe stickers or decals as provided under
24Section 3-412.
25    (c) (Blank).
26    (d) The Korean War Memorial Construction Fund is created as

 

 

HB5540 Engrossed- 1146 -LRB099 16003 AMC 40320 b

1a special fund in the State treasury. All moneys in the Korean
2War Memorial Construction Fund shall, subject to
3appropriation, be used by the Department of Veteran Affairs to
4provide grants for construction of the Korean War Memorial to
5be located at Oak Ridge Cemetery in Springfield, Illinois. Upon
6the completion of the Memorial, the Department of Veteran
7Affairs shall certify to the State Treasurer that the
8construction of the Memorial has been completed. Upon the
9certification by the Department of Veteran Affairs, the State
10Treasurer shall transfer all moneys in the Fund and any future
11deposits into the Fund into the Secretary of State Special
12License Plate Fund.
13    (e) An individual who has been issued Korean War Veteran
14license plates for a vehicle and who has been approved for
15benefits under the Senior Citizens and Persons with
16Disabilities Property Tax Relief Act shall pay the original
17issuance and the regular annual fee for the registration of the
18vehicle as provided in Section 3-806.3 of this Code.
19(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15;
20revised 11-2-15.)
 
21    (625 ILCS 5/3-801)  (from Ch. 95 1/2, par. 3-801)
22    Sec. 3-801. Registration.
23    (a) Except as provided herein for new residents, every
24owner of any vehicle which shall be operated upon the public
25highways of this State shall, within 24 hours after becoming

 

 

HB5540 Engrossed- 1147 -LRB099 16003 AMC 40320 b

1the owner or at such time as such vehicle becomes subject to
2registration under the provisions of this Act, file in an
3office of the Secretary of State, an application for
4registration properly completed and executed. New residents
5need not secure registration until 30 days after establishing
6residency in this State, provided the vehicle is properly
7registered in another jurisdiction. By the expiration of such
830-day 30 day statutory grace period, a new resident shall
9comply with the provisions of this Act and apply for Illinois
10vehicle registration. All applications for registration shall
11be accompanied by all documentation required under the
12provisions of this Act. The appropriate registration fees and
13taxes provided for in this Article of this Chapter shall be
14paid to the Secretary of State with the application for
15registration of vehicles subject to registration under this
16Act.
17    (b) Any resident of this State, who has been serving as a
18member or as a civilian employee of the United States Armed
19Services, or as a civilian employee of the United States
20Department of Defense, outside of the State of Illinois, need
21not secure registration until 45 days after returning to this
22State, provided the vehicle displays temporary military
23registration.
24    (c) When an application is submitted by mail, the applicant
25may not submit cash or postage stamps for payment of fees or
26taxes due. The Secretary in his discretion, may decline to

 

 

HB5540 Engrossed- 1148 -LRB099 16003 AMC 40320 b

1accept a personal or company check or electronic payment in
2payment of fees or taxes. An application submitted to a dealer,
3or a remittance made to the Secretary of State shall be deemed
4in compliance with this Section.
5(Source: P.A. 99-118, eff. 1-1-16; 99-324, eff. 1-1-16; revised
611-2-15.)
 
7    (625 ILCS 5/3-806.3)  (from Ch. 95 1/2, par. 3-806.3)
8    Sec. 3-806.3. Senior Citizens. Commencing with the 2009
9registration year, the registration fee paid by any vehicle
10owner who has been approved for benefits under the Senior
11Citizens and Persons with Disabilities Property Tax Relief Act
12or who is the spouse of such a person shall be $24 instead of
13the fee otherwise provided in this Code for passenger cars
14displaying standard multi-year registration plates issued
15under Section 3-414.1, motor vehicles displaying special
16registration plates issued under Section 3-609, 3-616, 3-621,
173-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645,
183-647, 3-650, 3-651, or 3-663, motor vehicles registered at
198,000 pounds or less under Section 3-815(a), and recreational
20vehicles registered at 8,000 pounds or less under Section
213-815(b). Widows and widowers of claimants shall also be
22entitled to this reduced registration fee for the registration
23year in which the claimant was eligible.
24    Commencing with the 2009 registration year, the
25registration fee paid by any vehicle owner who has claimed and

 

 

HB5540 Engrossed- 1149 -LRB099 16003 AMC 40320 b

1received a grant under the Senior Citizens and Persons with
2Disabilities Property Tax Relief Act or who is the spouse of
3such a person shall be $24 instead of the fee otherwise
4provided in this Code for passenger cars displaying standard
5multi-year registration plates issued under Section 3-414.1,
6motor vehicles displaying special registration plates issued
7under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623, 3-624,
83-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651,
93-663, or 3-664, motor vehicles registered at 8,000 pounds or
10less under Section 3-815(a), and recreational vehicles
11registered at 8,000 pounds or less under Section 3-815(b).
12Widows and widowers of claimants shall also be entitled to this
13reduced registration fee for the registration year in which the
14claimant was eligible.
15    Commencing with the 2017 registration year, the reduced fee
16under this Section shall apply to any special registration
17plate authorized in Article VI of Chapter 3 of this Code, for
18which the applicant would otherwise be eligible.
19    No more than one reduced registration fee under this
20Section shall be allowed during any 12-month 12 month period
21based on the primary eligibility of any individual, whether
22such reduced registration fee is allowed to the individual or
23to the spouse, widow or widower of such individual. This
24Section does not apply to the fee paid in addition to the
25registration fee for motor vehicles displaying vanity,
26personalized, or special license plates.

 

 

HB5540 Engrossed- 1150 -LRB099 16003 AMC 40320 b

1(Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; revised
210-19-15.)
 
3    (625 ILCS 5/3-818)  (from Ch. 95 1/2, par. 3-818)
4    Sec. 3-818. (a) Mileage weight tax option.
5    (a) Any owner of a vehicle of the second division may elect
6to pay a mileage weight tax for such vehicle in lieu of the
7flat weight tax set out in Section 3-815. Such election shall
8be binding to the end of the registration year. Renewal of this
9election must be filed with the Secretary of State on or before
10July 1 of each registration period. In such event the owner
11shall, at the time of making such election, pay the $10
12registration fee and the minimum guaranteed mileage weight tax,
13as hereinafter provided, which payment shall permit the owner
14to operate that vehicle the maximum mileage in this State
15hereinafter set forth. Any vehicle being operated on mileage
16plates cannot be operated outside of this State. In addition
17thereto, the owner of that vehicle shall pay a mileage weight
18tax at the following rates for each mile traveled in this State
19in excess of the maximum mileage provided under the minimum
20guaranteed basis:
21
BUS, TRUCK OR TRUCK TRACTOR
22MaximumMileage
23MinimumMileageWeight Tax
24GuaranteedPermittedfor Mileage
25Gross WeightMileageUnderin excess of

 

 

HB5540 Engrossed- 1151 -LRB099 16003 AMC 40320 b

1Vehicle andWeightGuaranteedGuaranteed
2LoadClassTaxTaxMileage
312,000 lbs. or lessMD$735,00026 Mills
412,001 to 16,000 lbs.MF1206,00034 Mills
516,001 to 20,000 lbs.MG1806,00046 Mills
620,001 to 24,000 lbs.MH2356,00063 Mills
724,001 to 28,000 lbs.MJ3157,00063 Mills
828,001 to 32,000 lbs.MK3857,00083 Mills
932,001 to 36,000 lbs.ML4857,00099 Mills
1036,001 to 40,000 lbs.MN6157,000128 Mills
1140,001 to 45,000 lbs.MP6957,000139 Mills
1245,001 to 54,999 lbs.MR8537,000156 Mills
1355,000 to 59,500 lbs.MS9207,000178 Mills
1459,501 to 64,000 lbs.MT9857,000195 Mills
1564,001 to 73,280 lbs.MV1,1737,000225 Mills
1673,281 to 77,000 lbs.MX1,3287,000258 Mills
1777,001 to 80,000 lbs.MZ1,4157,000275 Mills
18
TRAILER
19MaximumMileage
20MinimumMileageWeight Tax
21GuaranteedPermittedfor Mileage
22Gross WeightMileageUnderin excess of
23Vehicle andWeightGuaranteedGuaranteed
24LoadClassTaxTaxMileage
2514,000 lbs. or lessME$755,00031 Mills
2614,001 to 20,000 lbs.MF1356,00036 Mills

 

 

HB5540 Engrossed- 1152 -LRB099 16003 AMC 40320 b

120,001 to 36,000 lbs.ML5407,000103 Mills
236,001 to 40,000 lbs.MM7507,000150 Mills
3    (a-1) A Special Hauling Vehicle is a vehicle or combination
4of vehicles of the second division registered under Section
53-813 transporting asphalt or concrete in the plastic state or
6a vehicle or combination of vehicles that are subject to the
7gross weight limitations in subsection (a) of Section 15-111
8for which the owner of the vehicle or combination of vehicles
9has elected to pay, in addition to the registration fee in
10subsection (a), $125 to the Secretary of State for each
11registration year. The Secretary shall designate this class of
12vehicle as a Special Hauling Vehicle.
13    In preparing rate schedules on registration applications,
14the Secretary of State shall add to the above rates, the $10
15registration fee. The Secretary may decline to accept any
16renewal filed after July 1st.
17    The number of axles necessary to carry the maximum load
18provided shall be determined from Chapter 15 of this Code.
19    Every owner of a second division motor vehicle for which he
20has elected to pay a mileage weight tax shall keep a daily
21record upon forms prescribed by the Secretary of State, showing
22the mileage covered by that vehicle in this State. Such record
23shall contain the license number of the vehicle and the miles
24traveled by the vehicle in this State for each day of the
25calendar month. Such owner shall also maintain records of fuel
26consumed by each such motor vehicle and fuel purchases

 

 

HB5540 Engrossed- 1153 -LRB099 16003 AMC 40320 b

1therefor. On or before the 10th day of July the owner shall
2certify to the Secretary of State upon forms prescribed
3therefor, summaries of his daily records which shall show the
4miles traveled by the vehicle in this State during the
5preceding 12 months and such other information as the Secretary
6of State may require. The daily record and fuel records shall
7be filed, preserved and available for audit for a period of 3
8years. Any owner filing a return hereunder shall certify that
9such return is a true, correct and complete return. Any person
10who willfully makes a false return hereunder is guilty of
11perjury and shall be punished in the same manner and to the
12same extent as is provided therefor.
13    At the time of filing his return, each owner shall pay to
14the Secretary of State the proper amount of tax at the rate
15herein imposed.
16    Every owner of a vehicle of the second division who elects
17to pay on a mileage weight tax basis and who operates the
18vehicle within this State, shall file with the Secretary of
19State a bond in the amount of $500. The bond shall be in a form
20approved by the Secretary of State and with a surety company
21approved by the Illinois Department of Insurance to transact
22business in this State as surety, and shall be conditioned upon
23such applicant's paying to the State of Illinois all money
24becoming due by reason of the operation of the second division
25vehicle in this State, together with all penalties and interest
26thereon.

 

 

HB5540 Engrossed- 1154 -LRB099 16003 AMC 40320 b

1    Upon notice from the Secretary that the registrant has
2failed to pay the excess mileage fees, the surety shall
3immediately pay the fees together with any penalties and
4interest thereon in an amount not to exceed the limits of the
5bond.
6    (b) Beginning January 1, 2016, upon the request of the
7vehicle owner, a $10 surcharge shall be collected in addition
8to the above fees for vehicles in the 12,000 lbs. and less
9mileage weight plate category as described in subsection (a) to
10be deposited into the Secretary of State Special License Plate
11Fund. The $10 surcharge is to identify vehicles in the 12,000
12lbs. and less mileage weight plate category as a covered farm
13vehicle. The $10 surcharge is an annual flat fee that shall be
14based on an applicant's new or existing registration year for
15each vehicle in the 12,000 lbs. and less mileage weight plate
16category. A designation as a covered farm vehicle under this
17subsection (b) shall not alter a vehicle's registration as a
18registration in the 12,000 lbs. or less mileage weight
19category. The Secretary shall adopt any rules necessary to
20implement this subsection (b).
21(Source: P.A. 99-57, eff. 7-16-15; revised 10-19-15.)
 
22    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
23    Sec. 6-106.1. School bus driver permit.
24    (a) The Secretary of State shall issue a school bus driver
25permit to those applicants who have met all the requirements of

 

 

HB5540 Engrossed- 1155 -LRB099 16003 AMC 40320 b

1the application and screening process under this Section to
2insure the welfare and safety of children who are transported
3on school buses throughout the State of Illinois. Applicants
4shall obtain the proper application required by the Secretary
5of State from their prospective or current employer and submit
6the completed application to the prospective or current
7employer along with the necessary fingerprint submission as
8required by the Department of State Police to conduct
9fingerprint based criminal background checks on current and
10future information available in the state system and current
11information available through the Federal Bureau of
12Investigation's system. Applicants who have completed the
13fingerprinting requirements shall not be subjected to the
14fingerprinting process when applying for subsequent permits or
15submitting proof of successful completion of the annual
16refresher course. Individuals who on July 1, 1995 (the
17effective date of Public Act 88-612) this Act possess a valid
18school bus driver permit that has been previously issued by the
19appropriate Regional School Superintendent are not subject to
20the fingerprinting provisions of this Section as long as the
21permit remains valid and does not lapse. The applicant shall be
22required to pay all related application and fingerprinting fees
23as established by rule including, but not limited to, the
24amounts established by the Department of State Police and the
25Federal Bureau of Investigation to process fingerprint based
26criminal background investigations. All fees paid for

 

 

HB5540 Engrossed- 1156 -LRB099 16003 AMC 40320 b

1fingerprint processing services under this Section shall be
2deposited into the State Police Services Fund for the cost
3incurred in processing the fingerprint based criminal
4background investigations. All other fees paid under this
5Section shall be deposited into the Road Fund for the purpose
6of defraying the costs of the Secretary of State in
7administering this Section. All applicants must:
8        1. be 21 years of age or older;
9        2. possess a valid and properly classified driver's
10    license issued by the Secretary of State;
11        3. possess a valid driver's license, which has not been
12    revoked, suspended, or canceled for 3 years immediately
13    prior to the date of application, or have not had his or
14    her commercial motor vehicle driving privileges
15    disqualified within the 3 years immediately prior to the
16    date of application;
17        4. successfully pass a written test, administered by
18    the Secretary of State, on school bus operation, school bus
19    safety, and special traffic laws relating to school buses
20    and submit to a review of the applicant's driving habits by
21    the Secretary of State at the time the written test is
22    given;
23        5. demonstrate ability to exercise reasonable care in
24    the operation of school buses in accordance with rules
25    promulgated by the Secretary of State;
26        6. demonstrate physical fitness to operate school

 

 

HB5540 Engrossed- 1157 -LRB099 16003 AMC 40320 b

1    buses by submitting the results of a medical examination,
2    including tests for drug use for each applicant not subject
3    to such testing pursuant to federal law, conducted by a
4    licensed physician, a licensed advanced practice nurse, or
5    a licensed physician assistant within 90 days of the date
6    of application according to standards promulgated by the
7    Secretary of State;
8        7. affirm under penalties of perjury that he or she has
9    not made a false statement or knowingly concealed a
10    material fact in any application for permit;
11        8. have completed an initial classroom course,
12    including first aid procedures, in school bus driver safety
13    as promulgated by the Secretary of State; and after
14    satisfactory completion of said initial course an annual
15    refresher course; such courses and the agency or
16    organization conducting such courses shall be approved by
17    the Secretary of State; failure to complete the annual
18    refresher course, shall result in cancellation of the
19    permit until such course is completed;
20        9. not have been under an order of court supervision
21    for or convicted of 2 or more serious traffic offenses, as
22    defined by rule, within one year prior to the date of
23    application that may endanger the life or safety of any of
24    the driver's passengers within the duration of the permit
25    period;
26        10. not have been under an order of court supervision

 

 

HB5540 Engrossed- 1158 -LRB099 16003 AMC 40320 b

1    for or convicted of reckless driving, aggravated reckless
2    driving, driving while under the influence of alcohol,
3    other drug or drugs, intoxicating compound or compounds or
4    any combination thereof, or reckless homicide resulting
5    from the operation of a motor vehicle within 3 years of the
6    date of application;
7        11. not have been convicted of committing or attempting
8    to commit any one or more of the following offenses: (i)
9    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
10    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
11    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
12    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
13    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
14    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
15    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
16    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
17    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
18    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
19    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
20    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
21    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
22    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
23    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
25    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
26    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),

 

 

HB5540 Engrossed- 1159 -LRB099 16003 AMC 40320 b

1    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
2    in subsection (a) and subsection (b), clause (1), of
3    Section 12-4, and in subsection (A), clauses (a) and (b),
4    of Section 24-3, and those offenses contained in Article
5    29D of the Criminal Code of 1961 or the Criminal Code of
6    2012; (ii) those offenses defined in the Cannabis Control
7    Act except those offenses defined in subsections (a) and
8    (b) of Section 4, and subsection (a) of Section 5 of the
9    Cannabis Control Act; (iii) those offenses defined in the
10    Illinois Controlled Substances Act; (iv) those offenses
11    defined in the Methamphetamine Control and Community
12    Protection Act; (v) any offense committed or attempted in
13    any other state or against the laws of the United States,
14    which if committed or attempted in this State would be
15    punishable as one or more of the foregoing offenses; (vi)
16    the offenses defined in Section 4.1 and 5.1 of the Wrongs
17    to Children Act or Section 11-9.1A of the Criminal Code of
18    1961 or the Criminal Code of 2012; (vii) those offenses
19    defined in Section 6-16 of the Liquor Control Act of 1934;
20    and (viii) those offenses defined in the Methamphetamine
21    Precursor Control Act;
22        12. not have been repeatedly involved as a driver in
23    motor vehicle collisions or been repeatedly convicted of
24    offenses against laws and ordinances regulating the
25    movement of traffic, to a degree which indicates lack of
26    ability to exercise ordinary and reasonable care in the

 

 

HB5540 Engrossed- 1160 -LRB099 16003 AMC 40320 b

1    safe operation of a motor vehicle or disrespect for the
2    traffic laws and the safety of other persons upon the
3    highway;
4        13. not have, through the unlawful operation of a motor
5    vehicle, caused an accident resulting in the death of any
6    person;
7        14. not have, within the last 5 years, been adjudged to
8    be afflicted with or suffering from any mental disability
9    or disease; and
10        15. consent, in writing, to the release of results of
11    reasonable suspicion drug and alcohol testing under
12    Section 6-106.1c of this Code by the employer of the
13    applicant to the Secretary of State.
14    (b) A school bus driver permit shall be valid for a period
15specified by the Secretary of State as set forth by rule. It
16shall be renewable upon compliance with subsection (a) of this
17Section.
18    (c) A school bus driver permit shall contain the holder's
19driver's license number, legal name, residence address, zip
20code, and date of birth, a brief description of the holder and
21a space for signature. The Secretary of State may require a
22suitable photograph of the holder.
23    (d) The employer shall be responsible for conducting a
24pre-employment interview with prospective school bus driver
25candidates, distributing school bus driver applications and
26medical forms to be completed by the applicant, and submitting

 

 

HB5540 Engrossed- 1161 -LRB099 16003 AMC 40320 b

1the applicant's fingerprint cards to the Department of State
2Police that are required for the criminal background
3investigations. The employer shall certify in writing to the
4Secretary of State that all pre-employment conditions have been
5successfully completed including the successful completion of
6an Illinois specific criminal background investigation through
7the Department of State Police and the submission of necessary
8fingerprints to the Federal Bureau of Investigation for
9criminal history information available through the Federal
10Bureau of Investigation system. The applicant shall present the
11certification to the Secretary of State at the time of
12submitting the school bus driver permit application.
13    (e) Permits shall initially be provisional upon receiving
14certification from the employer that all pre-employment
15conditions have been successfully completed, and upon
16successful completion of all training and examination
17requirements for the classification of the vehicle to be
18operated, the Secretary of State shall provisionally issue a
19School Bus Driver Permit. The permit shall remain in a
20provisional status pending the completion of the Federal Bureau
21of Investigation's criminal background investigation based
22upon fingerprinting specimens submitted to the Federal Bureau
23of Investigation by the Department of State Police. The Federal
24Bureau of Investigation shall report the findings directly to
25the Secretary of State. The Secretary of State shall remove the
26bus driver permit from provisional status upon the applicant's

 

 

HB5540 Engrossed- 1162 -LRB099 16003 AMC 40320 b

1successful completion of the Federal Bureau of Investigation's
2criminal background investigation.
3    (f) A school bus driver permit holder shall notify the
4employer and the Secretary of State if he or she is issued an
5order of court supervision for or convicted in another state of
6an offense that would make him or her ineligible for a permit
7under subsection (a) of this Section. The written notification
8shall be made within 5 days of the entry of the order of court
9supervision or conviction. Failure of the permit holder to
10provide the notification is punishable as a petty offense for a
11first violation and a Class B misdemeanor for a second or
12subsequent violation.
13    (g) Cancellation; suspension; notice and procedure.
14        (1) The Secretary of State shall cancel a school bus
15    driver permit of an applicant whose criminal background
16    investigation discloses that he or she is not in compliance
17    with the provisions of subsection (a) of this Section.
18        (2) The Secretary of State shall cancel a school bus
19    driver permit when he or she receives notice that the
20    permit holder fails to comply with any provision of this
21    Section or any rule promulgated for the administration of
22    this Section.
23        (3) The Secretary of State shall cancel a school bus
24    driver permit if the permit holder's restricted commercial
25    or commercial driving privileges are withdrawn or
26    otherwise invalidated.

 

 

HB5540 Engrossed- 1163 -LRB099 16003 AMC 40320 b

1        (4) The Secretary of State may not issue a school bus
2    driver permit for a period of 3 years to an applicant who
3    fails to obtain a negative result on a drug test as
4    required in item 6 of subsection (a) of this Section or
5    under federal law.
6        (5) The Secretary of State shall forthwith suspend a
7    school bus driver permit for a period of 3 years upon
8    receiving notice that the holder has failed to obtain a
9    negative result on a drug test as required in item 6 of
10    subsection (a) of this Section or under federal law.
11        (6) The Secretary of State shall suspend a school bus
12    driver permit for a period of 3 years upon receiving notice
13    from the employer that the holder failed to perform the
14    inspection procedure set forth in subsection (a) or (b) of
15    Section 12-816 of this Code.
16        (7) The Secretary of State shall suspend a school bus
17    driver permit for a period of 3 years upon receiving notice
18    from the employer that the holder refused to submit to an
19    alcohol or drug test as required by Section 6-106.1c or has
20    submitted to a test required by that Section which
21    disclosed an alcohol concentration of more than 0.00 or
22    disclosed a positive result on a National Institute on Drug
23    Abuse five-drug panel, utilizing federal standards set
24    forth in 49 CFR 40.87.
25    The Secretary of State shall notify the State
26Superintendent of Education and the permit holder's

 

 

HB5540 Engrossed- 1164 -LRB099 16003 AMC 40320 b

1prospective or current employer that the applicant has (1) has
2failed a criminal background investigation or (2) is no longer
3eligible for a school bus driver permit; and of the related
4cancellation of the applicant's provisional school bus driver
5permit. The cancellation shall remain in effect pending the
6outcome of a hearing pursuant to Section 2-118 of this Code.
7The scope of the hearing shall be limited to the issuance
8criteria contained in subsection (a) of this Section. A
9petition requesting a hearing shall be submitted to the
10Secretary of State and shall contain the reason the individual
11feels he or she is entitled to a school bus driver permit. The
12permit holder's employer shall notify in writing to the
13Secretary of State that the employer has certified the removal
14of the offending school bus driver from service prior to the
15start of that school bus driver's next workshift. An employing
16school board that fails to remove the offending school bus
17driver from service is subject to the penalties defined in
18Section 3-14.23 of the School Code. A school bus contractor who
19violates a provision of this Section is subject to the
20penalties defined in Section 6-106.11.
21    All valid school bus driver permits issued under this
22Section prior to January 1, 1995, shall remain effective until
23their expiration date unless otherwise invalidated.
24    (h) When a school bus driver permit holder who is a service
25member is called to active duty, the employer of the permit
26holder shall notify the Secretary of State, within 30 days of

 

 

HB5540 Engrossed- 1165 -LRB099 16003 AMC 40320 b

1notification from the permit holder, that the permit holder has
2been called to active duty. Upon notification pursuant to this
3subsection, (i) the Secretary of State shall characterize the
4permit as inactive until a permit holder renews the permit as
5provided in subsection (i) of this Section, and (ii) if a
6permit holder fails to comply with the requirements of this
7Section while called to active duty, the Secretary of State
8shall not characterize the permit as invalid.
9    (i) A school bus driver permit holder who is a service
10member returning from active duty must, within 90 days, renew a
11permit characterized as inactive pursuant to subsection (h) of
12this Section by complying with the renewal requirements of
13subsection (b) of this Section.
14    (j) For purposes of subsections (h) and (i) of this
15Section:
16    "Active duty" means active duty pursuant to an executive
17order of the President of the United States, an act of the
18Congress of the United States, or an order of the Governor.
19    "Service member" means a member of the Armed Services or
20reserve forces of the United States or a member of the Illinois
21National Guard.
22    (k) A private carrier employer of a school bus driver
23permit holder, having satisfied the employer requirements of
24this Section, shall be held to a standard of ordinary care for
25intentional acts committed in the course of employment by the
26bus driver permit holder. This subsection (k) shall in no way

 

 

HB5540 Engrossed- 1166 -LRB099 16003 AMC 40320 b

1limit the liability of the private carrier employer for
2violation of any provision of this Section or for the negligent
3hiring or retention of a school bus driver permit holder.
4(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
5revised 11-2-15.)
 
6    (625 ILCS 5/6-115)  (from Ch. 95 1/2, par. 6-115)
7    Sec. 6-115. Expiration of driver's license.
8    (a) Except as provided elsewhere in this Section, every
9driver's license issued under the provisions of this Code shall
10expire 4 years from the date of its issuance, or at such later
11date, as the Secretary of State may by proper rule and
12regulation designate, not to exceed 12 calendar months; in the
13event that an applicant for renewal of a driver's license fails
14to apply prior to the expiration date of the previous driver's
15license, the renewal driver's license shall expire 4 years from
16the expiration date of the previous driver's license, or at
17such later date as the Secretary of State may by proper rule
18and regulation designate, not to exceed 12 calendar months.
19    The Secretary of State may, however, issue to a person not
20previously licensed as a driver in Illinois a driver's license
21which will expire not less than 4 years nor more than 5 years
22from date of issuance, except as provided elsewhere in this
23Section.
24    (a-5) Beginning July 1, 2016, every driver's license issued
25under this Code to an applicant who is not a United States

 

 

HB5540 Engrossed- 1167 -LRB099 16003 AMC 40320 b

1citizen shall expire on whichever is the earlier date of the
2following:
3        (1) as provided under subsection (a), (f), (g), or (i)
4    of this Section; or
5        (2) on the date the applicant's authorized stay in the
6    United States terminates.
7    (b) Before the expiration of a driver's license, except
8those licenses expiring on the individual's 21st birthday, or 3
9months after the individual's 21st birthday, the holder thereof
10may apply for a renewal thereof, subject to all the provisions
11of Section 6-103, and the Secretary of State may require an
12examination of the applicant. A licensee whose driver's license
13expires on his 21st birthday, or 3 months after his 21st
14birthday, may not apply for a renewal of his driving privileges
15until he reaches the age of 21.
16    (c) The Secretary of State shall, 30 days prior to the
17expiration of a driver's license, forward to each person whose
18license is to expire a notification of the expiration of said
19license which may be presented at the time of renewal of said
20license.
21    There may be included with such notification information
22explaining the anatomical gift and Emergency Medical
23Information Card provisions of Section 6-110. The format and
24text of such information shall be prescribed by the Secretary.
25    There shall be included with such notification, for a
26period of 4 years beginning January 1, 2000 information

 

 

HB5540 Engrossed- 1168 -LRB099 16003 AMC 40320 b

1regarding the Illinois Adoption Registry and Medical
2Information Exchange established in Section 18.1 of the
3Adoption Act.
4    (d) The Secretary may defer the expiration of the driver's
5license of a licensee, spouse, and dependent children who are
6living with such licensee while on active duty, serving in the
7Armed Forces of the United States outside of the State of
8Illinois, and 120 days thereafter, upon such terms and
9conditions as the Secretary may prescribe.
10    (d-5) The Secretary may defer the expiration of the
11driver's license of a licensee, or of a spouse or dependent
12children living with the licensee, serving as a civilian
13employee of the United States Armed Forces or the United States
14Department of Defense, outside of the State of Illinois, and
15120 days thereafter, upon such terms and conditions as the
16Secretary may prescribe.
17    (e) The Secretary of State may decline to process a renewal
18of a driver's license of any person who has not paid any fee or
19tax due under this Code and is not paid upon reasonable notice
20and demand.
21    (f) The Secretary shall provide that each original or
22renewal driver's license issued to a licensee under 21 years of
23age shall expire 3 months after the licensee's 21st birthday.
24Persons whose current driver's licenses expire on their 21st
25birthday on or after January 1, 1986 shall not renew their
26driver's license before their 21st birthday, and their current

 

 

HB5540 Engrossed- 1169 -LRB099 16003 AMC 40320 b

1driver's license will be extended for an additional term of 3
2months beyond their 21st birthday. Thereafter, the expiration
3and term of the driver's license shall be governed by
4subsection (a) hereof.
5    (g) The Secretary shall provide that each original or
6renewal driver's license issued to a licensee 81 years of age
7through age 86 shall expire 2 years from the date of issuance,
8or at such later date as the Secretary may by rule and
9regulation designate, not to exceed an additional 12 calendar
10months. The Secretary shall also provide that each original or
11renewal driver's license issued to a licensee 87 years of age
12or older shall expire 12 months from the date of issuance, or
13at such later date as the Secretary may by rule and regulation
14designate, not to exceed an additional 12 calendar months.
15    (h) The Secretary of State shall provide that each special
16restricted driver's license issued under subsection (g) of
17Section 6-113 of this Code shall expire 12 months from the date
18of issuance. The Secretary shall adopt rules defining renewal
19requirements.
20    (i) The Secretary of State shall provide that each driver's
21license issued to a person convicted of a sex offense as
22defined in Section 2 of the Sex Offender Registration Act shall
23expire 12 months from the date of issuance or at such date as
24the Secretary may by rule designate, not to exceed an
25additional 12 calendar months. The Secretary may adopt rules
26defining renewal requirements.

 

 

HB5540 Engrossed- 1170 -LRB099 16003 AMC 40320 b

1(Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; revised
211-3-15.)
 
3    (625 ILCS 5/6-118)
4    Sec. 6-118. Fees.
5    (a) The fee for licenses and permits under this Article is
6as follows:
7    Original driver's license.............................$30
8    Original or renewal driver's license
9        issued to 18, 19 and 20 year olds.................. 5
10    All driver's licenses for persons
11        age 69 through age 80.............................. 5
12    All driver's licenses for persons
13        age 81 through age 86.............................. 2
14    All driver's licenses for persons
15        age 87 or older.....................................0
16    Renewal driver's license (except for
17        applicants ages 18, 19 and 20 or
18        age 69 and older)..................................30
19    Original instruction permit issued to
20        persons (except those age 69 and older)
21        who do not hold or have not previously
22        held an Illinois instruction permit or
23        driver's license.................................. 20
24    Instruction permit issued to any person
25        holding an Illinois driver's license

 

 

HB5540 Engrossed- 1171 -LRB099 16003 AMC 40320 b

1        who wishes a change in classifications,
2        other than at the time of renewal.................. 5
3    Any instruction permit issued to a person
4        age 69 and older................................... 5
5    Instruction permit issued to any person,
6        under age 69, not currently holding a
7        valid Illinois driver's license or
8        instruction permit but who has
9        previously been issued either document
10        in Illinois....................................... 10
11    Restricted driving permit.............................. 8
12    Monitoring device driving permit...................... 8
13    Duplicate or corrected driver's license
14        or permit.......................................... 5
15    Duplicate or corrected restricted
16        driving permit..................................... 5
17    Duplicate or corrected monitoring
18    device driving permit.................................. 5
19    Duplicate driver's license or permit issued to
20        an active-duty member of the
21        United States Armed Forces,
22        the member's spouse, or
23        the dependent children living
24        with the member................................... 0
25    Original or renewal M or L endorsement................. 5
26SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE

 

 

HB5540 Engrossed- 1172 -LRB099 16003 AMC 40320 b

1        The fees for commercial driver licenses and permits
2    under Article V shall be as follows:
3    Commercial driver's license:
4        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
5        (Commercial Driver's License Information
6        System/American Association of Motor Vehicle
7        Administrators network/National Motor Vehicle
8        Title Information Service Trust Fund);
9        $20 for the Motor Carrier Safety Inspection Fund;
10        $10 for the driver's license;
11        and $24 for the CDL:............................. $60
12    Renewal commercial driver's license:
13        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
14        $20 for the Motor Carrier Safety Inspection Fund;
15        $10 for the driver's license; and
16        $24 for the CDL:................................. $60
17    Commercial learner's permit
18        issued to any person holding a valid
19        Illinois driver's license for the
20        purpose of changing to a
21        CDL classification: $6 for the
22        CDLIS/AAMVAnet/NMVTIS Trust Fund;
23        $20 for the Motor Carrier
24        Safety Inspection Fund; and
25        $24 for the CDL classification................... $50
26    Commercial learner's permit

 

 

HB5540 Engrossed- 1173 -LRB099 16003 AMC 40320 b

1        issued to any person holding a valid
2        Illinois CDL for the purpose of
3        making a change in a classification,
4        endorsement or restriction........................ $5
5    CDL duplicate or corrected license.................... $5
6    In order to ensure the proper implementation of the Uniform
7Commercial Driver License Act, Article V of this Chapter, the
8Secretary of State is empowered to pro-rate the $24 fee for the
9commercial driver's license proportionate to the expiration
10date of the applicant's Illinois driver's license.
11    The fee for any duplicate license or permit shall be waived
12for any person who presents the Secretary of State's office
13with a police report showing that his license or permit was
14stolen.
15    The fee for any duplicate license or permit shall be waived
16for any person age 60 or older whose driver's license or permit
17has been lost or stolen.
18    No additional fee shall be charged for a driver's license,
19or for a commercial driver's license, when issued to the holder
20of an instruction permit for the same classification or type of
21license who becomes eligible for such license.
22    (b) Any person whose license or privilege to operate a
23motor vehicle in this State has been suspended or revoked under
24Section 3-707, any provision of Chapter 6, Chapter 11, or
25Section 7-205, 7-303, or 7-702 of the Family Financial
26Responsibility Law of this Code, shall in addition to any other

 

 

HB5540 Engrossed- 1174 -LRB099 16003 AMC 40320 b

1fees required by this Code, pay a reinstatement fee as follows:
2    Suspension under Section 3-707..................... $100
3    Suspension under Section 11-1431....................$100
4    Summary suspension under Section 11-501.1...........$250
5    Suspension under Section 11-501.9...................$250
6    Summary revocation under Section 11-501.1............$500
7    Other suspension......................................$70
8    Revocation...........................................$500
9    However, any person whose license or privilege to operate a
10motor vehicle in this State has been suspended or revoked for a
11second or subsequent time for a violation of Section 11-501,
1211-501.1, or 11-501.9 of this Code or a similar provision of a
13local ordinance or a similar out-of-state offense or Section
149-3 of the Criminal Code of 1961 or the Criminal Code of 2012
15and each suspension or revocation was for a violation of
16Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
17provision of a local ordinance or a similar out-of-state
18offense or Section 9-3 of the Criminal Code of 1961 or the
19Criminal Code of 2012 shall pay, in addition to any other fees
20required by this Code, a reinstatement fee as follows:
21    Summary suspension under Section 11-501.1............$500
22    Suspension under Section 11-501.9...................$500
23    Summary revocation under Section 11-501.1............$500
24    Revocation...........................................$500
25    (c) All fees collected under the provisions of this Chapter
266 shall be disbursed under subsection (g) of Section 2-119 of

 

 

HB5540 Engrossed- 1175 -LRB099 16003 AMC 40320 b

1this Code, except as follows:
2        1. The following amounts shall be paid into the Driver
3    Education Fund:
4            (A) $16 of the $20 fee for an original driver's
5        instruction permit;
6            (B) $5 of the $30 fee for an original driver's
7        license;
8            (C) $5 of the $30 fee for a 4 year renewal driver's
9        license;
10            (D) $4 of the $8 fee for a restricted driving
11        permit; and
12            (E) $4 of the $8 fee for a monitoring device
13        driving permit.
14        2. $30 of the $250 fee for reinstatement of a license
15    summarily suspended under Section 11-501.1 or suspended
16    under Section 11-501.9 shall be deposited into the Drunk
17    and Drugged Driving Prevention Fund. However, for a person
18    whose license or privilege to operate a motor vehicle in
19    this State has been suspended or revoked for a second or
20    subsequent time for a violation of Section 11-501,
21    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
22    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
23    the $500 fee for reinstatement of a license summarily
24    suspended under Section 11-501.1 or suspended under
25    Section 11-501.9, and $190 of the $500 fee for
26    reinstatement of a revoked license shall be deposited into

 

 

HB5540 Engrossed- 1176 -LRB099 16003 AMC 40320 b

1    the Drunk and Drugged Driving Prevention Fund. $190 of the
2    $500 fee for reinstatement of a license summarily revoked
3    pursuant to Section 11-501.1 shall be deposited into the
4    Drunk and Drugged Driving Prevention Fund.
5        3. $6 of the original or renewal fee for a commercial
6    driver's license and $6 of the commercial learner's permit
7    fee when the permit is issued to any person holding a valid
8    Illinois driver's license, shall be paid into the
9    CDLIS/AAMVAnet/NMVTIS Trust Fund.
10        4. $30 of the $70 fee for reinstatement of a license
11    suspended under the Family Financial Responsibility Law
12    shall be paid into the Family Responsibility Fund.
13        5. The $5 fee for each original or renewal M or L
14    endorsement shall be deposited into the Cycle Rider Safety
15    Training Fund.
16        6. $20 of any original or renewal fee for a commercial
17    driver's license or commercial learner's permit shall be
18    paid into the Motor Carrier Safety Inspection Fund.
19        7. The following amounts shall be paid into the General
20    Revenue Fund:
21            (A) $190 of the $250 reinstatement fee for a
22        summary suspension under Section 11-501.1 or a
23        suspension under Section 11-501.9;
24            (B) $40 of the $70 reinstatement fee for any other
25        suspension provided in subsection (b) of this Section;
26        and

 

 

HB5540 Engrossed- 1177 -LRB099 16003 AMC 40320 b

1            (C) $440 of the $500 reinstatement fee for a first
2        offense revocation and $310 of the $500 reinstatement
3        fee for a second or subsequent revocation.
4        8. Fees collected under paragraph (4) of subsection (d)
5    and subsection (h) of Section 6-205 of this Code;
6    subparagraph (C) of paragraph 3 of subsection (c) of
7    Section 6-206 of this Code; and paragraph (4) of subsection
8    (a) of Section 6-206.1 of this Code, shall be paid into the
9    funds set forth in those Sections.
10    (d) All of the proceeds of the additional fees imposed by
11this amendatory Act of the 96th General Assembly shall be
12deposited into the Capital Projects Fund.
13    (e) The additional fees imposed by this amendatory Act of
14the 96th General Assembly shall become effective 90 days after
15becoming law.
16    (f) As used in this Section, "active-duty member of the
17United States Armed Forces" means a member of the Armed
18Services or Reserve Forces of the United States or a member of
19the Illinois National Guard who is called to active duty
20pursuant to an executive order of the President of the United
21States, an act of the Congress of the United States, or an
22order of the Governor.
23(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
2410 of P.A. 99-414 for the effective date of changes made by
25P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
2698-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.

 

 

HB5540 Engrossed- 1178 -LRB099 16003 AMC 40320 b

11-1-16; revised 10-19-15.)
 
2    (625 ILCS 5/6-205)
3    Sec. 6-205. Mandatory revocation of license or permit;
4Hardship cases.
5    (a) Except as provided in this Section, the Secretary of
6State shall immediately revoke the license, permit, or driving
7privileges of any driver upon receiving a report of the
8driver's conviction of any of the following offenses:
9        1. Reckless homicide resulting from the operation of a
10    motor vehicle;
11        2. Violation of Section 11-501 of this Code or a
12    similar provision of a local ordinance relating to the
13    offense of operating or being in physical control of a
14    vehicle while under the influence of alcohol, other drug or
15    drugs, intoxicating compound or compounds, or any
16    combination thereof;
17        3. Any felony under the laws of any State or the
18    federal government in the commission of which a motor
19    vehicle was used;
20        4. Violation of Section 11-401 of this Code relating to
21    the offense of leaving the scene of a traffic accident
22    involving death or personal injury;
23        5. Perjury or the making of a false affidavit or
24    statement under oath to the Secretary of State under this
25    Code or under any other law relating to the ownership or

 

 

HB5540 Engrossed- 1179 -LRB099 16003 AMC 40320 b

1    operation of motor vehicles;
2        6. Conviction upon 3 charges of violation of Section
3    11-503 of this Code relating to the offense of reckless
4    driving committed within a period of 12 months;
5        7. Conviction of any offense defined in Section 4-102
6    of this Code;
7        8. Violation of Section 11-504 of this Code relating to
8    the offense of drag racing;
9        9. Violation of Chapters 8 and 9 of this Code;
10        10. Violation of Section 12-5 of the Criminal Code of
11    1961 or the Criminal Code of 2012 arising from the use of a
12    motor vehicle;
13        11. Violation of Section 11-204.1 of this Code relating
14    to aggravated fleeing or attempting to elude a peace
15    officer;
16        12. Violation of paragraph (1) of subsection (b) of
17    Section 6-507, or a similar law of any other state,
18    relating to the unlawful operation of a commercial motor
19    vehicle;
20        13. Violation of paragraph (a) of Section 11-502 of
21    this Code or a similar provision of a local ordinance if
22    the driver has been previously convicted of a violation of
23    that Section or a similar provision of a local ordinance
24    and the driver was less than 21 years of age at the time of
25    the offense;
26        14. Violation of paragraph (a) of Section 11-506 of

 

 

HB5540 Engrossed- 1180 -LRB099 16003 AMC 40320 b

1    this Code or a similar provision of a local ordinance
2    relating to the offense of street racing;
3        15. A second or subsequent conviction of driving while
4    the person's driver's license, permit or privileges was
5    revoked for reckless homicide or a similar out-of-state
6    offense;
7        16. Any offense against any provision in this Code, or
8    any local ordinance, regulating the movement of traffic
9    when that offense was the proximate cause of the death of
10    any person. Any person whose driving privileges have been
11    revoked pursuant to this paragraph may seek to have the
12    revocation terminated or to have the length of revocation
13    reduced by requesting an administrative hearing with the
14    Secretary of State prior to the projected driver's license
15    application eligibility date;
16        17. Violation of subsection (a-2) of Section 11-1301.3
17    of this Code or a similar provision of a local ordinance;
18        18. A second or subsequent conviction of illegal
19    possession, while operating or in actual physical control,
20    as a driver, of a motor vehicle, of any controlled
21    substance prohibited under the Illinois Controlled
22    Substances Act, any cannabis prohibited under the Cannabis
23    Control Act, or any methamphetamine prohibited under the
24    Methamphetamine Control and Community Protection Act. A
25    defendant found guilty of this offense while operating a
26    motor vehicle shall have an entry made in the court record

 

 

HB5540 Engrossed- 1181 -LRB099 16003 AMC 40320 b

1    by the presiding judge that this offense did occur while
2    the defendant was operating a motor vehicle and order the
3    clerk of the court to report the violation to the Secretary
4    of State.
5    (b) The Secretary of State shall also immediately revoke
6the license or permit of any driver in the following
7situations:
8        1. Of any minor upon receiving the notice provided for
9    in Section 5-901 of the Juvenile Court Act of 1987 that the
10    minor has been adjudicated under that Act as having
11    committed an offense relating to motor vehicles prescribed
12    in Section 4-103 of this Code;
13        2. Of any person when any other law of this State
14    requires either the revocation or suspension of a license
15    or permit;
16        3. Of any person adjudicated under the Juvenile Court
17    Act of 1987 based on an offense determined to have been
18    committed in furtherance of the criminal activities of an
19    organized gang as provided in Section 5-710 of that Act,
20    and that involved the operation or use of a motor vehicle
21    or the use of a driver's license or permit. The revocation
22    shall remain in effect for the period determined by the
23    court.
24    (c)(1) Whenever a person is convicted of any of the
25offenses enumerated in this Section, the court may recommend
26and the Secretary of State in his discretion, without regard to

 

 

HB5540 Engrossed- 1182 -LRB099 16003 AMC 40320 b

1whether the recommendation is made by the court may, upon
2application, issue to the person a restricted driving permit
3granting the privilege of driving a motor vehicle between the
4petitioner's residence and petitioner's place of employment or
5within the scope of the petitioner's employment related duties,
6or to allow the petitioner to transport himself or herself or a
7family member of the petitioner's household to a medical
8facility for the receipt of necessary medical care or to allow
9the petitioner to transport himself or herself to and from
10alcohol or drug remedial or rehabilitative activity
11recommended by a licensed service provider, or to allow the
12petitioner to transport himself or herself or a family member
13of the petitioner's household to classes, as a student, at an
14accredited educational institution, or to allow the petitioner
15to transport children, elderly persons, or persons with
16disabilities who do not hold driving privileges and are living
17in the petitioner's household to and from daycare; if the
18petitioner is able to demonstrate that no alternative means of
19transportation is reasonably available and that the petitioner
20will not endanger the public safety or welfare; provided that
21the Secretary's discretion shall be limited to cases where
22undue hardship, as defined by the rules of the Secretary of
23State, would result from a failure to issue the restricted
24driving permit.
25        (1.5) A person subject to the provisions of paragraph 4
26    of subsection (b) of Section 6-208 of this Code may make

 

 

HB5540 Engrossed- 1183 -LRB099 16003 AMC 40320 b

1    application for a restricted driving permit at a hearing
2    conducted under Section 2-118 of this Code after the
3    expiration of 5 years from the effective date of the most
4    recent revocation, or after 5 years from the date of
5    release from a period of imprisonment resulting from a
6    conviction of the most recent offense, whichever is later,
7    provided the person, in addition to all other requirements
8    of the Secretary, shows by clear and convincing evidence:
9            (A) a minimum of 3 years of uninterrupted
10        abstinence from alcohol and the unlawful use or
11        consumption of cannabis under the Cannabis Control
12        Act, a controlled substance under the Illinois
13        Controlled Substances Act, an intoxicating compound
14        under the Use of Intoxicating Compounds Act, or
15        methamphetamine under the Methamphetamine Control and
16        Community Protection Act; and
17            (B) the successful completion of any
18        rehabilitative treatment and involvement in any
19        ongoing rehabilitative activity that may be
20        recommended by a properly licensed service provider
21        according to an assessment of the person's alcohol or
22        drug use under Section 11-501.01 of this Code.
23        In determining whether an applicant is eligible for a
24    restricted driving permit under this paragraph (1.5), the
25    Secretary may consider any relevant evidence, including,
26    but not limited to, testimony, affidavits, records, and the

 

 

HB5540 Engrossed- 1184 -LRB099 16003 AMC 40320 b

1    results of regular alcohol or drug tests. Persons subject
2    to the provisions of paragraph 4 of subsection (b) of
3    Section 6-208 of this Code and who have been convicted of
4    more than one violation of paragraph (3), paragraph (4), or
5    paragraph (5) of subsection (a) of Section 11-501 of this
6    Code shall not be eligible to apply for a restricted
7    driving permit.
8        A restricted driving permit issued under this
9    paragraph (1.5) shall provide that the holder may only
10    operate motor vehicles equipped with an ignition interlock
11    device as required under paragraph (2) of subsection (c) of
12    this Section and subparagraph (A) of paragraph 3 of
13    subsection (c) of Section 6-206 of this Code. The Secretary
14    may revoke a restricted driving permit or amend the
15    conditions of a restricted driving permit issued under this
16    paragraph (1.5) if the holder operates a vehicle that is
17    not equipped with an ignition interlock device, or for any
18    other reason authorized under this Code.
19        A restricted driving permit issued under this
20    paragraph (1.5) shall be revoked, and the holder barred
21    from applying for or being issued a restricted driving
22    permit in the future, if the holder is subsequently
23    convicted of a violation of Section 11-501 of this Code, a
24    similar provision of a local ordinance, or a similar
25    offense in another state.
26        (2) If a person's license or permit is revoked or

 

 

HB5540 Engrossed- 1185 -LRB099 16003 AMC 40320 b

1    suspended due to 2 or more convictions of violating Section
2    11-501 of this Code or a similar provision of a local
3    ordinance or a similar out-of-state offense, or Section 9-3
4    of the Criminal Code of 1961 or the Criminal Code of 2012,
5    where the use of alcohol or other drugs is recited as an
6    element of the offense, or a similar out-of-state offense,
7    or a combination of these offenses, arising out of separate
8    occurrences, that person, if issued a restricted driving
9    permit, may not operate a vehicle unless it has been
10    equipped with an ignition interlock device as defined in
11    Section 1-129.1.
12        (3) If:
13            (A) a person's license or permit is revoked or
14        suspended 2 or more times due to any combination of:
15                (i) a single conviction of violating Section
16            11-501 of this Code or a similar provision of a
17            local ordinance or a similar out-of-state offense,
18            or Section 9-3 of the Criminal Code of 1961 or the
19            Criminal Code of 2012, where the use of alcohol or
20            other drugs is recited as an element of the
21            offense, or a similar out-of-state offense; or
22                (ii) a statutory summary suspension or
23            revocation under Section 11-501.1; or
24                (iii) a suspension pursuant to Section
25            6-203.1;
26        arising out of separate occurrences; or

 

 

HB5540 Engrossed- 1186 -LRB099 16003 AMC 40320 b

1            (B) a person has been convicted of one violation of
2        subparagraph (C) or (F) of paragraph (1) of subsection
3        (d) of Section 11-501 of this Code, Section 9-3 of the
4        Criminal Code of 1961 or the Criminal Code of 2012,
5        relating to the offense of reckless homicide where the
6        use of alcohol or other drugs was recited as an element
7        of the offense, or a similar provision of a law of
8        another state;
9    that person, if issued a restricted driving permit, may not
10    operate a vehicle unless it has been equipped with an
11    ignition interlock device as defined in Section 1-129.1.
12        (4) The person issued a permit conditioned on the use
13    of an ignition interlock device must pay to the Secretary
14    of State DUI Administration Fund an amount not to exceed
15    $30 per month. The Secretary shall establish by rule the
16    amount and the procedures, terms, and conditions relating
17    to these fees.
18        (5) If the restricted driving permit is issued for
19    employment purposes, then the prohibition against
20    operating a motor vehicle that is not equipped with an
21    ignition interlock device does not apply to the operation
22    of an occupational vehicle owned or leased by that person's
23    employer when used solely for employment purposes. For any
24    person who, within a 5-year period, is convicted of a
25    second or subsequent offense under Section 11-501 of this
26    Code, or a similar provision of a local ordinance or

 

 

HB5540 Engrossed- 1187 -LRB099 16003 AMC 40320 b

1    similar out-of-state offense, this employment exemption
2    does not apply until either a one-year one year period has
3    elapsed during which that person had his or her driving
4    privileges revoked or a one-year one year period has
5    elapsed during which that person had a restricted driving
6    permit which required the use of an ignition interlock
7    device on every motor vehicle owned or operated by that
8    person.
9        (6) In each case the Secretary of State may issue a
10    restricted driving permit for a period he deems
11    appropriate, except that the permit shall expire within one
12    year from the date of issuance. A restricted driving permit
13    issued under this Section shall be subject to cancellation,
14    revocation, and suspension by the Secretary of State in
15    like manner and for like cause as a driver's license issued
16    under this Code may be cancelled, revoked, or suspended;
17    except that a conviction upon one or more offenses against
18    laws or ordinances regulating the movement of traffic shall
19    be deemed sufficient cause for the revocation, suspension,
20    or cancellation of a restricted driving permit. The
21    Secretary of State may, as a condition to the issuance of a
22    restricted driving permit, require the petitioner to
23    participate in a designated driver remedial or
24    rehabilitative program. The Secretary of State is
25    authorized to cancel a restricted driving permit if the
26    permit holder does not successfully complete the program.

 

 

HB5540 Engrossed- 1188 -LRB099 16003 AMC 40320 b

1    However, if an individual's driving privileges have been
2    revoked in accordance with paragraph 13 of subsection (a)
3    of this Section, no restricted driving permit shall be
4    issued until the individual has served 6 months of the
5    revocation period.
6    (c-5) (Blank).
7    (c-6) If a person is convicted of a second violation of
8operating a motor vehicle while the person's driver's license,
9permit or privilege was revoked, where the revocation was for a
10violation of Section 9-3 of the Criminal Code of 1961 or the
11Criminal Code of 2012 relating to the offense of reckless
12homicide or a similar out-of-state offense, the person's
13driving privileges shall be revoked pursuant to subdivision
14(a)(15) of this Section. The person may not make application
15for a license or permit until the expiration of five years from
16the effective date of the revocation or the expiration of five
17years from the date of release from a term of imprisonment,
18whichever is later.
19    (c-7) If a person is convicted of a third or subsequent
20violation of operating a motor vehicle while the person's
21driver's license, permit or privilege was revoked, where the
22revocation was for a violation of Section 9-3 of the Criminal
23Code of 1961 or the Criminal Code of 2012 relating to the
24offense of reckless homicide or a similar out-of-state offense,
25the person may never apply for a license or permit.
26    (d)(1) Whenever a person under the age of 21 is convicted

 

 

HB5540 Engrossed- 1189 -LRB099 16003 AMC 40320 b

1under Section 11-501 of this Code or a similar provision of a
2local ordinance or a similar out-of-state offense, the
3Secretary of State shall revoke the driving privileges of that
4person. One year after the date of revocation, and upon
5application, the Secretary of State may, if satisfied that the
6person applying will not endanger the public safety or welfare,
7issue a restricted driving permit granting the privilege of
8driving a motor vehicle only between the hours of 5 a.m. and 9
9p.m. or as otherwise provided by this Section for a period of
10one year. After this one-year one year period, and upon
11reapplication for a license as provided in Section 6-106, upon
12payment of the appropriate reinstatement fee provided under
13paragraph (b) of Section 6-118, the Secretary of State, in his
14discretion, may reinstate the petitioner's driver's license
15and driving privileges, or extend the restricted driving permit
16as many times as the Secretary of State deems appropriate, by
17additional periods of not more than 12 months each.
18        (2) If a person's license or permit is revoked or
19    suspended due to 2 or more convictions of violating Section
20    11-501 of this Code or a similar provision of a local
21    ordinance or a similar out-of-state offense, or Section 9-3
22    of the Criminal Code of 1961 or the Criminal Code of 2012,
23    where the use of alcohol or other drugs is recited as an
24    element of the offense, or a similar out-of-state offense,
25    or a combination of these offenses, arising out of separate
26    occurrences, that person, if issued a restricted driving

 

 

HB5540 Engrossed- 1190 -LRB099 16003 AMC 40320 b

1    permit, may not operate a vehicle unless it has been
2    equipped with an ignition interlock device as defined in
3    Section 1-129.1.
4        (3) If a person's license or permit is revoked or
5    suspended 2 or more times due to any combination of:
6            (A) a single conviction of violating Section
7        11-501 of this Code or a similar provision of a local
8        ordinance or a similar out-of-state offense, or
9        Section 9-3 of the Criminal Code of 1961 or the
10        Criminal Code of 2012, where the use of alcohol or
11        other drugs is recited as an element of the offense, or
12        a similar out-of-state offense; or
13            (B) a statutory summary suspension or revocation
14        under Section 11-501.1; or
15            (C) a suspension pursuant to Section 6-203.1;
16    arising out of separate occurrences, that person, if issued
17    a restricted driving permit, may not operate a vehicle
18    unless it has been equipped with an ignition interlock
19    device as defined in Section 1-129.1.
20        (3.5) If a person's license or permit is revoked or
21    suspended due to a conviction for a violation of
22    subparagraph (C) or (F) of paragraph (1) of subsection (d)
23    of Section 11-501 of this Code, or a similar provision of a
24    local ordinance or similar out-of-state offense, that
25    person, if issued a restricted driving permit, may not
26    operate a vehicle unless it has been equipped with an

 

 

HB5540 Engrossed- 1191 -LRB099 16003 AMC 40320 b

1    ignition interlock device as defined in Section 1-129.1.
2        (4) The person issued a permit conditioned upon the use
3    of an interlock device must pay to the Secretary of State
4    DUI Administration Fund an amount not to exceed $30 per
5    month. The Secretary shall establish by rule the amount and
6    the procedures, terms, and conditions relating to these
7    fees.
8        (5) If the restricted driving permit is issued for
9    employment purposes, then the prohibition against driving
10    a vehicle that is not equipped with an ignition interlock
11    device does not apply to the operation of an occupational
12    vehicle owned or leased by that person's employer when used
13    solely for employment purposes. For any person who, within
14    a 5-year period, is convicted of a second or subsequent
15    offense under Section 11-501 of this Code, or a similar
16    provision of a local ordinance or similar out-of-state
17    offense, this employment exemption does not apply until
18    either a one-year one year period has elapsed during which
19    that person had his or her driving privileges revoked or a
20    one-year one year period has elapsed during which that
21    person had a restricted driving permit which required the
22    use of an ignition interlock device on every motor vehicle
23    owned or operated by that person.
24        (6) A restricted driving permit issued under this
25    Section shall be subject to cancellation, revocation, and
26    suspension by the Secretary of State in like manner and for

 

 

HB5540 Engrossed- 1192 -LRB099 16003 AMC 40320 b

1    like cause as a driver's license issued under this Code may
2    be cancelled, revoked, or suspended; except that a
3    conviction upon one or more offenses against laws or
4    ordinances regulating the movement of traffic shall be
5    deemed sufficient cause for the revocation, suspension, or
6    cancellation of a restricted driving permit.
7    (d-5) The revocation of the license, permit, or driving
8privileges of a person convicted of a third or subsequent
9violation of Section 6-303 of this Code committed while his or
10her driver's license, permit, or privilege was revoked because
11of a violation of Section 9-3 of the Criminal Code of 1961 or
12the Criminal Code of 2012, relating to the offense of reckless
13homicide, or a similar provision of a law of another state, is
14permanent. The Secretary may not, at any time, issue a license
15or permit to that person.
16    (e) This Section is subject to the provisions of the Driver
17License Compact.
18    (f) Any revocation imposed upon any person under
19subsections 2 and 3 of paragraph (b) that is in effect on
20December 31, 1988 shall be converted to a suspension for a like
21period of time.
22    (g) The Secretary of State shall not issue a restricted
23driving permit to a person under the age of 16 years whose
24driving privileges have been revoked under any provisions of
25this Code.
26    (h) The Secretary of State shall require the use of

 

 

HB5540 Engrossed- 1193 -LRB099 16003 AMC 40320 b

1ignition interlock devices for a period not less than 5 years
2on all vehicles owned by a person who has been convicted of a
3second or subsequent offense under Section 11-501 of this Code
4or a similar provision of a local ordinance. The person must
5pay to the Secretary of State DUI Administration Fund an amount
6not to exceed $30 for each month that he or she uses the
7device. The Secretary shall establish by rule and regulation
8the procedures for certification and use of the interlock
9system, the amount of the fee, and the procedures, terms, and
10conditions relating to these fees. During the time period in
11which a person is required to install an ignition interlock
12device under this subsection (h), that person shall only
13operate vehicles in which ignition interlock devices have been
14installed, except as allowed by subdivision (c)(5) or (d)(5) of
15this Section.
16    (i) (Blank).
17    (j) In accordance with 49 C.F.R. 384, the Secretary of
18State may not issue a restricted driving permit for the
19operation of a commercial motor vehicle to a person holding a
20CDL whose driving privileges have been revoked, suspended,
21cancelled, or disqualified under any provisions of this Code.
22    (k) The Secretary of State shall notify by mail any person
23whose driving privileges have been revoked under paragraph 16
24of subsection (a) of this Section that his or her driving
25privileges and driver's license will be revoked 90 days from
26the date of the mailing of the notice.

 

 

HB5540 Engrossed- 1194 -LRB099 16003 AMC 40320 b

1(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
299-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
399-467, eff. 1-1-16; 99-483, eff. 1-1-16; revised 11-2-15.)
 
4    (625 ILCS 5/6-206)
5    Sec. 6-206. Discretionary authority to suspend or revoke
6license or permit; Right to a hearing.
7    (a) The Secretary of State is authorized to suspend or
8revoke the driving privileges of any person without preliminary
9hearing upon a showing of the person's records or other
10sufficient evidence that the person:
11        1. Has committed an offense for which mandatory
12    revocation of a driver's license or permit is required upon
13    conviction;
14        2. Has been convicted of not less than 3 offenses
15    against traffic regulations governing the movement of
16    vehicles committed within any 12 month period. No
17    revocation or suspension shall be entered more than 6
18    months after the date of last conviction;
19        3. Has been repeatedly involved as a driver in motor
20    vehicle collisions or has been repeatedly convicted of
21    offenses against laws and ordinances regulating the
22    movement of traffic, to a degree that indicates lack of
23    ability to exercise ordinary and reasonable care in the
24    safe operation of a motor vehicle or disrespect for the
25    traffic laws and the safety of other persons upon the

 

 

HB5540 Engrossed- 1195 -LRB099 16003 AMC 40320 b

1    highway;
2        4. Has by the unlawful operation of a motor vehicle
3    caused or contributed to an accident resulting in injury
4    requiring immediate professional treatment in a medical
5    facility or doctor's office to any person, except that any
6    suspension or revocation imposed by the Secretary of State
7    under the provisions of this subsection shall start no
8    later than 6 months after being convicted of violating a
9    law or ordinance regulating the movement of traffic, which
10    violation is related to the accident, or shall start not
11    more than one year after the date of the accident,
12    whichever date occurs later;
13        5. Has permitted an unlawful or fraudulent use of a
14    driver's license, identification card, or permit;
15        6. Has been lawfully convicted of an offense or
16    offenses in another state, including the authorization
17    contained in Section 6-203.1, which if committed within
18    this State would be grounds for suspension or revocation;
19        7. Has refused or failed to submit to an examination
20    provided for by Section 6-207 or has failed to pass the
21    examination;
22        8. Is ineligible for a driver's license or permit under
23    the provisions of Section 6-103;
24        9. Has made a false statement or knowingly concealed a
25    material fact or has used false information or
26    identification in any application for a license,

 

 

HB5540 Engrossed- 1196 -LRB099 16003 AMC 40320 b

1    identification card, or permit;
2        10. Has possessed, displayed, or attempted to
3    fraudulently use any license, identification card, or
4    permit not issued to the person;
5        11. Has operated a motor vehicle upon a highway of this
6    State when the person's driving privilege or privilege to
7    obtain a driver's license or permit was revoked or
8    suspended unless the operation was authorized by a
9    monitoring device driving permit, judicial driving permit
10    issued prior to January 1, 2009, probationary license to
11    drive, or a restricted driving permit issued under this
12    Code;
13        12. Has submitted to any portion of the application
14    process for another person or has obtained the services of
15    another person to submit to any portion of the application
16    process for the purpose of obtaining a license,
17    identification card, or permit for some other person;
18        13. Has operated a motor vehicle upon a highway of this
19    State when the person's driver's license or permit was
20    invalid under the provisions of Sections 6-107.1 and 6-110;
21        14. Has committed a violation of Section 6-301,
22    6-301.1, or 6-301.2 of this Code Act, or Section 14, 14A,
23    or 14B of the Illinois Identification Card Act;
24        15. Has been convicted of violating Section 21-2 of the
25    Criminal Code of 1961 or the Criminal Code of 2012 relating
26    to criminal trespass to vehicles in which case, the

 

 

HB5540 Engrossed- 1197 -LRB099 16003 AMC 40320 b

1    suspension shall be for one year;
2        16. Has been convicted of violating Section 11-204 of
3    this Code relating to fleeing from a peace officer;
4        17. Has refused to submit to a test, or tests, as
5    required under Section 11-501.1 of this Code and the person
6    has not sought a hearing as provided for in Section
7    11-501.1;
8        18. Has, since issuance of a driver's license or
9    permit, been adjudged to be afflicted with or suffering
10    from any mental disability or disease;
11        19. Has committed a violation of paragraph (a) or (b)
12    of Section 6-101 relating to driving without a driver's
13    license;
14        20. Has been convicted of violating Section 6-104
15    relating to classification of driver's license;
16        21. Has been convicted of violating Section 11-402 of
17    this Code relating to leaving the scene of an accident
18    resulting in damage to a vehicle in excess of $1,000, in
19    which case the suspension shall be for one year;
20        22. Has used a motor vehicle in violating paragraph
21    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
22    the Criminal Code of 1961 or the Criminal Code of 2012
23    relating to unlawful use of weapons, in which case the
24    suspension shall be for one year;
25        23. Has, as a driver, been convicted of committing a
26    violation of paragraph (a) of Section 11-502 of this Code

 

 

HB5540 Engrossed- 1198 -LRB099 16003 AMC 40320 b

1    for a second or subsequent time within one year of a
2    similar violation;
3        24. Has been convicted by a court-martial or punished
4    by non-judicial punishment by military authorities of the
5    United States at a military installation in Illinois or in
6    another state of or for a traffic related offense that is
7    the same as or similar to an offense specified under
8    Section 6-205 or 6-206 of this Code;
9        25. Has permitted any form of identification to be used
10    by another in the application process in order to obtain or
11    attempt to obtain a license, identification card, or
12    permit;
13        26. Has altered or attempted to alter a license or has
14    possessed an altered license, identification card, or
15    permit;
16        27. Has violated Section 6-16 of the Liquor Control Act
17    of 1934;
18        28. Has been convicted for a first time of the illegal
19    possession, while operating or in actual physical control,
20    as a driver, of a motor vehicle, of any controlled
21    substance prohibited under the Illinois Controlled
22    Substances Act, any cannabis prohibited under the Cannabis
23    Control Act, or any methamphetamine prohibited under the
24    Methamphetamine Control and Community Protection Act, in
25    which case the person's driving privileges shall be
26    suspended for one year. Any defendant found guilty of this

 

 

HB5540 Engrossed- 1199 -LRB099 16003 AMC 40320 b

1    offense while operating a motor vehicle, shall have an
2    entry made in the court record by the presiding judge that
3    this offense did occur while the defendant was operating a
4    motor vehicle and order the clerk of the court to report
5    the violation to the Secretary of State;
6        29. Has been convicted of the following offenses that
7    were committed while the person was operating or in actual
8    physical control, as a driver, of a motor vehicle: criminal
9    sexual assault, predatory criminal sexual assault of a
10    child, aggravated criminal sexual assault, criminal sexual
11    abuse, aggravated criminal sexual abuse, juvenile pimping,
12    soliciting for a juvenile prostitute, promoting juvenile
13    prostitution as described in subdivision (a)(1), (a)(2),
14    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
15    or the Criminal Code of 2012, and the manufacture, sale or
16    delivery of controlled substances or instruments used for
17    illegal drug use or abuse in which case the driver's
18    driving privileges shall be suspended for one year;
19        30. Has been convicted a second or subsequent time for
20    any combination of the offenses named in paragraph 29 of
21    this subsection, in which case the person's driving
22    privileges shall be suspended for 5 years;
23        31. Has refused to submit to a test as required by
24    Section 11-501.6 of this Code or Section 5-16c of the Boat
25    Registration and Safety Act or has submitted to a test
26    resulting in an alcohol concentration of 0.08 or more or

 

 

HB5540 Engrossed- 1200 -LRB099 16003 AMC 40320 b

1    any amount of a drug, substance, or compound resulting from
2    the unlawful use or consumption of cannabis as listed in
3    the Cannabis Control Act, a controlled substance as listed
4    in the Illinois Controlled Substances Act, an intoxicating
5    compound as listed in the Use of Intoxicating Compounds
6    Act, or methamphetamine as listed in the Methamphetamine
7    Control and Community Protection Act, in which case the
8    penalty shall be as prescribed in Section 6-208.1;
9        32. Has been convicted of Section 24-1.2 of the
10    Criminal Code of 1961 or the Criminal Code of 2012 relating
11    to the aggravated discharge of a firearm if the offender
12    was located in a motor vehicle at the time the firearm was
13    discharged, in which case the suspension shall be for 3
14    years;
15        33. Has as a driver, who was less than 21 years of age
16    on the date of the offense, been convicted a first time of
17    a violation of paragraph (a) of Section 11-502 of this Code
18    or a similar provision of a local ordinance;
19        34. Has committed a violation of Section 11-1301.5 of
20    this Code or a similar provision of a local ordinance;
21        35. Has committed a violation of Section 11-1301.6 of
22    this Code or a similar provision of a local ordinance;
23        36. Is under the age of 21 years at the time of arrest
24    and has been convicted of not less than 2 offenses against
25    traffic regulations governing the movement of vehicles
26    committed within any 24 month period. No revocation or

 

 

HB5540 Engrossed- 1201 -LRB099 16003 AMC 40320 b

1    suspension shall be entered more than 6 months after the
2    date of last conviction;
3        37. Has committed a violation of subsection (c) of
4    Section 11-907 of this Code that resulted in damage to the
5    property of another or the death or injury of another;
6        38. Has been convicted of a violation of Section 6-20
7    of the Liquor Control Act of 1934 or a similar provision of
8    a local ordinance;
9        39. Has committed a second or subsequent violation of
10    Section 11-1201 of this Code;
11        40. Has committed a violation of subsection (a-1) of
12    Section 11-908 of this Code;
13        41. Has committed a second or subsequent violation of
14    Section 11-605.1 of this Code, a similar provision of a
15    local ordinance, or a similar violation in any other state
16    within 2 years of the date of the previous violation, in
17    which case the suspension shall be for 90 days;
18        42. Has committed a violation of subsection (a-1) of
19    Section 11-1301.3 of this Code or a similar provision of a
20    local ordinance;
21        43. Has received a disposition of court supervision for
22    a violation of subsection (a), (d), or (e) of Section 6-20
23    of the Liquor Control Act of 1934 or a similar provision of
24    a local ordinance, in which case the suspension shall be
25    for a period of 3 months;
26        44. Is under the age of 21 years at the time of arrest

 

 

HB5540 Engrossed- 1202 -LRB099 16003 AMC 40320 b

1    and has been convicted of an offense against traffic
2    regulations governing the movement of vehicles after
3    having previously had his or her driving privileges
4    suspended or revoked pursuant to subparagraph 36 of this
5    Section;
6        45. Has, in connection with or during the course of a
7    formal hearing conducted under Section 2-118 of this Code:
8    (i) committed perjury; (ii) submitted fraudulent or
9    falsified documents; (iii) submitted documents that have
10    been materially altered; or (iv) submitted, as his or her
11    own, documents that were in fact prepared or composed for
12    another person;
13        46. Has committed a violation of subsection (j) of
14    Section 3-413 of this Code; or
15        47. Has committed a violation of Section 11-502.1 of
16    this Code.
17    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
18and 27 of this subsection, license means any driver's license,
19any traffic ticket issued when the person's driver's license is
20deposited in lieu of bail, a suspension notice issued by the
21Secretary of State, a duplicate or corrected driver's license,
22a probationary driver's license or a temporary driver's
23license.
24    (b) If any conviction forming the basis of a suspension or
25revocation authorized under this Section is appealed, the
26Secretary of State may rescind or withhold the entry of the

 

 

HB5540 Engrossed- 1203 -LRB099 16003 AMC 40320 b

1order of suspension or revocation, as the case may be, provided
2that a certified copy of a stay order of a court is filed with
3the Secretary of State. If the conviction is affirmed on
4appeal, the date of the conviction shall relate back to the
5time the original judgment of conviction was entered and the 6
6month limitation prescribed shall not apply.
7    (c) 1. Upon suspending or revoking the driver's license or
8permit of any person as authorized in this Section, the
9Secretary of State shall immediately notify the person in
10writing of the revocation or suspension. The notice to be
11deposited in the United States mail, postage prepaid, to the
12last known address of the person.
13    2. If the Secretary of State suspends the driver's license
14of a person under subsection 2 of paragraph (a) of this
15Section, a person's privilege to operate a vehicle as an
16occupation shall not be suspended, provided an affidavit is
17properly completed, the appropriate fee received, and a permit
18issued prior to the effective date of the suspension, unless 5
19offenses were committed, at least 2 of which occurred while
20operating a commercial vehicle in connection with the driver's
21regular occupation. All other driving privileges shall be
22suspended by the Secretary of State. Any driver prior to
23operating a vehicle for occupational purposes only must submit
24the affidavit on forms to be provided by the Secretary of State
25setting forth the facts of the person's occupation. The
26affidavit shall also state the number of offenses committed

 

 

HB5540 Engrossed- 1204 -LRB099 16003 AMC 40320 b

1while operating a vehicle in connection with the driver's
2regular occupation. The affidavit shall be accompanied by the
3driver's license. Upon receipt of a properly completed
4affidavit, the Secretary of State shall issue the driver a
5permit to operate a vehicle in connection with the driver's
6regular occupation only. Unless the permit is issued by the
7Secretary of State prior to the date of suspension, the
8privilege to drive any motor vehicle shall be suspended as set
9forth in the notice that was mailed under this Section. If an
10affidavit is received subsequent to the effective date of this
11suspension, a permit may be issued for the remainder of the
12suspension period.
13    The provisions of this subparagraph shall not apply to any
14driver required to possess a CDL for the purpose of operating a
15commercial motor vehicle.
16    Any person who falsely states any fact in the affidavit
17required herein shall be guilty of perjury under Section 6-302
18and upon conviction thereof shall have all driving privileges
19revoked without further rights.
20    3. At the conclusion of a hearing under Section 2-118 of
21this Code, the Secretary of State shall either rescind or
22continue an order of revocation or shall substitute an order of
23suspension; or, good cause appearing therefor, rescind,
24continue, change, or extend the order of suspension. If the
25Secretary of State does not rescind the order, the Secretary
26may upon application, to relieve undue hardship (as defined by

 

 

HB5540 Engrossed- 1205 -LRB099 16003 AMC 40320 b

1the rules of the Secretary of State), issue a restricted
2driving permit granting the privilege of driving a motor
3vehicle between the petitioner's residence and petitioner's
4place of employment or within the scope of the petitioner's
5employment related duties, or to allow the petitioner to
6transport himself or herself, or a family member of the
7petitioner's household to a medical facility, to receive
8necessary medical care, to allow the petitioner to transport
9himself or herself to and from alcohol or drug remedial or
10rehabilitative activity recommended by a licensed service
11provider, or to allow the petitioner to transport himself or
12herself or a family member of the petitioner's household to
13classes, as a student, at an accredited educational
14institution, or to allow the petitioner to transport children,
15elderly persons, or persons with disabilities who do not hold
16driving privileges and are living in the petitioner's household
17to and from daycare. The petitioner must demonstrate that no
18alternative means of transportation is reasonably available
19and that the petitioner will not endanger the public safety or
20welfare.
21        (A) If a person's license or permit is revoked or
22    suspended due to 2 or more convictions of violating Section
23    11-501 of this Code or a similar provision of a local
24    ordinance or a similar out-of-state offense, or Section 9-3
25    of the Criminal Code of 1961 or the Criminal Code of 2012,
26    where the use of alcohol or other drugs is recited as an

 

 

HB5540 Engrossed- 1206 -LRB099 16003 AMC 40320 b

1    element of the offense, or a similar out-of-state offense,
2    or a combination of these offenses, arising out of separate
3    occurrences, that person, if issued a restricted driving
4    permit, may not operate a vehicle unless it has been
5    equipped with an ignition interlock device as defined in
6    Section 1-129.1.
7        (B) If a person's license or permit is revoked or
8    suspended 2 or more times due to any combination of:
9            (i) a single conviction of violating Section
10        11-501 of this Code or a similar provision of a local
11        ordinance or a similar out-of-state offense or Section
12        9-3 of the Criminal Code of 1961 or the Criminal Code
13        of 2012, where the use of alcohol or other drugs is
14        recited as an element of the offense, or a similar
15        out-of-state offense; or
16            (ii) a statutory summary suspension or revocation
17        under Section 11-501.1; or
18            (iii) a suspension under Section 6-203.1;
19    arising out of separate occurrences; that person, if issued
20    a restricted driving permit, may not operate a vehicle
21    unless it has been equipped with an ignition interlock
22    device as defined in Section 1-129.1.
23        (B-5) If a person's license or permit is revoked or
24    suspended due to a conviction for a violation of
25    subparagraph (C) or (F) of paragraph (1) of subsection (d)
26    of Section 11-501 of this Code, or a similar provision of a

 

 

HB5540 Engrossed- 1207 -LRB099 16003 AMC 40320 b

1    local ordinance or similar out-of-state offense, that
2    person, if issued a restricted driving permit, may not
3    operate a vehicle unless it has been equipped with an
4    ignition interlock device as defined in Section 1-129.1.
5        (C) The person issued a permit conditioned upon the use
6    of an ignition interlock device must pay to the Secretary
7    of State DUI Administration Fund an amount not to exceed
8    $30 per month. The Secretary shall establish by rule the
9    amount and the procedures, terms, and conditions relating
10    to these fees.
11        (D) If the restricted driving permit is issued for
12    employment purposes, then the prohibition against
13    operating a motor vehicle that is not equipped with an
14    ignition interlock device does not apply to the operation
15    of an occupational vehicle owned or leased by that person's
16    employer when used solely for employment purposes. For any
17    person who, within a 5-year period, is convicted of a
18    second or subsequent offense under Section 11-501 of this
19    Code, or a similar provision of a local ordinance or
20    similar out-of-state offense, this employment exemption
21    does not apply until either a one-year one year period has
22    elapsed during which that person had his or her driving
23    privileges revoked or a one-year one year period has
24    elapsed during which that person had a restricted driving
25    permit which required the use of an ignition interlock
26    device on every motor vehicle owned or operated by that

 

 

HB5540 Engrossed- 1208 -LRB099 16003 AMC 40320 b

1    person.
2        (E) In each case the Secretary may issue a restricted
3    driving permit for a period deemed appropriate, except that
4    all permits shall expire within one year from the date of
5    issuance. A restricted driving permit issued under this
6    Section shall be subject to cancellation, revocation, and
7    suspension by the Secretary of State in like manner and for
8    like cause as a driver's license issued under this Code may
9    be cancelled, revoked, or suspended; except that a
10    conviction upon one or more offenses against laws or
11    ordinances regulating the movement of traffic shall be
12    deemed sufficient cause for the revocation, suspension, or
13    cancellation of a restricted driving permit. The Secretary
14    of State may, as a condition to the issuance of a
15    restricted driving permit, require the applicant to
16    participate in a designated driver remedial or
17    rehabilitative program. The Secretary of State is
18    authorized to cancel a restricted driving permit if the
19    permit holder does not successfully complete the program.
20        (F) A person subject to the provisions of paragraph 4
21    of subsection (b) of Section 6-208 of this Code may make
22    application for a restricted driving permit at a hearing
23    conducted under Section 2-118 of this Code after the
24    expiration of 5 years from the effective date of the most
25    recent revocation or after 5 years from the date of release
26    from a period of imprisonment resulting from a conviction

 

 

HB5540 Engrossed- 1209 -LRB099 16003 AMC 40320 b

1    of the most recent offense, whichever is later, provided
2    the person, in addition to all other requirements of the
3    Secretary, shows by clear and convincing evidence:
4            (i) a minimum of 3 years of uninterrupted
5        abstinence from alcohol and the unlawful use or
6        consumption of cannabis under the Cannabis Control
7        Act, a controlled substance under the Illinois
8        Controlled Substances Act, an intoxicating compound
9        under the Use of Intoxicating Compounds Act, or
10        methamphetamine under the Methamphetamine Control and
11        Community Protection Act; and
12            (ii) the successful completion of any
13        rehabilitative treatment and involvement in any
14        ongoing rehabilitative activity that may be
15        recommended by a properly licensed service provider
16        according to an assessment of the person's alcohol or
17        drug use under Section 11-501.01 of this Code.
18        In determining whether an applicant is eligible for a
19    restricted driving permit under this subparagraph (F), the
20    Secretary may consider any relevant evidence, including,
21    but not limited to, testimony, affidavits, records, and the
22    results of regular alcohol or drug tests. Persons subject
23    to the provisions of paragraph 4 of subsection (b) of
24    Section 6-208 of this Code and who have been convicted of
25    more than one violation of paragraph (3), paragraph (4), or
26    paragraph (5) of subsection (a) of Section 11-501 of this

 

 

HB5540 Engrossed- 1210 -LRB099 16003 AMC 40320 b

1    Code shall not be eligible to apply for a restricted
2    driving permit under this subparagraph (F).
3        A restricted driving permit issued under this
4    subparagraph (F) shall provide that the holder may only
5    operate motor vehicles equipped with an ignition interlock
6    device as required under paragraph (2) of subsection (c) of
7    Section 6-205 of this Code and subparagraph (A) of
8    paragraph 3 of subsection (c) of this Section. The
9    Secretary may revoke a restricted driving permit or amend
10    the conditions of a restricted driving permit issued under
11    this subparagraph (F) if the holder operates a vehicle that
12    is not equipped with an ignition interlock device, or for
13    any other reason authorized under this Code.
14        A restricted driving permit issued under this
15    subparagraph (F) shall be revoked, and the holder barred
16    from applying for or being issued a restricted driving
17    permit in the future, if the holder is convicted of a
18    violation of Section 11-501 of this Code, a similar
19    provision of a local ordinance, or a similar offense in
20    another state.
21    (c-3) In the case of a suspension under paragraph 43 of
22subsection (a), reports received by the Secretary of State
23under this Section shall, except during the actual time the
24suspension is in effect, be privileged information and for use
25only by the courts, police officers, prosecuting authorities,
26the driver licensing administrator of any other state, the

 

 

HB5540 Engrossed- 1211 -LRB099 16003 AMC 40320 b

1Secretary of State, or the parent or legal guardian of a driver
2under the age of 18. However, beginning January 1, 2008, if the
3person is a CDL holder, the suspension shall also be made
4available to the driver licensing administrator of any other
5state, the U.S. Department of Transportation, and the affected
6driver or motor carrier or prospective motor carrier upon
7request.
8    (c-4) In the case of a suspension under paragraph 43 of
9subsection (a), the Secretary of State shall notify the person
10by mail that his or her driving privileges and driver's license
11will be suspended one month after the date of the mailing of
12the notice.
13    (c-5) The Secretary of State may, as a condition of the
14reissuance of a driver's license or permit to an applicant
15whose driver's license or permit has been suspended before he
16or she reached the age of 21 years pursuant to any of the
17provisions of this Section, require the applicant to
18participate in a driver remedial education course and be
19retested under Section 6-109 of this Code.
20    (d) This Section is subject to the provisions of the
21Drivers License Compact.
22    (e) The Secretary of State shall not issue a restricted
23driving permit to a person under the age of 16 years whose
24driving privileges have been suspended or revoked under any
25provisions of this Code.
26    (f) In accordance with 49 C.F.R. 384, the Secretary of

 

 

HB5540 Engrossed- 1212 -LRB099 16003 AMC 40320 b

1State may not issue a restricted driving permit for the
2operation of a commercial motor vehicle to a person holding a
3CDL whose driving privileges have been suspended, revoked,
4cancelled, or disqualified under any provisions of this Code.
5(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
6eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
799-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
8revised 11-3-15.)
 
9    (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
10    Sec. 6-208. Period of Suspension - Application After
11Revocation.
12    (a) Except as otherwise provided by this Code or any other
13law of this State, the Secretary of State shall not suspend a
14driver's license, permit, or privilege to drive a motor vehicle
15on the highways for a period of more than one year.
16    (b) Any person whose license, permit, or privilege to drive
17a motor vehicle on the highways has been revoked shall not be
18entitled to have such license, permit, or privilege renewed or
19restored. However, such person may, except as provided under
20subsections (d) and (d-5) of Section 6-205, make application
21for a license pursuant to Section 6-106 (i) if the revocation
22was for a cause that has been removed or (ii) as provided in
23the following subparagraphs:
24        1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
25    4, and 5, the person may make application for a license (A)

 

 

HB5540 Engrossed- 1213 -LRB099 16003 AMC 40320 b

1    after the expiration of one year from the effective date of
2    the revocation, (B) in the case of a violation of paragraph
3    (b) of Section 11-401 of this Code or a similar provision
4    of a local ordinance, after the expiration of 3 years from
5    the effective date of the revocation, or (C) in the case of
6    a violation of Section 9-3 of the Criminal Code of 1961 or
7    the Criminal Code of 2012 or a similar provision of a law
8    of another state relating to the offense of reckless
9    homicide or a violation of subparagraph (F) of paragraph 1
10    of subsection (d) of Section 11-501 of this Code relating
11    to aggravated driving under the influence of alcohol, other
12    drug or drugs, intoxicating compound or compounds, or any
13    combination thereof, if the violation was the proximate
14    cause of a death, after the expiration of 2 years from the
15    effective date of the revocation or after the expiration of
16    24 months from the date of release from a period of
17    imprisonment as provided in Section 6-103 of this Code,
18    whichever is later.
19        1.3. If the person is convicted of a second or
20    subsequent violation of Section 11-501 of this Code or a
21    similar provision of a local ordinance or a similar
22    out-of-state offense, or Section 9-3 of the Criminal Code
23    of 1961 or the Criminal Code of 2012, in which the use of
24    alcohol or other drugs is recited as an element of the
25    offense, or a similar out-of-state offense, or a
26    combination of these offenses, arising out of separate

 

 

HB5540 Engrossed- 1214 -LRB099 16003 AMC 40320 b

1    occurrences, that person may not make application for a
2    driver's license until:
3            (A) the person has first been issued a restricted
4        driving permit by the Secretary of State; and
5            (B) the expiration of a continuous period of not
6        less than 5 years following the issuance of the
7        restricted driving permit during which the person's
8        restricted driving permit is not suspended, cancelled,
9        or revoked for a violation of any provision of law, or
10        any rule or regulation of the Secretary of State
11        relating to the required use of an ignition interlock
12        device.
13        1.5. If the person is convicted of a violation of
14    Section 6-303 of this Code committed while his or her
15    driver's license, permit, or privilege was revoked because
16    of a violation of Section 9-3 of the Criminal Code of 1961
17    or the Criminal Code of 2012, relating to the offense of
18    reckless homicide, or a similar provision of a law of
19    another state, the person may not make application for a
20    license or permit until the expiration of 3 years from the
21    date of the conviction.
22        2. If such person is convicted of committing a second
23    violation within a 20-year period of:
24            (A) Section 11-501 of this Code or a similar
25        provision of a local ordinance;
26            (B) Paragraph (b) of Section 11-401 of this Code or

 

 

HB5540 Engrossed- 1215 -LRB099 16003 AMC 40320 b

1        a similar provision of a local ordinance;
2            (C) Section 9-3 of the Criminal Code of 1961 or the
3        Criminal Code of 2012, relating to the offense of
4        reckless homicide; or
5            (D) any combination of the above offenses
6        committed at different instances;
7    then such person may not make application for a license
8    until after the expiration of 5 years from the effective
9    date of the most recent revocation. The 20-year period
10    shall be computed by using the dates the offenses were
11    committed and shall also include similar out-of-state
12    offenses and similar offenses committed on a military
13    installation.
14        2.5. If a person is convicted of a second violation of
15    Section 6-303 of this Code committed while the person's
16    driver's license, permit, or privilege was revoked because
17    of a violation of Section 9-3 of the Criminal Code of 1961
18    or the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a similar provision of a law of
20    another state, the person may not make application for a
21    license or permit until the expiration of 5 years from the
22    date of release from a term of imprisonment.
23        3. However, except as provided in subparagraph 4, if
24    such person is convicted of committing a third violation or
25    any combination of the above offenses, including similar
26    out-of-state offenses and similar offenses committed on a

 

 

HB5540 Engrossed- 1216 -LRB099 16003 AMC 40320 b

1    military installation, contained in subparagraph 2, then
2    such person may not make application for a license until
3    after the expiration of 10 years from the effective date of
4    the most recent revocation.
5        4. Except as provided in paragraph (1.5) of subsection
6    (c) of Section 6-205 and subparagraph (F) of paragraph 3 of
7    subsection (c) of Section 6-206 of this Code, the person
8    may not make application for a license if the person is
9    convicted of committing a fourth or subsequent violation of
10    Section 11-501 of this Code or a similar provision of a
11    local ordinance, Section 11-401 of this Code, Section 9-3
12    of the Criminal Code of 1961 or the Criminal Code of 2012,
13    or a combination of these offenses, similar provisions of
14    local ordinances, similar out-of-state offenses, or
15    similar offenses committed on a military installation.
16        4.5. A bona fide resident of a foreign jurisdiction who
17    is subject to the provisions of subparagraph 4 of this
18    subsection (b) may make application for termination of the
19    revocation after a period of 10 years from the effective
20    date of the most recent revocation. However, if a person
21    who has been granted a termination of revocation under this
22    subparagraph 4.5 subsequently becomes a resident of this
23    State, the revocation shall be reinstated and the person
24    shall be subject to the provisions of subparagraph 4.
25        5. The person may not make application for a license or
26    permit if the person is convicted of a third or subsequent

 

 

HB5540 Engrossed- 1217 -LRB099 16003 AMC 40320 b

1    violation of Section 6-303 of this Code committed while his
2    or her driver's license, permit, or privilege was revoked
3    because of a violation of Section 9-3 of the Criminal Code
4    of 1961 or the Criminal Code of 2012, relating to the
5    offense of reckless homicide, or a similar provision of a
6    law of another state.
7    Notwithstanding any other provision of this Code, all
8persons referred to in this paragraph (b) may not have their
9privileges restored until the Secretary receives payment of the
10required reinstatement fee pursuant to subsection (b) of
11Section 6-118.
12    In no event shall the Secretary issue such license unless
13and until such person has had a hearing pursuant to this Code
14and the appropriate administrative rules and the Secretary is
15satisfied, after a review or investigation of such person, that
16to grant the privilege of driving a motor vehicle on the
17highways will not endanger the public safety or welfare.
18    (c) (Blank).
19(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; revised
2011-3-15.)
 
21    (625 ILCS 5/6-302)  (from Ch. 95 1/2, par. 6-302)
22    Sec. 6-302. Making false application or affidavit -
23Perjury.
24    (a) It is a violation of this Section for any person:
25        1. To display or present any document for the purpose

 

 

HB5540 Engrossed- 1218 -LRB099 16003 AMC 40320 b

1    of making application for a driver's license or permit
2    knowing that such document contains false information
3    concerning the identity identify of the applicant;
4        2. To accept or allow to be accepted any document
5    displayed or presented for the purpose of making
6    application for a driver's license or permit knowing that
7    such document contains false information concerning the
8    identity of the applicant;
9        3. To knowingly make any false affidavit or swear or
10    affirm falsely to any matter or thing required by the terms
11    of this Act to be sworn to or affirmed.
12    (b) Sentence.
13        1. Any person convicted of a violation of this Section
14    shall be guilty of a Class 4 felony.
15        2. Any person convicted of a second or subsequent
16    violation of this Section shall be guilty of a Class 3
17    felony.
18    (c) This Section does not prohibit any lawfully authorized
19investigative, protective, law enforcement or other activity
20of any agency of the United States, State of Illinois or any
21other state or political subdivision thereof.
22(Source: P.A. 86-503; revised 11-2-15.)
 
23    (625 ILCS 5/11-501.01)
24    Sec. 11-501.01. Additional administrative sanctions.
25    (a) After a finding of guilt and prior to any final

 

 

HB5540 Engrossed- 1219 -LRB099 16003 AMC 40320 b

1sentencing or an order for supervision, for an offense based
2upon an arrest for a violation of Section 11-501 or a similar
3provision of a local ordinance, individuals shall be required
4to undergo a professional evaluation to determine if an
5alcohol, drug, or intoxicating compound abuse problem exists
6and the extent of the problem, and undergo the imposition of
7treatment as appropriate. Programs conducting these
8evaluations shall be licensed by the Department of Human
9Services. The cost of any professional evaluation shall be paid
10for by the individual required to undergo the professional
11evaluation.
12    (b) Any person who is found guilty of or pleads guilty to
13violating Section 11-501, including any person receiving a
14disposition of court supervision for violating that Section,
15may be required by the Court to attend a victim impact panel
16offered by, or under contract with, a county State's Attorney's
17office, a probation and court services department, Mothers
18Against Drunk Driving, or the Alliance Against Intoxicated
19Motorists. All costs generated by the victim impact panel shall
20be paid from fees collected from the offender or as may be
21determined by the court.
22    (c) Every person found guilty of violating Section 11-501,
23whose operation of a motor vehicle while in violation of that
24Section proximately caused any incident resulting in an
25appropriate emergency response, shall be liable for the expense
26of an emergency response as provided in subsection (i) of this

 

 

HB5540 Engrossed- 1220 -LRB099 16003 AMC 40320 b

1Section.
2    (d) The Secretary of State shall revoke the driving
3privileges of any person convicted under Section 11-501 or a
4similar provision of a local ordinance.
5    (e) The Secretary of State shall require the use of
6ignition interlock devices for a period not less than 5 years
7on all vehicles owned by a person who has been convicted of a
8second or subsequent offense of Section 11-501 or a similar
9provision of a local ordinance. The person must pay to the
10Secretary of State DUI Administration Fund an amount not to
11exceed $30 for each month that he or she uses the device. The
12Secretary shall establish by rule and regulation the procedures
13for certification and use of the interlock system, the amount
14of the fee, and the procedures, terms, and conditions relating
15to these fees. During the time period in which a person is
16required to install an ignition interlock device under this
17subsection (e), that person shall only operate vehicles in
18which ignition interlock devices have been installed, except as
19allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
20this Code.
21    (f) In addition to any other penalties and liabilities, a
22person who is found guilty of or pleads guilty to violating
23Section 11-501, including any person placed on court
24supervision for violating Section 11-501, shall be assessed
25$750, payable to the circuit clerk, who shall distribute the
26money as follows: $350 to the law enforcement agency that made

 

 

HB5540 Engrossed- 1221 -LRB099 16003 AMC 40320 b

1the arrest, and $400 shall be forwarded to the State Treasurer
2for deposit into the General Revenue Fund. If the person has
3been previously convicted of violating Section 11-501 or a
4similar provision of a local ordinance, the fine shall be
5$1,000, and the circuit clerk shall distribute $200 to the law
6enforcement agency that made the arrest and $800 to the State
7Treasurer for deposit into the General Revenue Fund. In the
8event that more than one agency is responsible for the arrest,
9the amount payable to law enforcement agencies shall be shared
10equally. Any moneys received by a law enforcement agency under
11this subsection (f) shall be used for enforcement and
12prevention of driving while under the influence of alcohol,
13other drug or drugs, intoxicating compound or compounds or any
14combination thereof, as defined by Section 11-501 of this Code,
15including but not limited to the purchase of law enforcement
16equipment and commodities that will assist in the prevention of
17alcohol related criminal violence throughout the State; police
18officer training and education in areas related to alcohol
19related crime, including but not limited to DUI training; and
20police officer salaries, including but not limited to salaries
21for hire back funding for safety checkpoints, saturation
22patrols, and liquor store sting operations. Any moneys received
23by the Department of State Police under this subsection (f)
24shall be deposited into the State Police DUI Fund and shall be
25used to purchase law enforcement equipment that will assist in
26the prevention of alcohol related criminal violence throughout

 

 

HB5540 Engrossed- 1222 -LRB099 16003 AMC 40320 b

1the State.
2    (g) The Secretary of State Police DUI Fund is created as a
3special fund in the State treasury. All moneys received by the
4Secretary of State Police under subsection (f) of this Section
5shall be deposited into the Secretary of State Police DUI Fund
6and, subject to appropriation, shall be used for enforcement
7and prevention of driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds or any
9combination thereof, as defined by Section 11-501 of this Code,
10including but not limited to the purchase of law enforcement
11equipment and commodities to assist in the prevention of
12alcohol related criminal violence throughout the State; police
13officer training and education in areas related to alcohol
14related crime, including but not limited to DUI training; and
15police officer salaries, including but not limited to salaries
16for hire back funding for safety checkpoints, saturation
17patrols, and liquor store sting operations.
18    (h) Whenever an individual is sentenced for an offense
19based upon an arrest for a violation of Section 11-501 or a
20similar provision of a local ordinance, and the professional
21evaluation recommends remedial or rehabilitative treatment or
22education, neither the treatment nor the education shall be the
23sole disposition and either or both may be imposed only in
24conjunction with another disposition. The court shall monitor
25compliance with any remedial education or treatment
26recommendations contained in the professional evaluation.

 

 

HB5540 Engrossed- 1223 -LRB099 16003 AMC 40320 b

1Programs conducting alcohol or other drug evaluation or
2remedial education must be licensed by the Department of Human
3Services. If the individual is not a resident of Illinois,
4however, the court may accept an alcohol or other drug
5evaluation or remedial education program in the individual's
6state of residence. Programs providing treatment must be
7licensed under existing applicable alcoholism and drug
8treatment licensure standards.
9    (i) In addition to any other fine or penalty required by
10law, an individual convicted of a violation of Section 11-501,
11Section 5-7 of the Snowmobile Registration and Safety Act,
12Section 5-16 of the Boat Registration and Safety Act, or a
13similar provision, whose operation of a motor vehicle,
14snowmobile, or watercraft while in violation of Section 11-501,
15Section 5-7 of the Snowmobile Registration and Safety Act,
16Section 5-16 of the Boat Registration and Safety Act, or a
17similar provision proximately caused an incident resulting in
18an appropriate emergency response, shall be required to make
19restitution to a public agency for the costs of that emergency
20response. The restitution may not exceed $1,000 per public
21agency for each emergency response. As used in this subsection
22(i), "emergency response" means any incident requiring a
23response by a police officer, a firefighter carried on the
24rolls of a regularly constituted fire department, or an
25ambulance. With respect to funds designated for the Department
26of State Police, the moneys shall be remitted by the circuit

 

 

HB5540 Engrossed- 1224 -LRB099 16003 AMC 40320 b

1court clerk to the State Police within one month after receipt
2for deposit into the State Police DUI Fund. With respect to
3funds designated for the Department of Natural Resources, the
4Department of Natural Resources shall deposit the moneys into
5the Conservation Police Operations Assistance Fund.
6    (j) A person that is subject to a chemical test or tests of
7blood under subsection (a) of Section 11-501.1 or subdivision
8(c)(2) of Section 11-501.2 of this Code, whether or not that
9person consents to testing, shall be liable for the expense up
10to $500 for blood withdrawal by a physician authorized to
11practice medicine, a licensed physician assistant, a licensed
12advanced practice nurse, a registered nurse, a trained
13phlebotomist, a licensed paramedic, or a qualified person other
14than a police officer approved by the Department of State
15Police to withdraw blood, who responds, whether at a law
16enforcement facility or a health care facility, to a police
17department request for the drawing of blood based upon refusal
18of the person to submit to a lawfully requested breath test or
19probable cause exists to believe the test would disclose the
20ingestion, consumption, or use of drugs or intoxicating
21compounds if:
22        (1) the person is found guilty of violating Section
23    11-501 of this Code or a similar provision of a local
24    ordinance; or
25        (2) the person pleads guilty to or stipulates to facts
26    supporting a violation of Section 11-503 of this Code or a

 

 

HB5540 Engrossed- 1225 -LRB099 16003 AMC 40320 b

1    similar provision of a local ordinance when the plea or
2    stipulation was the result of a plea agreement in which the
3    person was originally charged with violating Section
4    11-501 of this Code or a similar local ordinance.
5(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
698-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
7revised 11-3-15.)
 
8    (625 ILCS 5/11-605.1)
9    Sec. 11-605.1. Special limit while traveling through a
10highway construction or maintenance speed zone.
11    (a) A person may not operate a motor vehicle in a
12construction or maintenance speed zone at a speed in excess of
13the posted speed limit when workers are present.
14    (a-5) A person may not operate a motor vehicle in a
15construction or maintenance speed zone at a speed in excess of
16the posted speed limit when workers are not present.
17    (b) Nothing in this Chapter prohibits the use of electronic
18speed-detecting devices within 500 feet of signs within a
19construction or maintenance speed zone indicating the zone, as
20defined in this Section, nor shall evidence obtained by use of
21those devices be inadmissible in any prosecution for speeding,
22provided the use of the device shall apply only to the
23enforcement of the speed limit in the construction or
24maintenance speed zone.
25    (c) As used in this Section, a "construction or maintenance

 

 

HB5540 Engrossed- 1226 -LRB099 16003 AMC 40320 b

1speed zone" is an area in which the Department, Toll Highway
2Authority, or local agency has posted signage advising drivers
3that a construction or maintenance speed zone is being
4approached, or in which the Department, Authority, or local
5agency has posted a lower speed limit with a highway
6construction or maintenance speed zone special speed limit sign
7after determining that the preexisting established speed limit
8through a highway construction or maintenance project is
9greater than is reasonable or safe with respect to the
10conditions expected to exist in the construction or maintenance
11speed zone.
12    If it is determined that the preexisting established speed
13limit is safe with respect to the conditions expected to exist
14in the construction or maintenance speed zone, additional speed
15limit signs which conform to the requirements of this
16subsection (c) shall be posted.
17    Highway construction or maintenance speed zone special
18speed limit signs shall be of a design approved by the
19Department. The signs must give proper due warning that a
20construction or maintenance speed zone is being approached and
21must indicate the maximum speed limit in effect. The signs also
22must state the amount of the minimum fine for a violation.
23    (d) Except as provided under subsection (d-5), a person who
24violates this Section is guilty of a petty offense. Violations
25of this Section are punishable with a minimum fine of $250 for
26the first violation and a minimum fine of $750 for the second

 

 

HB5540 Engrossed- 1227 -LRB099 16003 AMC 40320 b

1or subsequent violation.
2    (d-5) A person committing a violation of this Section is
3guilty of aggravated special speed limit while traveling
4through a highway construction or maintenance speed zone when
5he or she drives a motor vehicle at a speed that is:
6        (1) 26 miles per hour or more but less than 35 miles
7    per hour in excess of the applicable special speed limit
8    established under this Section or a similar provision of a
9    local ordinance and is guilty of a Class B misdemeanor; or
10        (2) 35 miles per hour or more in excess of the
11    applicable special speed limit established under this
12    Section or a similar provision of a local ordinance and is
13    guilty of a Class A misdemeanor.
14    (e) If a fine for a violation of this Section is $250 or
15greater, the person who violated this Section shall be charged
16an additional $125, which shall be deposited into the
17Transportation Safety Highway Hire-back Fund in the State
18treasury, unless (i) the violation occurred on a highway other
19than an interstate highway and (ii) a county police officer
20wrote the ticket for the violation, in which case the $125
21shall be deposited into that county's Transportation Safety
22Highway Hire-back Fund. In the case of a second or subsequent
23violation of this Section, if the fine is $750 or greater, the
24person who violated this Section shall be charged an additional
25$250, which shall be deposited into the Transportation Safety
26Highway Hire-back Fund in the State treasury, unless (i) the

 

 

HB5540 Engrossed- 1228 -LRB099 16003 AMC 40320 b

1violation occurred on a highway other than an interstate
2highway and (ii) a county police officer wrote the ticket for
3the violation, in which case the $250 shall be deposited into
4that county's Transportation Safety Highway Hire-back Fund.
5    (e-5) The Department of State Police and the local county
6police department have concurrent jurisdiction over any
7violation of this Section that occurs on an interstate highway.
8    (f) The Transportation Safety Highway Hire-back Fund,
9which was created by Public Act 92-619, shall continue to be a
10special fund in the State treasury. Subject to appropriation by
11the General Assembly and approval by the Secretary, the
12Secretary of Transportation shall use all moneys in the
13Transportation Safety Highway Hire-back Fund to hire off-duty
14Department of State Police officers to monitor construction or
15maintenance zones.
16    (f-5) Each county shall create a Transportation Safety
17Highway Hire-back Fund. The county shall use the moneys in its
18Transportation Safety Highway Hire-back Fund to hire off-duty
19county police officers to monitor construction or maintenance
20zones in that county on highways other than interstate
21highways. The county, in its discretion, may also use a portion
22of the moneys in its Transportation Safety Highway Hire-back
23Fund to purchase equipment for county law enforcement and fund
24the production of materials to educate drivers on construction
25zone safe driving habits.
26    (g) For a second or subsequent violation of this Section

 

 

HB5540 Engrossed- 1229 -LRB099 16003 AMC 40320 b

1within 2 years of the date of the previous violation, the
2Secretary of State shall suspend the driver's license of the
3violator for a period of 90 days. This suspension shall only be
4imposed if the current violation of this Section and at least
5one prior violation of this Section occurred during a period
6when workers were present in the construction or maintenance
7zone.
8(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
9eff. 1-1-16; revised 10-15-15.)
 
10    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
11    Sec. 12-215. Oscillating, rotating or flashing lights on
12motor vehicles. Except as otherwise provided in this Code:
13    (a) The use of red or white oscillating, rotating or
14flashing lights, whether lighted or unlighted, is prohibited
15except on:
16        1. Law enforcement vehicles of State, Federal or local
17    authorities;
18        2. A vehicle operated by a police officer or county
19    coroner and designated or authorized by local authorities,
20    in writing, as a law enforcement vehicle; however, such
21    designation or authorization must be carried in the
22    vehicle;
23        2.1. A vehicle operated by a fire chief who has
24    completed an emergency vehicle operation training course
25    approved by the Office of the State Fire Marshal and

 

 

HB5540 Engrossed- 1230 -LRB099 16003 AMC 40320 b

1    designated or authorized by local authorities, in writing,
2    as a fire department, fire protection district, or township
3    fire department vehicle; however, the designation or
4    authorization must be carried in the vehicle, and the
5    lights may be visible or activated only when responding to
6    a bona fide emergency;
7        3. Vehicles of local fire departments and State or
8    federal firefighting vehicles;
9        4. Vehicles which are designed and used exclusively as
10    ambulances or rescue vehicles; furthermore, such lights
11    shall not be lighted except when responding to an emergency
12    call for and while actually conveying the sick or injured;
13        4.5. Vehicles which are occasionally used as rescue
14    vehicles that have been authorized for use as rescue
15    vehicles by a volunteer EMS provider, provided that the
16    operator of the vehicle has successfully completed an
17    emergency vehicle operation training course recognized by
18    the Department of Public Health; furthermore, the lights
19    shall not be lighted except when responding to an emergency
20    call for the sick or injured;
21        5. Tow trucks licensed in a state that requires such
22    lights; furthermore, such lights shall not be lighted on
23    any such tow truck while the tow truck is operating in the
24    State of Illinois;
25        6. Vehicles of the Illinois Emergency Management
26    Agency, vehicles of the Office of the Illinois State Fire

 

 

HB5540 Engrossed- 1231 -LRB099 16003 AMC 40320 b

1    Marshal, vehicles of the Illinois Department of Public
2    Health, vehicles of the Illinois Department of
3    Corrections, and vehicles of the Illinois Department of
4    Juvenile Justice;
5        7. Vehicles operated by a local or county emergency
6    management services agency as defined in the Illinois
7    Emergency Management Agency Act;
8        8. School buses operating alternately flashing head
9    lamps as permitted under Section 12-805 of this Code;
10        9. Vehicles that are equipped and used exclusively as
11    organ transplant vehicles when used in combination with
12    blue oscillating, rotating, or flashing lights;
13    furthermore, these lights shall be lighted only when the
14    transportation is declared an emergency by a member of the
15    transplant team or a representative of the organ
16    procurement organization;
17        10. Vehicles of the Illinois Department of Natural
18    Resources that are used for mine rescue and explosives
19    emergency response;
20        11. Vehicles of the Illinois Department of
21    Transportation identified as Emergency Traffic Patrol; the
22    lights shall not be lighted except when responding to an
23    emergency call or when parked or stationary while engaged
24    in motor vehicle assistance or at the scene of the
25    emergency; and
26        12. Vehicles of the Illinois State Toll Highway

 

 

HB5540 Engrossed- 1232 -LRB099 16003 AMC 40320 b

1    Authority identified as Highway Emergency Lane Patrol; the
2    lights shall not be lighted except when responding to an
3    emergency call or when parked or stationary while engaged
4    in motor vehicle assistance or at the scene of the
5    emergency.
6    (b) The use of amber oscillating, rotating or flashing
7lights, whether lighted or unlighted, is prohibited except on:
8        1. Second division vehicles designed and used for
9    towing or hoisting vehicles; furthermore, such lights
10    shall not be lighted except as required in this paragraph
11    1; such lights shall be lighted when such vehicles are
12    actually being used at the scene of an accident or
13    disablement; if the towing vehicle is equipped with a flat
14    bed that supports all wheels of the vehicle being
15    transported, the lights shall not be lighted while the
16    vehicle is engaged in towing on a highway; if the towing
17    vehicle is not equipped with a flat bed that supports all
18    wheels of a vehicle being transported, the lights shall be
19    lighted while the towing vehicle is engaged in towing on a
20    highway during all times when the use of headlights is
21    required under Section 12-201 of this Code; in addition,
22    these vehicles may use white oscillating, rotating, or
23    flashing lights in combination with amber oscillating,
24    rotating, or flashing lights as provided in this paragraph;
25        2. Motor vehicles or equipment of the State of
26    Illinois, the Illinois State Toll Highway Authority, local

 

 

HB5540 Engrossed- 1233 -LRB099 16003 AMC 40320 b

1    authorities and contractors; furthermore, such lights
2    shall not be lighted except while such vehicles are engaged
3    in maintenance or construction operations within the
4    limits of construction projects;
5        3. Vehicles or equipment used by engineering or survey
6    crews; furthermore, such lights shall not be lighted except
7    while such vehicles are actually engaged in work on a
8    highway;
9        4. Vehicles of public utilities, municipalities, or
10    other construction, maintenance or automotive service
11    vehicles except that such lights shall be lighted only as a
12    means for indicating the presence of a vehicular traffic
13    hazard requiring unusual care in approaching, overtaking
14    or passing while such vehicles are engaged in maintenance,
15    service or construction on a highway;
16        5. Oversized vehicle or load; however, such lights
17    shall only be lighted when moving under permit issued by
18    the Department under Section 15-301 of this Code;
19        6. The front and rear of motorized equipment owned and
20    operated by the State of Illinois or any political
21    subdivision thereof, which is designed and used for removal
22    of snow and ice from highways;
23        6.1. The front and rear of motorized equipment or
24    vehicles that (i) are not owned by the State of Illinois or
25    any political subdivision of the State, (ii) are designed
26    and used for removal of snow and ice from highways and

 

 

HB5540 Engrossed- 1234 -LRB099 16003 AMC 40320 b

1    parking lots, and (iii) are equipped with a snow plow that
2    is 12 feet in width; these lights may not be lighted except
3    when the motorized equipment or vehicle is actually being
4    used for those purposes on behalf of a unit of government;
5        7. Fleet safety vehicles registered in another state,
6    furthermore, such lights shall not be lighted except as
7    provided for in Section 12-212 of this Code;
8        8. Such other vehicles as may be authorized by local
9    authorities;
10        9. Law enforcement vehicles of State or local
11    authorities when used in combination with red oscillating,
12    rotating or flashing lights;
13        9.5. Propane delivery trucks;
14        10. Vehicles used for collecting or delivering mail for
15    the United States Postal Service provided that such lights
16    shall not be lighted except when such vehicles are actually
17    being used for such purposes;
18        10.5. Vehicles of the Office of the Illinois State Fire
19    Marshal, provided that such lights shall not be lighted
20    except for when such vehicles are engaged in work for the
21    Office of the Illinois State Fire Marshal;
22        11. Any vehicle displaying a slow-moving vehicle
23    emblem as provided in Section 12-205.1;
24        12. All trucks equipped with self-compactors or
25    roll-off hoists and roll-on containers for garbage,
26    recycling, or refuse hauling. Such lights shall not be

 

 

HB5540 Engrossed- 1235 -LRB099 16003 AMC 40320 b

1    lighted except when such vehicles are actually being used
2    for such purposes;
3        13. Vehicles used by a security company, alarm
4    responder, control agency, or the Illinois Department of
5    Corrections;
6        14. Security vehicles of the Department of Human
7    Services; however, the lights shall not be lighted except
8    when being used for security related purposes under the
9    direction of the superintendent of the facility where the
10    vehicle is located; and
11        15. Vehicles of union representatives, except that the
12    lights shall be lighted only while the vehicle is within
13    the limits of a construction project.
14    (c) The use of blue oscillating, rotating or flashing
15lights, whether lighted or unlighted, is prohibited except on:
16        1. Rescue squad vehicles not owned by a fire department
17    and vehicles owned or operated by a:
18            voluntary firefighter;
19            paid firefighter;
20            part-paid firefighter;
21            call firefighter;
22            member of the board of trustees of a fire
23        protection district;
24            paid or unpaid member of a rescue squad;
25            paid or unpaid member of a voluntary ambulance
26        unit; or

 

 

HB5540 Engrossed- 1236 -LRB099 16003 AMC 40320 b

1            paid or unpaid members of a local or county
2        emergency management services agency as defined in the
3        Illinois Emergency Management Agency Act, designated
4        or authorized by local authorities, in writing, and
5        carrying that designation or authorization in the
6        vehicle.
7        However, such lights are not to be lighted except when
8    responding to a bona fide emergency or when parked or
9    stationary at the scene of a fire, rescue call, ambulance
10    call, or motor vehicle accident.
11        Any person using these lights in accordance with this
12    subdivision (c)1 must carry on his or her person an
13    identification card or letter identifying the bona fide
14    member of a fire department, fire protection district,
15    rescue squad, ambulance unit, or emergency management
16    services agency that owns or operates that vehicle. The
17    card or letter must include:
18            (A) the name of the fire department, fire
19        protection district, rescue squad, ambulance unit, or
20        emergency management services agency;
21            (B) the member's position within the fire
22        department, fire protection district, rescue squad,
23        ambulance unit, or emergency management services
24        agency;
25            (C) the member's term of service; and
26            (D) the name of a person within the fire

 

 

HB5540 Engrossed- 1237 -LRB099 16003 AMC 40320 b

1        department, fire protection district, rescue squad,
2        ambulance unit, or emergency management services
3        agency to contact to verify the information provided.
4        2. Police department vehicles in cities having a
5    population of 500,000 or more inhabitants.
6        3. Law enforcement vehicles of State or local
7    authorities when used in combination with red oscillating,
8    rotating or flashing lights.
9        4. Vehicles of local fire departments and State or
10    federal firefighting vehicles when used in combination
11    with red oscillating, rotating or flashing lights.
12        5. Vehicles which are designed and used exclusively as
13    ambulances or rescue vehicles when used in combination with
14    red oscillating, rotating or flashing lights; furthermore,
15    such lights shall not be lighted except when responding to
16    an emergency call.
17        6. Vehicles that are equipped and used exclusively as
18    organ transport vehicles when used in combination with red
19    oscillating, rotating, or flashing lights; furthermore,
20    these lights shall only be lighted when the transportation
21    is declared an emergency by a member of the transplant team
22    or a representative of the organ procurement organization.
23        7. Vehicles of the Illinois Emergency Management
24    Agency, vehicles of the Office of the Illinois State Fire
25    Marshal, vehicles of the Illinois Department of Public
26    Health, vehicles of the Illinois Department of

 

 

HB5540 Engrossed- 1238 -LRB099 16003 AMC 40320 b

1    Corrections, and vehicles of the Illinois Department of
2    Juvenile Justice, when used in combination with red
3    oscillating, rotating, or flashing lights.
4        8. Vehicles operated by a local or county emergency
5    management services agency as defined in the Illinois
6    Emergency Management Agency Act, when used in combination
7    with red oscillating, rotating, or flashing lights.
8        9. Vehicles of the Illinois Department of Natural
9    Resources that are used for mine rescue and explosives
10    emergency response, when used in combination with red
11    oscillating, rotating, or flashing lights.
12    (c-1) In addition to the blue oscillating, rotating, or
13flashing lights permitted under subsection (c), and
14notwithstanding subsection (a), a vehicle operated by a
15voluntary firefighter, a voluntary member of a rescue squad, or
16a member of a voluntary ambulance unit may be equipped with
17flashing white headlights and blue grill lights, which may be
18used only in responding to an emergency call or when parked or
19stationary at the scene of a fire, rescue call, ambulance call,
20or motor vehicle accident.
21    (c-2) In addition to the blue oscillating, rotating, or
22flashing lights permitted under subsection (c), and
23notwithstanding subsection (a), a vehicle operated by a paid or
24unpaid member of a local or county emergency management
25services agency as defined in the Illinois Emergency Management
26Agency Act, may be equipped with white oscillating, rotating,

 

 

HB5540 Engrossed- 1239 -LRB099 16003 AMC 40320 b

1or flashing lights to be used in combination with blue
2oscillating, rotating, or flashing lights, if authorization by
3local authorities is in writing and carried in the vehicle.
4    (d) The use of a combination of amber and white
5oscillating, rotating or flashing lights, whether lighted or
6unlighted, is prohibited except on second division vehicles
7designed and used for towing or hoisting vehicles or motor
8vehicles or equipment of the State of Illinois, local
9authorities, contractors, and union representatives;
10furthermore, such lights shall not be lighted on second
11division vehicles designed and used for towing or hoisting
12vehicles or vehicles of the State of Illinois, local
13authorities, and contractors except while such vehicles are
14engaged in a tow operation, highway maintenance, or
15construction operations within the limits of highway
16construction projects, and shall not be lighted on the vehicles
17of union representatives except when those vehicles are within
18the limits of a construction project.
19    (e) All oscillating, rotating or flashing lights referred
20to in this Section shall be of sufficient intensity, when
21illuminated, to be visible at 500 feet in normal sunlight.
22    (f) Nothing in this Section shall prohibit a manufacturer
23of oscillating, rotating or flashing lights or his
24representative or authorized vendor from temporarily mounting
25such lights on a vehicle for demonstration purposes only. If
26the lights are not covered while the vehicle is operated upon a

 

 

HB5540 Engrossed- 1240 -LRB099 16003 AMC 40320 b

1highway, the vehicle shall display signage indicating that the
2vehicle is out of service or not an emergency vehicle. The
3signage shall be displayed on all sides of the vehicle in
4letters at least 2 inches tall and one-half inch wide. A
5vehicle authorized to have oscillating, rotating, or flashing
6lights mounted for demonstration purposes may not activate the
7lights while the vehicle is operated upon a highway.
8    (g) Any person violating the provisions of subsections (a),
9(b), (c) or (d) of this Section who without lawful authority
10stops or detains or attempts to stop or detain another person
11shall be guilty of a Class 2 felony.
12    (h) Except as provided in subsection (g) above, any person
13violating the provisions of subsections (a) or (c) of this
14Section shall be guilty of a Class A misdemeanor.
15(Source: P.A. 98-80, eff. 7-15-13; 98-123, eff. 1-1-14; 98-468,
16eff. 8-16-13; 98-756, eff. 7-16-14; 98-873, eff. 1-1-15; 99-40,
17eff. 1-1-16; 99-78, eff. 7-20-15; 99-125, eff. 1-1-16; revised
1810-15-15.)
 
19    (625 ILCS 5/15-316)  (from Ch. 95 1/2, par. 15-316)
20    Sec. 15-316. When the Department or local authority may
21restrict right to use highways.
22    (a) Except as provided in subsection (g), local authorities
23with respect to highways under their jurisdiction may by
24ordinance or resolution prohibit the operation of vehicles upon
25any such highway or impose restrictions as to the weight of

 

 

HB5540 Engrossed- 1241 -LRB099 16003 AMC 40320 b

1vehicles to be operated upon any such highway, for a total
2period of not to exceed 90 days, measured in either consecutive
3or nonconsecutive days at the discretion of local authorities,
4in any one calendar year, whenever any said highway by reason
5of deterioration, rain, snow, or other climate conditions will
6be seriously damaged or destroyed unless the use of vehicles
7thereon is prohibited or the permissible weights thereof
8reduced.
9    (b) The local authority enacting any such ordinance or
10resolution shall erect or cause to be erected and maintained
11signs designating the provision of the ordinance or resolution
12at each end of that portion of any highway affected thereby,
13and the ordinance or resolution shall not be effective unless
14and until such signs are erected and maintained.
15    (c) Local authorities with respect to highways under their
16jurisdiction may also, by ordinance or resolution, prohibit the
17operation of trucks or other commercial vehicles, or may impose
18limitations as the weight thereof, on designated highways,
19which prohibitions and limitations shall be designated by
20appropriate signs placed on such highways.
21    (c-1) (Blank).
22    (c-5) Highway commissioners, with respect to roads under
23their authority, may not permanently post a road or portion
24thereof at a reduced weight limit unless the decision to do so
25is made in accordance with Section Sec. 6-201.22 of the
26Illinois Highway Code.

 

 

HB5540 Engrossed- 1242 -LRB099 16003 AMC 40320 b

1    (d) The Department shall likewise have authority as
2hereinbefore granted to local authorities to determine by
3resolution and to impose restrictions as to the weight of
4vehicles operated upon any highway under the jurisdiction of
5said department, and such restrictions shall be effective when
6signs giving notice thereof are erected upon the highway or
7portion of any highway affected by such resolution.
8    (d-1) (Blank).
9    (d-2) (Blank).
10    (e) When any vehicle is operated in violation of this
11Section, the owner or driver of the vehicle shall be deemed
12guilty of a violation and either the owner or the driver of the
13vehicle may be prosecuted for the violation. Any person, firm,
14or corporation convicted of violating this Section shall be
15fined $50 for any weight exceeding the posted limit up to the
16axle or gross weight limit allowed a vehicle as provided for in
17subsections (a) or (b) of Section 15-111 and $75 per every 500
18pounds or fraction thereof for any weight exceeding that which
19is provided for in subsections (a) or (b) of Section 15-111.
20    (f) A municipality is authorized to enforce a county weight
21limit ordinance applying to county highways within its
22corporate limits and is entitled to the proceeds of any fines
23collected from the enforcement.
24    (g) An ordinance or resolution enacted by a county or
25township pursuant to subsection (a) of this Section shall not
26apply to cargo tank vehicles with two or three permanent axles

 

 

HB5540 Engrossed- 1243 -LRB099 16003 AMC 40320 b

1when delivering propane for emergency heating purposes if the
2cargo tank is loaded at no more than 50 percent capacity, the
3gross vehicle weight of the vehicle does not exceed 32,000
4pounds, and the driver of the cargo tank vehicle notifies the
5appropriate agency or agencies with jurisdiction over the
6highway before driving the vehicle on the highway pursuant to
7this subsection. The cargo tank vehicle must have an operating
8gauge on the cargo tank which indicates the amount of propane
9as a percent of capacity of the cargo tank. The cargo tank must
10have the capacity displayed on the cargo tank, or documentation
11of the capacity of the cargo tank must be available in the
12vehicle. For the purposes of this subsection, propane weighs
134.2 pounds per gallon. This subsection does not apply to
14municipalities. Nothing in this subsection shall allow cargo
15tank vehicles to cross bridges with posted weight restrictions
16if the vehicle exceeds the posted weight limit.
17(Source: P.A. 99-168, eff. 1-1-16; 99-237, eff. 1-1-16; revised
1810-19-15.)
 
19    Section 530. The Juvenile Court Act of 1987 is amended by
20changing Sections 2-10, 3-12, and 5-530 as follows:
 
21    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
22    Sec. 2-10. Temporary custody hearing. At the appearance of
23the minor before the court at the temporary custody hearing,
24all witnesses present shall be examined before the court in

 

 

HB5540 Engrossed- 1244 -LRB099 16003 AMC 40320 b

1relation to any matter connected with the allegations made in
2the petition.
3    (1) If the court finds that there is not probable cause to
4believe that the minor is abused, neglected or dependent it
5shall release the minor and dismiss the petition.
6    (2) If the court finds that there is probable cause to
7believe that the minor is abused, neglected or dependent, the
8court shall state in writing the factual basis supporting its
9finding and the minor, his or her parent, guardian, custodian
10and other persons able to give relevant testimony shall be
11examined before the court. The Department of Children and
12Family Services shall give testimony concerning indicated
13reports of abuse and neglect, of which they are aware of
14through the central registry, involving the minor's parent,
15guardian or custodian. After such testimony, the court may,
16consistent with the health, safety and best interests of the
17minor, enter an order that the minor shall be released upon the
18request of parent, guardian or custodian if the parent,
19guardian or custodian appears to take custody. If it is
20determined that a parent's, guardian's, or custodian's
21compliance with critical services mitigates the necessity for
22removal of the minor from his or her home, the court may enter
23an Order of Protection setting forth reasonable conditions of
24behavior that a parent, guardian, or custodian must observe for
25a specified period of time, not to exceed 12 months, without a
26violation; provided, however, that the 12-month period shall

 

 

HB5540 Engrossed- 1245 -LRB099 16003 AMC 40320 b

1begin anew after any violation. Custodian shall include any
2agency of the State which has been given custody or wardship of
3the child. If it is consistent with the health, safety and best
4interests of the minor, the court may also prescribe shelter
5care and order that the minor be kept in a suitable place
6designated by the court or in a shelter care facility
7designated by the Department of Children and Family Services or
8a licensed child welfare agency; however, on and after January
91, 2015 (the effective date of Public Act 98-803) this
10amendatory Act of the 98th General Assembly and before January
111, 2017, a minor charged with a criminal offense under the
12Criminal Code of 1961 or the Criminal Code of 2012 or
13adjudicated delinquent shall not be placed in the custody of or
14committed to the Department of Children and Family Services by
15any court, except a minor less than 16 years of age and
16committed to the Department of Children and Family Services
17under Section 5-710 of this Act or a minor for whom an
18independent basis of abuse, neglect, or dependency exists; and
19on and after January 1, 2017, a minor charged with a criminal
20offense under the Criminal Code of 1961 or the Criminal Code of
212012 or adjudicated delinquent shall not be placed in the
22custody of or committed to the Department of Children and
23Family Services by any court, except a minor less than 15 years
24of age and committed to the Department of Children and Family
25Services under Section 5-710 of this Act or a minor for whom an
26independent basis of abuse, neglect, or dependency exists. An

 

 

HB5540 Engrossed- 1246 -LRB099 16003 AMC 40320 b

1independent basis exists when the allegations or adjudication
2of abuse, neglect, or dependency do not arise from the same
3facts, incident, or circumstances which give rise to a charge
4or adjudication of delinquency.
5    In placing the minor, the Department or other agency shall,
6to the extent compatible with the court's order, comply with
7Section 7 of the Children and Family Services Act. In
8determining the health, safety and best interests of the minor
9to prescribe shelter care, the court must find that it is a
10matter of immediate and urgent necessity for the safety and
11protection of the minor or of the person or property of another
12that the minor be placed in a shelter care facility or that he
13or she is likely to flee the jurisdiction of the court, and
14must further find that reasonable efforts have been made or
15that, consistent with the health, safety and best interests of
16the minor, no efforts reasonably can be made to prevent or
17eliminate the necessity of removal of the minor from his or her
18home. The court shall require documentation from the Department
19of Children and Family Services as to the reasonable efforts
20that were made to prevent or eliminate the necessity of removal
21of the minor from his or her home or the reasons why no efforts
22reasonably could be made to prevent or eliminate the necessity
23of removal. When a minor is placed in the home of a relative,
24the Department of Children and Family Services shall complete a
25preliminary background review of the members of the minor's
26custodian's household in accordance with Section 4.3 of the

 

 

HB5540 Engrossed- 1247 -LRB099 16003 AMC 40320 b

1Child Care Act of 1969 within 90 days of that placement. If the
2minor is ordered placed in a shelter care facility of the
3Department of Children and Family Services or a licensed child
4welfare agency, the court shall, upon request of the
5appropriate Department or other agency, appoint the Department
6of Children and Family Services Guardianship Administrator or
7other appropriate agency executive temporary custodian of the
8minor and the court may enter such other orders related to the
9temporary custody as it deems fit and proper, including the
10provision of services to the minor or his family to ameliorate
11the causes contributing to the finding of probable cause or to
12the finding of the existence of immediate and urgent necessity.
13    Where the Department of Children and Family Services
14Guardianship Administrator is appointed as the executive
15temporary custodian, the Department of Children and Family
16Services shall file with the court and serve on the parties a
17parent-child visiting plan, within 10 days, excluding weekends
18and holidays, after the appointment. The parent-child visiting
19plan shall set out the time and place of visits, the frequency
20of visits, the length of visits, who shall be present at the
21visits, and where appropriate, the minor's opportunities to
22have telephone and mail communication with the parents.
23    Where the Department of Children and Family Services
24Guardianship Administrator is appointed as the executive
25temporary custodian, and when the child has siblings in care,
26the Department of Children and Family Services shall file with

 

 

HB5540 Engrossed- 1248 -LRB099 16003 AMC 40320 b

1the court and serve on the parties a sibling placement and
2contact plan within 10 days, excluding weekends and holidays,
3after the appointment. The sibling placement and contact plan
4shall set forth whether the siblings are placed together, and
5if they are not placed together, what, if any, efforts are
6being made to place them together. If the Department has
7determined that it is not in a child's best interest to be
8placed with a sibling, the Department shall document in the
9sibling placement and contact plan the basis for its
10determination. For siblings placed separately, the sibling
11placement and contact plan shall set the time and place for
12visits, the frequency of the visits, the length of visits, who
13shall be present for the visits, and where appropriate, the
14child's opportunities to have contact with their siblings in
15addition to in person contact. If the Department determines it
16is not in the best interest of a sibling to have contact with a
17sibling, the Department shall document in the sibling placement
18and contact plan the basis for its determination. The sibling
19placement and contact plan shall specify a date for development
20of the Sibling Contact Support Plan, under subsection (f) of
21Section 7.4 of the Children and Family Services Act, and shall
22remain in effect until the Sibling Contact Support Plan is
23developed.
24     For good cause, the court may waive the requirement to
25file the parent-child visiting plan or the sibling placement
26and contact plan, or extend the time for filing either plan.

 

 

HB5540 Engrossed- 1249 -LRB099 16003 AMC 40320 b

1Any party may, by motion, request the court to review the
2parent-child visiting plan to determine whether it is
3reasonably calculated to expeditiously facilitate the
4achievement of the permanency goal. A party may, by motion,
5request the court to review the parent-child visiting plan or
6the sibling placement and contact plan to determine whether it
7is consistent with the minor's best interest. The court may
8refer the parties to mediation where available. The frequency,
9duration, and locations of visitation shall be measured by the
10needs of the child and family, and not by the convenience of
11Department personnel. Child development principles shall be
12considered by the court in its analysis of how frequent
13visitation should be, how long it should last, where it should
14take place, and who should be present. If upon motion of the
15party to review either plan and after receiving evidence, the
16court determines that the parent-child visiting plan is not
17reasonably calculated to expeditiously facilitate the
18achievement of the permanency goal or that the restrictions
19placed on parent-child contact or sibling placement or contact
20are contrary to the child's best interests, the court shall put
21in writing the factual basis supporting the determination and
22enter specific findings based on the evidence. The court shall
23enter an order for the Department to implement changes to the
24parent-child visiting plan or sibling placement or contact
25plan, consistent with the court's findings. At any stage of
26proceeding, any party may by motion request the court to enter

 

 

HB5540 Engrossed- 1250 -LRB099 16003 AMC 40320 b

1any orders necessary to implement the parent-child visiting
2plan, sibling placement or contact plan or subsequently
3developed Sibling Contact Support Plan. Nothing under this
4subsection (2) shall restrict the court from granting
5discretionary authority to the Department to increase
6opportunities for additional parent-child contacts or sibling
7contacts, without further court orders. Nothing in this
8subsection (2) shall restrict the Department from immediately
9restricting or terminating parent-child contact or sibling
10contacts, without either amending the parent-child visiting
11plan or the sibling contact plan or obtaining a court order,
12where the Department or its assigns reasonably believe that
13continuation of the contact, as set out in the plan, would be
14contrary to the child's health, safety, and welfare. The
15Department shall file with the court and serve on the parties
16any amendments to the plan within 10 days, excluding weekends
17and holidays, of the change of the visitation.
18    Acceptance of services shall not be considered an admission
19of any allegation in a petition made pursuant to this Act, nor
20may a referral of services be considered as evidence in any
21proceeding pursuant to this Act, except where the issue is
22whether the Department has made reasonable efforts to reunite
23the family. In making its findings that it is consistent with
24the health, safety and best interests of the minor to prescribe
25shelter care, the court shall state in writing (i) the factual
26basis supporting its findings concerning the immediate and

 

 

HB5540 Engrossed- 1251 -LRB099 16003 AMC 40320 b

1urgent necessity for the protection of the minor or of the
2person or property of another and (ii) the factual basis
3supporting its findings that reasonable efforts were made to
4prevent or eliminate the removal of the minor from his or her
5home or that no efforts reasonably could be made to prevent or
6eliminate the removal of the minor from his or her home. The
7parents, guardian, custodian, temporary custodian and minor
8shall each be furnished a copy of such written findings. The
9temporary custodian shall maintain a copy of the court order
10and written findings in the case record for the child. The
11order together with the court's findings of fact in support
12thereof shall be entered of record in the court.
13    Once the court finds that it is a matter of immediate and
14urgent necessity for the protection of the minor that the minor
15be placed in a shelter care facility, the minor shall not be
16returned to the parent, custodian or guardian until the court
17finds that such placement is no longer necessary for the
18protection of the minor.
19    If the child is placed in the temporary custody of the
20Department of Children and Family Services for his or her
21protection, the court shall admonish the parents, guardian,
22custodian or responsible relative that the parents must
23cooperate with the Department of Children and Family Services,
24comply with the terms of the service plans, and correct the
25conditions which require the child to be in care, or risk
26termination of their parental rights.

 

 

HB5540 Engrossed- 1252 -LRB099 16003 AMC 40320 b

1    (3) If prior to the shelter care hearing for a minor
2described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
3is unable to serve notice on the party respondent, the shelter
4care hearing may proceed ex parte ex-parte. A shelter care
5order from an ex parte ex-parte hearing shall be endorsed with
6the date and hour of issuance and shall be filed with the
7clerk's office and entered of record. The order shall expire
8after 10 days from the time it is issued unless before its
9expiration it is renewed, at a hearing upon appearance of the
10party respondent, or upon an affidavit of the moving party as
11to all diligent efforts to notify the party respondent by
12notice as herein prescribed. The notice prescribed shall be in
13writing and shall be personally delivered to the minor or the
14minor's attorney and to the last known address of the other
15person or persons entitled to notice. The notice shall also
16state the nature of the allegations, the nature of the order
17sought by the State, including whether temporary custody is
18sought, and the consequences of failure to appear and shall
19contain a notice that the parties will not be entitled to
20further written notices or publication notices of proceedings
21in this case, including the filing of an amended petition or a
22motion to terminate parental rights, except as required by
23Supreme Court Rule 11; and shall explain the right of the
24parties and the procedures to vacate or modify a shelter care
25order as provided in this Section. The notice for a shelter
26care hearing shall be substantially as follows:

 

 

HB5540 Engrossed- 1253 -LRB099 16003 AMC 40320 b

1
NOTICE TO PARENTS AND CHILDREN
2
OF SHELTER CARE HEARING
3        On ................ at ........., before the Honorable
4    ................, (address:) ................., the State
5    of Illinois will present evidence (1) that (name of child
6    or children) ....................... are abused, neglected
7    or dependent for the following reasons:
8    .............................................. and (2)
9    whether there is "immediate and urgent necessity" to remove
10    the child or children from the responsible relative.
11        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
12    PLACEMENT of the child or children in foster care until a
13    trial can be held. A trial may not be held for up to 90
14    days. You will not be entitled to further notices of
15    proceedings in this case, including the filing of an
16    amended petition or a motion to terminate parental rights.
17        At the shelter care hearing, parents have the following
18    rights:
19            1. To ask the court to appoint a lawyer if they
20        cannot afford one.
21            2. To ask the court to continue the hearing to
22        allow them time to prepare.
23            3. To present evidence concerning:
24                a. Whether or not the child or children were
25            abused, neglected or dependent.
26                b. Whether or not there is "immediate and

 

 

HB5540 Engrossed- 1254 -LRB099 16003 AMC 40320 b

1            urgent necessity" to remove the child from home
2            (including: their ability to care for the child,
3            conditions in the home, alternative means of
4            protecting the child other than removal).
5                c. The best interests of the child.
6            4. To cross examine the State's witnesses.
 
7    The Notice for rehearings shall be substantially as
8follows:
9
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
10
TO REHEARING ON TEMPORARY CUSTODY
11        If you were not present at and did not have adequate
12    notice of the Shelter Care Hearing at which temporary
13    custody of ............... was awarded to
14    ................, you have the right to request a full
15    rehearing on whether the State should have temporary
16    custody of ................. To request this rehearing,
17    you must file with the Clerk of the Juvenile Court
18    (address): ........................, in person or by
19    mailing a statement (affidavit) setting forth the
20    following:
21            1. That you were not present at the shelter care
22        hearing.
23            2. That you did not get adequate notice (explaining
24        how the notice was inadequate).
25            3. Your signature.

 

 

HB5540 Engrossed- 1255 -LRB099 16003 AMC 40320 b

1            4. Signature must be notarized.
2        The rehearing should be scheduled within 48 hours of
3    your filing this affidavit.
4        At the rehearing, your rights are the same as at the
5    initial shelter care hearing. The enclosed notice explains
6    those rights.
7        At the Shelter Care Hearing, children have the
8    following rights:
9            1. To have a guardian ad litem appointed.
10            2. To be declared competent as a witness and to
11        present testimony concerning:
12                a. Whether they are abused, neglected or
13            dependent.
14                b. Whether there is "immediate and urgent
15            necessity" to be removed from home.
16                c. Their best interests.
17            3. To cross examine witnesses for other parties.
18            4. To obtain an explanation of any proceedings and
19        orders of the court.
20    (4) If the parent, guardian, legal custodian, responsible
21relative, minor age 8 or over, or counsel of the minor did not
22have actual notice of or was not present at the shelter care
23hearing, he or she may file an affidavit setting forth these
24facts, and the clerk shall set the matter for rehearing not
25later than 48 hours, excluding Sundays and legal holidays,
26after the filing of the affidavit. At the rehearing, the court

 

 

HB5540 Engrossed- 1256 -LRB099 16003 AMC 40320 b

1shall proceed in the same manner as upon the original hearing.
2    (5) Only when there is reasonable cause to believe that the
3minor taken into custody is a person described in subsection
4(3) of Section 5-105 may the minor be kept or detained in a
5detention home or county or municipal jail. This Section shall
6in no way be construed to limit subsection (6).
7    (6) No minor under 16 years of age may be confined in a
8jail or place ordinarily used for the confinement of prisoners
9in a police station. Minors under 18 years of age must be kept
10separate from confined adults and may not at any time be kept
11in the same cell, room, or yard with adults confined pursuant
12to the criminal law.
13    (7) If the minor is not brought before a judicial officer
14within the time period as specified in Section 2-9, the minor
15must immediately be released from custody.
16    (8) If neither the parent, guardian or custodian appears
17within 24 hours to take custody of a minor released upon
18request pursuant to subsection (2) of this Section, then the
19clerk of the court shall set the matter for rehearing not later
20than 7 days after the original order and shall issue a summons
21directed to the parent, guardian or custodian to appear. At the
22same time the probation department shall prepare a report on
23the minor. If a parent, guardian or custodian does not appear
24at such rehearing, the judge may enter an order prescribing
25that the minor be kept in a suitable place designated by the
26Department of Children and Family Services or a licensed child

 

 

HB5540 Engrossed- 1257 -LRB099 16003 AMC 40320 b

1welfare agency.
2    (9) Notwithstanding any other provision of this Section any
3interested party, including the State, the temporary
4custodian, an agency providing services to the minor or family
5under a service plan pursuant to Section 8.2 of the Abused and
6Neglected Child Reporting Act, foster parent, or any of their
7representatives, on notice to all parties entitled to notice,
8may file a motion that it is in the best interests of the minor
9to modify or vacate a temporary custody order on any of the
10following grounds:
11        (a) It is no longer a matter of immediate and urgent
12    necessity that the minor remain in shelter care; or
13        (b) There is a material change in the circumstances of
14    the natural family from which the minor was removed and the
15    child can be cared for at home without endangering the
16    child's health or safety; or
17        (c) A person not a party to the alleged abuse, neglect
18    or dependency, including a parent, relative or legal
19    guardian, is capable of assuming temporary custody of the
20    minor; or
21        (d) Services provided by the Department of Children and
22    Family Services or a child welfare agency or other service
23    provider have been successful in eliminating the need for
24    temporary custody and the child can be cared for at home
25    without endangering the child's health or safety.
26    In ruling on the motion, the court shall determine whether

 

 

HB5540 Engrossed- 1258 -LRB099 16003 AMC 40320 b

1it is consistent with the health, safety and best interests of
2the minor to modify or vacate a temporary custody order.
3    The clerk shall set the matter for hearing not later than
414 days after such motion is filed. In the event that the court
5modifies or vacates a temporary custody order but does not
6vacate its finding of probable cause, the court may order that
7appropriate services be continued or initiated in behalf of the
8minor and his or her family.
9    (10) When the court finds or has found that there is
10probable cause to believe a minor is an abused minor as
11described in subsection (2) of Section 2-3 and that there is an
12immediate and urgent necessity for the abused minor to be
13placed in shelter care, immediate and urgent necessity shall be
14presumed for any other minor residing in the same household as
15the abused minor provided:
16        (a) Such other minor is the subject of an abuse or
17    neglect petition pending before the court; and
18        (b) A party to the petition is seeking shelter care for
19    such other minor.
20    Once the presumption of immediate and urgent necessity has
21been raised, the burden of demonstrating the lack of immediate
22and urgent necessity shall be on any party that is opposing
23shelter care for the other minor.
24    (11) The changes made to this Section by Public Act 98-61
25apply to a minor who has been arrested or taken into custody on
26or after January 1, 2014 (the effective date of Public Act

 

 

HB5540 Engrossed- 1259 -LRB099 16003 AMC 40320 b

198-61).
2(Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13;
398-61, eff. 1-1-14; 98-756, eff. 7-16-14; 98-803, eff. 1-1-15;
4revised 10-16-15.)
 
5    (705 ILCS 405/3-12)  (from Ch. 37, par. 803-12)
6    Sec. 3-12. Shelter care hearing. At the appearance of the
7minor before the court at the shelter care hearing, all
8witnesses present shall be examined before the court in
9relation to any matter connected with the allegations made in
10the petition.
11    (1) If the court finds that there is not probable cause to
12believe that the minor is a person requiring authoritative
13intervention, it shall release the minor and dismiss the
14petition.
15    (2) If the court finds that there is probable cause to
16believe that the minor is a person requiring authoritative
17intervention, the minor, his or her parent, guardian, custodian
18and other persons able to give relevant testimony shall be
19examined before the court. After such testimony, the court may
20enter an order that the minor shall be released upon the
21request of a parent, guardian or custodian if the parent,
22guardian or custodian appears to take custody. Custodian shall
23include any agency of the State which has been given custody or
24wardship of the child. The Court shall require documentation by
25representatives of the Department of Children and Family

 

 

HB5540 Engrossed- 1260 -LRB099 16003 AMC 40320 b

1Services or the probation department as to the reasonable
2efforts that were made to prevent or eliminate the necessity of
3removal of the minor from his or her home, and shall consider
4the testimony of any person as to those reasonable efforts. If
5the court finds that it is a matter of immediate and urgent
6necessity for the protection of the minor or of the person or
7property of another that the minor be placed in a shelter care
8facility, or that he or she is likely to flee the jurisdiction
9of the court, and further finds that reasonable efforts have
10been made or good cause has been shown why reasonable efforts
11cannot prevent or eliminate the necessity of removal of the
12minor from his or her home, the court may prescribe shelter
13care and order that the minor be kept in a suitable place
14designated by the court or in a shelter care facility
15designated by the Department of Children and Family Services or
16a licensed child welfare agency; otherwise it shall release the
17minor from custody. If the court prescribes shelter care, then
18in placing the minor, the Department or other agency shall, to
19the extent compatible with the court's order, comply with
20Section 7 of the Children and Family Services Act. If the minor
21is ordered placed in a shelter care facility of the Department
22of Children and Family Services or a licensed child welfare
23agency, the court shall, upon request of the Department or
24other agency, appoint the Department of Children and Family
25Services Guardianship Administrator or other appropriate
26agency executive temporary custodian of the minor and the court

 

 

HB5540 Engrossed- 1261 -LRB099 16003 AMC 40320 b

1may enter such other orders related to the temporary custody as
2it deems fit and proper, including the provision of services to
3the minor or his family to ameliorate the causes contributing
4to the finding of probable cause or to the finding of the
5existence of immediate and urgent necessity. Acceptance of
6services shall not be considered an admission of any allegation
7in a petition made pursuant to this Act, nor may a referral of
8services be considered as evidence in any proceeding pursuant
9to this Act, except where the issue is whether the Department
10has made reasonable efforts to reunite the family. In making
11its findings that reasonable efforts have been made or that
12good cause has been shown why reasonable efforts cannot prevent
13or eliminate the necessity of removal of the minor from his or
14her home, the court shall state in writing its findings
15concerning the nature of the services that were offered or the
16efforts that were made to prevent removal of the child and the
17apparent reasons that such services or efforts could not
18prevent the need for removal. The parents, guardian, custodian,
19temporary custodian and minor shall each be furnished a copy of
20such written findings. The temporary custodian shall maintain a
21copy of the court order and written findings in the case record
22for the child.
23    The order together with the court's findings of fact and
24support thereof shall be entered of record in the court.
25    Once the court finds that it is a matter of immediate and
26urgent necessity for the protection of the minor that the minor

 

 

HB5540 Engrossed- 1262 -LRB099 16003 AMC 40320 b

1be placed in a shelter care facility, the minor shall not be
2returned to the parent, custodian or guardian until the court
3finds that such placement is no longer necessary for the
4protection of the minor.
5    (3) If prior to the shelter care hearing for a minor
6described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is
7unable to serve notice on the party respondent, the shelter
8care hearing may proceed ex parte ex-parte. A shelter care
9order from an ex parte ex-parte hearing shall be endorsed with
10the date and hour of issuance and shall be filed with the
11clerk's office and entered of record. The order shall expire
12after 10 days from the time it is issued unless before its
13expiration it is renewed, at a hearing upon appearance of the
14party respondent, or upon an affidavit of the moving party as
15to all diligent efforts to notify the party respondent by
16notice as herein prescribed. The notice prescribed shall be in
17writing and shall be personally delivered to the minor or the
18minor's attorney and to the last known address of the other
19person or persons entitled to notice. The notice shall also
20state the nature of the allegations, the nature of the order
21sought by the State, including whether temporary custody is
22sought, and the consequences of failure to appear; and shall
23explain the right of the parties and the procedures to vacate
24or modify a shelter care order as provided in this Section. The
25notice for a shelter care hearing shall be substantially as
26follows:

 

 

HB5540 Engrossed- 1263 -LRB099 16003 AMC 40320 b

1
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
2    On ................ at ........., before the Honorable
3................, (address:) ................., the State of
4Illinois will present evidence (1) that (name of child or
5children) ....................... are abused, neglected or
6dependent for the following reasons:
7.............................................................
8and (2) that there is "immediate and urgent necessity" to
9remove the child or children from the responsible relative.
10    YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
11PLACEMENT of the child or children in foster care until a trial
12can be held. A trial may not be held for up to 90 days.
13    At the shelter care hearing, parents have the following
14rights:
15        1. To ask the court to appoint a lawyer if they cannot
16    afford one.
17        2. To ask the court to continue the hearing to allow
18    them time to prepare.
19        3. To present evidence concerning:
20            a. Whether or not the child or children were
21        abused, neglected or dependent.
22            b. Whether or not there is "immediate and urgent
23        necessity" to remove the child from home (including:
24        their ability to care for the child, conditions in the
25        home, alternative means of protecting the child other
26        than removal).

 

 

HB5540 Engrossed- 1264 -LRB099 16003 AMC 40320 b

1            c. The best interests of the child.
2        4. To cross examine the State's witnesses.
3    The Notice for rehearings shall be substantially as
4follows:
5
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
6
TO REHEARING ON TEMPORARY CUSTODY
7    If you were not present at and did not have adequate notice
8of the Shelter Care Hearing at which temporary custody of
9............... was awarded to ................, you have the
10right to request a full rehearing on whether the State should
11have temporary custody of ................. To request this
12rehearing, you must file with the Clerk of the Juvenile Court
13(address): ........................, in person or by mailing a
14statement (affidavit) setting forth the following:
15        1. That you were not present at the shelter care
16    hearing.
17        2. That you did not get adequate notice (explaining how
18    the notice was inadequate).
19        3. Your signature.
20        4. Signature must be notarized.
21    The rehearing should be scheduled within one day of your
22filing this affidavit.
23    At the rehearing, your rights are the same as at the
24initial shelter care hearing. The enclosed notice explains
25those rights.
26    At the Shelter Care Hearing, children have the following

 

 

HB5540 Engrossed- 1265 -LRB099 16003 AMC 40320 b

1rights:
2        1. To have a guardian ad litem appointed.
3        2. To be declared competent as a witness and to present
4    testimony concerning:
5            a. Whether they are abused, neglected or
6        dependent.
7            b. Whether there is "immediate and urgent
8        necessity" to be removed from home.
9            c. Their best interests.
10        3. To cross examine witnesses for other parties.
11        4. To obtain an explanation of any proceedings and
12    orders of the court.
13    (4) If the parent, guardian, legal custodian, responsible
14relative, or counsel of the minor did not have actual notice of
15or was not present at the shelter care hearing, he or she may
16file an affidavit setting forth these facts, and the clerk
17shall set the matter for rehearing not later than 48 hours,
18excluding Sundays and legal holidays, after the filing of the
19affidavit. At the rehearing, the court shall proceed in the
20same manner as upon the original hearing.
21    (5) Only when there is reasonable cause to believe that the
22minor taken into custody is a person described in subsection
23(3) of Section 5-105 may the minor be kept or detained in a
24detention home or county or municipal jail. This Section shall
25in no way be construed to limit subsection (6).
26    (6) No minor under 16 years of age may be confined in a

 

 

HB5540 Engrossed- 1266 -LRB099 16003 AMC 40320 b

1jail or place ordinarily used for the confinement of prisoners
2in a police station. Minors under 18 years of age must be kept
3separate from confined adults and may not at any time be kept
4in the same cell, room, or yard with adults confined pursuant
5to the criminal law.
6    (7) If the minor is not brought before a judicial officer
7within the time period specified in Section 3-11, the minor
8must immediately be released from custody.
9    (8) If neither the parent, guardian or custodian appears
10within 24 hours to take custody of a minor released upon
11request pursuant to subsection (2) of this Section, then the
12clerk of the court shall set the matter for rehearing not later
13than 7 days after the original order and shall issue a summons
14directed to the parent, guardian or custodian to appear. At the
15same time the probation department shall prepare a report on
16the minor. If a parent, guardian or custodian does not appear
17at such rehearing, the judge may enter an order prescribing
18that the minor be kept in a suitable place designated by the
19Department of Children and Family Services or a licensed child
20welfare agency.
21    (9) Notwithstanding any other provision of this Section,
22any interested party, including the State, the temporary
23custodian, an agency providing services to the minor or family
24under a service plan pursuant to Section 8.2 of the Abused and
25Neglected Child Reporting Act, foster parent, or any of their
26representatives, on notice to all parties entitled to notice,

 

 

HB5540 Engrossed- 1267 -LRB099 16003 AMC 40320 b

1may file a motion to modify or vacate a temporary custody order
2on any of the following grounds:
3        (a) It is no longer a matter of immediate and urgent
4    necessity that the minor remain in shelter care; or
5        (b) There is a material change in the circumstances of
6    the natural family from which the minor was removed; or
7        (c) A person, including a parent, relative or legal
8    guardian, is capable of assuming temporary custody of the
9    minor; or
10        (d) Services provided by the Department of Children and
11    Family Services or a child welfare agency or other service
12    provider have been successful in eliminating the need for
13    temporary custody.
14    The clerk shall set the matter for hearing not later than
1514 days after such motion is filed. In the event that the court
16modifies or vacates a temporary custody order but does not
17vacate its finding of probable cause, the court may order that
18appropriate services be continued or initiated in behalf of the
19minor and his or her family.
20    (10) The changes made to this Section by Public Act 98-61
21apply to a minor who has been arrested or taken into custody on
22or after January 1, 2014 (the effective date of Public Act
2398-61).
24(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised
2510-16-15.)
 

 

 

HB5540 Engrossed- 1268 -LRB099 16003 AMC 40320 b

1    (705 ILCS 405/5-530)
2    Sec. 5-530. Notice.
3    (1) A party presenting a supplemental or amended petition
4or motion to the court shall provide the other parties with a
5copy of any supplemental or amended petition, motion or
6accompanying affidavit not yet served upon that party, and
7shall file proof of that service, in accordance with
8subsections (2), (3), and (4) of this Section. Written notice
9of the date, time and place of the hearing, shall be provided
10to all parties in accordance with local court rules.
11    (2) (a) On whom made. If a party is represented by an
12attorney of record, service shall be made upon the attorney.
13Otherwise service shall be made upon the party.
14        (b) Method. Papers shall be served as follows:
15            (1) by delivering them to the attorney or party
16        personally;
17            (2) by leaving them in the office of the attorney
18        with his or her clerk, or with a person in charge of
19        the office; or if a party is not represented by
20        counsel, by leaving them at his or her residence with a
21        family member of the age of 10 years or upwards;
22            (3) by depositing them in the United States post
23        office or post-office box enclosed in an envelope,
24        plainly addressed to the attorney at his or her
25        business address, or to the party at his or her
26        business address or residence, with postage fully

 

 

HB5540 Engrossed- 1269 -LRB099 16003 AMC 40320 b

1        pre-paid; or
2            (4) by transmitting them via facsimile machine to
3        the office of the attorney or party, who has consented
4        to receiving service by facsimile transmission. Briefs
5        filed in reviewing courts shall be served in accordance
6        with Supreme Court Rule.
7                (i) A party or attorney electing to serve
8            pleading by facsimile must include on the
9            certificate of service transmitted the telephone
10            number of the sender's facsimile transmitting
11            device. Use of service by facsimile shall be deemed
12            consent by that party or attorney to receive
13            service by facsimile transmission. Any party may
14            rescind consent of service by facsimile
15            transmission in a case by filing with the court and
16            serving a notice on all parties or their attorneys
17            who have filed appearances that facsimile service
18            will not be accepted. A party or attorney who has
19            rescinded consent to service by facsimile
20            transmission in a case may not serve another party
21            or attorney by facsimile transmission in that
22            case.
23                (ii) Each page of notices and documents
24            transmitted by facsimile pursuant to this rule
25            should bear the circuit court number, the title of
26            the document, and the page number.

 

 

HB5540 Engrossed- 1270 -LRB099 16003 AMC 40320 b

1        (c) Multiple parties or attorneys. In cases in which
2    there are 2 or more minor-respondents who appear by
3    different attorneys, service on all papers shall be made on
4    the attorney for each of the parties. If one attorney
5    appears for several parties, he or she is entitled to only
6    one copy of any paper served upon him or her by the
7    opposite side. When more than one attorney appears for a
8    party, service of a copy upon one of them is sufficient.
9    (3)(a) Filing. When service of a paper is required, proof
10    of service shall be filed with the clerk.
11        (b) Manner of Proof. Service is proved:
12            (i) by written acknowledgement signed by the
13        person served;
14            (ii) in case of service by personal delivery, by
15        certificate of the attorney, or affidavit of a person,
16        other than that an attorney, who made delivery;
17            (iii) in case of service by mail, by certificate of
18        the attorney, or affidavit of a person other than the
19        attorney, who deposited the paper in the mail, stating
20        the time and place of mailing, the complete address
21        which appeared on the envelope, and the fact that
22        proper postage was pre-paid; or
23            (iv) in case of service by facsimile transmission,
24        by certificate of the attorney or affidavit of a person
25        other than the attorney, who transmitted the paper via
26        facsimile machine, stating the time and place of

 

 

HB5540 Engrossed- 1271 -LRB099 16003 AMC 40320 b

1        transmission, the telephone number to which the
2        transmission was sent and the number of pages
3        transmitted.
4        (c) Effective date of service by mail. Service by mail
5    is complete 4 days after mailing.
6        (d) Effective date of service by facsimile
7    transmission. Service by facsimile machine is complete on
8    the first court day following transmission.
9(Source: P.A. 90-590, eff. 1-1-99; revised 10-16-15.)
 
10    Section 535. The Criminal Code of 2012 is amended by
11changing Sections 7-5.5, 10-2, 11-1.30, 11-21, 12-2, 12-4.4a,
1224-3, and 26-1 as follows:
 
13    (720 ILCS 5/7-5.5)
14    Sec. 7-5.5. Prohibited use of force by a peace officer.
15    (a) A peace officer shall not use a chokehold in the
16performance of his or her duties, unless deadly force is
17justified under Article 7 of this Code.
18    (b) A peace officer shall not use a chokehold, or any
19lesser contact with the throat or neck area of another, in
20order to prevent the destruction of evidence by ingestion.
21    (c) As used in this Section, "chokehold" means applying any
22direct pressure to the throat, windpipe, or airway of another
23with the intent to reduce or prevent the intake of air.
24"Chokehold" does not include any holding involving contact with

 

 

HB5540 Engrossed- 1272 -LRB099 16003 AMC 40320 b

1the neck that is not intended to reduce the intake of air.
2(Source: P.A. 99-352, eff. 1-1-16; revised 10-16-15.)
 
3    (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)
4    Sec. 10-2. Aggravated kidnaping.
5    (a) A person commits the offense of aggravated kidnaping
6when he or she commits kidnapping and:
7        (1) kidnaps with the intent to obtain ransom from the
8    person kidnaped or from any other person;
9        (2) takes as his or her victim a child under the age of
10    13 years, or a person with a severe or profound
11    intellectual disability;
12        (3) inflicts great bodily harm, other than by the
13    discharge of a firearm, or commits another felony upon his
14    or her victim;
15        (4) wears a hood, robe, or mask or conceals his or her
16    identity;
17        (5) commits the offense of kidnaping while armed with a
18    dangerous weapon, other than a firearm, as defined in
19    Section 33A-1 of this Code;
20        (6) commits the offense of kidnaping while armed with a
21    firearm;
22        (7) during the commission of the offense of kidnaping,
23    personally discharges a firearm; or
24        (8) during the commission of the offense of kidnaping,
25    personally discharges a firearm that proximately causes

 

 

HB5540 Engrossed- 1273 -LRB099 16003 AMC 40320 b

1    great bodily harm, permanent disability, permanent
2    disfigurement, or death to another person.
3    As used in this Section, "ransom" includes money, benefit,
4or other valuable thing or concession.
5    (b) Sentence. Aggravated kidnaping in violation of
6paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
7Class X felony. A violation of subsection (a)(6) is a Class X
8felony for which 15 years shall be added to the term of
9imprisonment imposed by the court. A violation of subsection
10(a)(7) is a Class X felony for which 20 years shall be added to
11the term of imprisonment imposed by the court. A violation of
12subsection (a)(8) is a Class X felony for which 25 years or up
13to a term of natural life shall be added to the term of
14imprisonment imposed by the court. An offender under the age of
1518 years at the time of the commission of aggravated kidnaping
16in violation of paragraphs (1) through (8) of subsection (a)
17shall be sentenced under Section 5-4.5-105 of the Unified Code
18of Corrections.
19    A person who has attained the age of 18 years at the time
20of the commission of the offense and who is convicted of a
21second or subsequent offense of aggravated kidnaping shall be
22sentenced to a term of natural life imprisonment; except that a
23sentence of natural life imprisonment shall not be imposed
24under this Section unless the second or subsequent offense was
25committed after conviction on the first offense. An offender
26under the age of 18 years at the time of the commission of the

 

 

HB5540 Engrossed- 1274 -LRB099 16003 AMC 40320 b

1second or subsequent offense shall be sentenced under Section
25-4.5-105 of the Unified Code of Corrections.
3(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised
410-16-16.)
 
5    (720 ILCS 5/11-1.30)  (was 720 ILCS 5/12-14)
6    Sec. 11-1.30. Aggravated Criminal Sexual Assault.
7    (a) A person commits aggravated criminal sexual assault if
8that person commits criminal sexual assault and any of the
9following aggravating circumstances exist during the
10commission of the offense or, for purposes of paragraph (7),
11occur as part of the same course of conduct as the commission
12of the offense:
13        (1) the person displays, threatens to use, or uses a
14    dangerous weapon, other than a firearm, or any other object
15    fashioned or used in a manner that leads the victim, under
16    the circumstances, reasonably to believe that the object is
17    a dangerous weapon;
18        (2) the person causes bodily harm to the victim, except
19    as provided in paragraph (10);
20        (3) the person acts in a manner that threatens or
21    endangers the life of the victim or any other person;
22        (4) the person commits the criminal sexual assault
23    during the course of committing or attempting to commit any
24    other felony;
25        (5) the victim is 60 years of age or older;

 

 

HB5540 Engrossed- 1275 -LRB099 16003 AMC 40320 b

1        (6) the victim is a person with a physical disability;
2        (7) the person delivers (by injection, inhalation,
3    ingestion, transfer of possession, or any other means) any
4    controlled substance to the victim without the victim's
5    consent or by threat or deception for other than medical
6    purposes;
7        (8) the person is armed with a firearm;
8        (9) the person personally discharges a firearm during
9    the commission of the offense; or
10        (10) the person personally discharges a firearm during
11    the commission of the offense, and that discharge
12    proximately causes great bodily harm, permanent
13    disability, permanent disfigurement, or death to another
14    person.
15    (b) A person commits aggravated criminal sexual assault if
16that person is under 17 years of age and: (i) commits an act of
17sexual penetration with a victim who is under 9 years of age;
18or (ii) commits an act of sexual penetration with a victim who
19is at least 9 years of age but under 13 years of age and the
20person uses force or threat of force to commit the act.
21    (c) A person commits aggravated criminal sexual assault if
22that person commits an act of sexual penetration with a victim
23who is a person with a severe or profound intellectual
24disability.
25    (d) Sentence.
26        (1) Aggravated criminal sexual assault in violation of

 

 

HB5540 Engrossed- 1276 -LRB099 16003 AMC 40320 b

1    paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
2    or in violation of subsection (b) or (c) is a Class X
3    felony. A violation of subsection (a)(1) is a Class X
4    felony for which 10 years shall be added to the term of
5    imprisonment imposed by the court. A violation of
6    subsection (a)(8) is a Class X felony for which 15 years
7    shall be added to the term of imprisonment imposed by the
8    court. A violation of subsection (a)(9) is a Class X felony
9    for which 20 years shall be added to the term of
10    imprisonment imposed by the court. A violation of
11    subsection (a)(10) is a Class X felony for which 25 years
12    or up to a term of natural life imprisonment shall be added
13    to the term of imprisonment imposed by the court. An
14    offender under the age of 18 years at the time of the
15    commission of aggravated criminal sexual assault in
16    violation of paragraphs (1) through (10) of subsection (a)
17    shall be sentenced under Section 5-4.5-105 of the Unified
18    Code of Corrections.
19        (2) A person who has attained the age of 18 years at
20    the time of the commission of the offense and who is
21    convicted of a second or subsequent offense of aggravated
22    criminal sexual assault, or who is convicted of the offense
23    of aggravated criminal sexual assault after having
24    previously been convicted of the offense of criminal sexual
25    assault or the offense of predatory criminal sexual assault
26    of a child, or who is convicted of the offense of

 

 

HB5540 Engrossed- 1277 -LRB099 16003 AMC 40320 b

1    aggravated criminal sexual assault after having previously
2    been convicted under the laws of this or any other state of
3    an offense that is substantially equivalent to the offense
4    of criminal sexual assault, the offense of aggravated
5    criminal sexual assault or the offense of predatory
6    criminal sexual assault of a child, shall be sentenced to a
7    term of natural life imprisonment. The commission of the
8    second or subsequent offense is required to have been after
9    the initial conviction for this paragraph (2) to apply. An
10    offender under the age of 18 years at the time of the
11    commission of the offense covered by this paragraph (2)
12    shall be sentenced under Section 5-4.5-105 of the Unified
13    Code of Corrections.
14(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised
1510-16-15.)
 
16    (720 ILCS 5/11-21)  (from Ch. 38, par. 11-21)
17    Sec. 11-21. Harmful material.
18    (a) As used in this Section:
19        "Distribute" means to transfer possession of, whether
20    with or without consideration.
21        "Harmful to minors" means that quality of any
22    description or representation, in whatever form, of
23    nudity, sexual conduct, sexual excitement, or
24    sado-masochistic abuse, when, taken as a whole, it (i)
25    predominately appeals to the prurient interest in sex of

 

 

HB5540 Engrossed- 1278 -LRB099 16003 AMC 40320 b

1    minors, (ii) is patently offensive to prevailing standards
2    in the adult community in the State as a whole with respect
3    to what is suitable material for minors, and (iii) lacks
4    serious literary, artistic, political, or scientific value
5    for minors.
6        "Knowingly" means having knowledge of the contents of
7    the subject matter, or recklessly failing to exercise
8    reasonable inspection which would have disclosed the
9    contents.
10        "Material" means (i) any picture, photograph, drawing,
11    sculpture, film, video game, computer game, video or
12    similar visual depiction, including any such
13    representation or image which is stored electronically, or
14    (ii) any book, magazine, printed matter however
15    reproduced, or recorded audio of any sort.
16        "Minor" means any person under the age of 18.
17        "Nudity" means the showing of the human male or female
18    genitals, pubic area or buttocks with less than a fully
19    opaque covering, or the showing of the female breast with
20    less than a fully opaque covering of any portion below the
21    top of the nipple, or the depiction of covered male
22    genitals in a discernibly discernably turgid state.
23        "Sado-masochistic abuse" means flagellation or torture
24    by or upon a person clad in undergarments, a mask or
25    bizarre costume, or the condition of being fettered, bound
26    or otherwise physically restrained on the part of one

 

 

HB5540 Engrossed- 1279 -LRB099 16003 AMC 40320 b

1    clothed for sexual gratification or stimulation.
2        "Sexual conduct" means acts of masturbation, sexual
3    intercourse, or physical contact with a person's clothed or
4    unclothed genitals, pubic area, buttocks or, if such person
5    be a female, breast.
6        "Sexual excitement" means the condition of human male
7    or female genitals when in a state of sexual stimulation or
8    arousal.
9    (b) A person is guilty of distributing harmful material to
10a minor when he or she:
11        (1) knowingly sells, lends, distributes, exhibits to,
12    depicts to, or gives away to a minor, knowing that the
13    minor is under the age of 18 or failing to exercise
14    reasonable care in ascertaining the person's true age:
15            (A) any material which depicts nudity, sexual
16        conduct or sado-masochistic abuse, or which contains
17        explicit and detailed verbal descriptions or narrative
18        accounts of sexual excitement, sexual conduct or
19        sado-masochistic abuse, and which taken as a whole is
20        harmful to minors;
21            (B) a motion picture, show, or other presentation
22        which depicts nudity, sexual conduct or
23        sado-masochistic abuse and is harmful to minors; or
24            (C) an admission ticket or pass to premises where
25        there is exhibited or to be exhibited such a motion
26        picture, show, or other presentation; or

 

 

HB5540 Engrossed- 1280 -LRB099 16003 AMC 40320 b

1        (2) admits a minor to premises where there is exhibited
2    or to be exhibited such a motion picture, show, or other
3    presentation, knowing that the minor is a person under the
4    age of 18 or failing to exercise reasonable care in
5    ascertaining the person's true age.
6    (c) In any prosecution arising under this Section, it is an
7affirmative defense:
8        (1) that the minor as to whom the offense is alleged to
9    have been committed exhibited to the accused a draft card,
10    driver's license, birth certificate or other official or
11    apparently official document purporting to establish that
12    the minor was 18 years of age or older, which was relied
13    upon by the accused;
14        (2) that the defendant was in a parental or
15    guardianship relationship with the minor or that the minor
16    was accompanied by a parent or legal guardian;
17        (3) that the defendant was a bona fide school, museum,
18    or public library, or was a person acting in the course of
19    his or her employment as an employee or official of such
20    organization or retail outlet affiliated with and serving
21    the educational purpose of such organization;
22        (4) that the act charged was committed in aid of
23    legitimate scientific or educational purposes; or
24        (5) that an advertisement of harmful material as
25    defined in this Section culminated in the sale or
26    distribution of such harmful material to a child under

 

 

HB5540 Engrossed- 1281 -LRB099 16003 AMC 40320 b

1    circumstances where there was no personal confrontation of
2    the child by the defendant, his or her employees, or
3    agents, as where the order or request for such harmful
4    material was transmitted by mail, telephone, Internet or
5    similar means of communication, and delivery of such
6    harmful material to the child was by mail, freight,
7    Internet or similar means of transport, which
8    advertisement contained the following statement, or a
9    substantially similar statement, and that the defendant
10    required the purchaser to certify that he or she was not
11    under the age of 18 and that the purchaser falsely stated
12    that he or she was not under the age of 18: "NOTICE: It is
13    unlawful for any person under the age of 18 to purchase the
14    matter advertised. Any person under the age of 18 that
15    falsely states that he or she is not under the age of 18
16    for the purpose of obtaining the material advertised is
17    guilty of a Class B misdemeanor under the laws of the
18    State."
19    (d) The predominant appeal to prurient interest of the
20material shall be judged with reference to average children of
21the same general age of the child to whom such material was
22sold, lent, distributed or given, unless it appears from the
23nature of the matter or the circumstances of its dissemination
24or distribution that it is designed for specially susceptible
25groups, in which case the predominant appeal of the material
26shall be judged with reference to its intended or probable

 

 

HB5540 Engrossed- 1282 -LRB099 16003 AMC 40320 b

1recipient group.
2    (e) Distribution of harmful material in violation of this
3Section is a Class A misdemeanor. A second or subsequent
4offense is a Class 4 felony.
5    (f) Any person under the age of 18 who falsely states,
6either orally or in writing, that he or she is not under the
7age of 18, or who presents or offers to any person any evidence
8of age and identity that is false or not actually his or her
9own with the intent of ordering, obtaining, viewing, or
10otherwise procuring or attempting to procure or view any
11harmful material is guilty of a Class B misdemeanor.
12    (g) A person over the age of 18 who fails to exercise
13reasonable care in ascertaining the true age of a minor,
14knowingly distributes to, or sends, or causes to be sent, or
15exhibits to, or offers to distribute, or exhibits any harmful
16material to a person that he or she believes is a minor is
17guilty of a Class A misdemeanor. If that person utilized a
18computer web camera, cellular telephone, or any other type of
19device to manufacture the harmful material, then each offense
20is a Class 4 felony.
21    (h) Telecommunications carriers, commercial mobile service
22providers, and providers of information services, including,
23but not limited to, Internet service providers and hosting
24service providers, are not liable under this Section, except
25for willful and wanton misconduct, by virtue of the
26transmission, storage, or caching of electronic communications

 

 

HB5540 Engrossed- 1283 -LRB099 16003 AMC 40320 b

1or messages of others or by virtue of the provision of other
2related telecommunications, commercial mobile services, or
3information services used by others in violation of this
4Section.
5(Source: P.A. 95-983, eff. 6-1-09; 96-280, eff. 1-1-10;
696-1551, eff. 7-1-11; revised 10-16-15.)
 
7    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
8    Sec. 12-2. Aggravated assault.
9    (a) Offense based on location of conduct. A person commits
10aggravated assault when he or she commits an assault against an
11individual who is on or about a public way, public property, a
12public place of accommodation or amusement, or a sports venue.
13    (b) Offense based on status of victim. A person commits
14aggravated assault when, in committing an assault, he or she
15knows the individual assaulted to be any of the following:
16        (1) A person with a physical disability or a person 60
17    years of age or older and the assault is without legal
18    justification.
19        (2) A teacher or school employee upon school grounds or
20    grounds adjacent to a school or in any part of a building
21    used for school purposes.
22        (3) A park district employee upon park grounds or
23    grounds adjacent to a park or in any part of a building
24    used for park purposes.
25        (4) A community policing volunteer, private security

 

 

HB5540 Engrossed- 1284 -LRB099 16003 AMC 40320 b

1    officer, or utility worker:
2            (i) performing his or her official duties;
3            (ii) assaulted to prevent performance of his or her
4        official duties; or
5            (iii) assaulted in retaliation for performing his
6        or her official duties.
7        (4.1) A peace officer, fireman, emergency management
8    worker, or emergency medical technician:
9            (i) performing his or her official duties;
10            (ii) assaulted to prevent performance of his or her
11        official duties; or
12            (iii) assaulted in retaliation for performing his
13        or her official duties.
14        (5) A correctional officer or probation officer:
15            (i) performing his or her official duties;
16            (ii) assaulted to prevent performance of his or her
17        official duties; or
18            (iii) assaulted in retaliation for performing his
19        or her official duties.
20        (6) A correctional institution employee, a county
21    juvenile detention center employee who provides direct and
22    continuous supervision of residents of a juvenile
23    detention center, including a county juvenile detention
24    center employee who supervises recreational activity for
25    residents of a juvenile detention center, or a Department
26    of Human Services employee, Department of Human Services

 

 

HB5540 Engrossed- 1285 -LRB099 16003 AMC 40320 b

1    officer, or employee of a subcontractor of the Department
2    of Human Services supervising or controlling sexually
3    dangerous persons or sexually violent persons:
4            (i) performing his or her official duties;
5            (ii) assaulted to prevent performance of his or her
6        official duties; or
7            (iii) assaulted in retaliation for performing his
8        or her official duties.
9        (7) An employee of the State of Illinois, a municipal
10    corporation therein, or a political subdivision thereof,
11    performing his or her official duties.
12        (8) A transit employee performing his or her official
13    duties, or a transit passenger.
14        (9) A sports official or coach actively participating
15    in any level of athletic competition within a sports venue,
16    on an indoor playing field or outdoor playing field, or
17    within the immediate vicinity of such a facility or field.
18        (10) A person authorized to serve process under Section
19    2-202 of the Code of Civil Procedure or a special process
20    server appointed by the circuit court, while that
21    individual is in the performance of his or her duties as a
22    process server.
23    (c) Offense based on use of firearm, device, or motor
24vehicle. A person commits aggravated assault when, in
25committing an assault, he or she does any of the following:
26        (1) Uses a deadly weapon, an air rifle as defined in

 

 

HB5540 Engrossed- 1286 -LRB099 16003 AMC 40320 b

1    Section 24.8-0.1 of this Act, or any device manufactured
2    and designed to be substantially similar in appearance to a
3    firearm, other than by discharging a firearm.
4        (2) Discharges a firearm, other than from a motor
5    vehicle.
6        (3) Discharges a firearm from a motor vehicle.
7        (4) Wears a hood, robe, or mask to conceal his or her
8    identity.
9        (5) Knowingly and without lawful justification shines
10    or flashes a laser gun sight or other laser device attached
11    to a firearm, or used in concert with a firearm, so that
12    the laser beam strikes near or in the immediate vicinity of
13    any person.
14        (6) Uses a firearm, other than by discharging the
15    firearm, against a peace officer, community policing
16    volunteer, fireman, private security officer, emergency
17    management worker, emergency medical technician, employee
18    of a police department, employee of a sheriff's department,
19    or traffic control municipal employee:
20            (i) performing his or her official duties;
21            (ii) assaulted to prevent performance of his or her
22        official duties; or
23            (iii) assaulted in retaliation for performing his
24        or her official duties.
25        (7) Without justification operates a motor vehicle in a
26    manner which places a person, other than a person listed in

 

 

HB5540 Engrossed- 1287 -LRB099 16003 AMC 40320 b

1    subdivision (b)(4), in reasonable apprehension of being
2    struck by the moving motor vehicle.
3        (8) Without justification operates a motor vehicle in a
4    manner which places a person listed in subdivision (b)(4),
5    in reasonable apprehension of being struck by the moving
6    motor vehicle.
7        (9) Knowingly video or audio records the offense with
8    the intent to disseminate the recording.
9    (d) Sentence. Aggravated assault as defined in subdivision
10(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
11(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
12aggravated assault as defined in subdivision (b)(4) and (b)(7)
13is a Class 4 felony if a Category I, Category II, or Category
14III weapon is used in the commission of the assault. Aggravated
15assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
16(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
17Aggravated assault as defined in subdivision (c)(3) or (c)(8)
18is a Class 3 felony.
19    (e) For the purposes of this Section, "Category I weapon",
20"Category II weapon, and "Category III weapon" have the
21meanings ascribed to those terms in Section 33A-1 of this Code.
22(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
23eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)
 
24    (720 ILCS 5/12-4.4a)
25    Sec. 12-4.4a. Abuse or criminal neglect of a long term care

 

 

HB5540 Engrossed- 1288 -LRB099 16003 AMC 40320 b

1facility resident; criminal abuse or neglect of an elderly
2person or person with a disability.
3    (a) Abuse or criminal neglect of a long term care facility
4resident.
5        (1) A person or an owner or licensee commits abuse of a
6    long term care facility resident when he or she knowingly
7    causes any physical or mental injury to, or commits any
8    sexual offense in this Code against, a resident.
9        (2) A person or an owner or licensee commits criminal
10    neglect of a long term care facility resident when he or
11    she recklessly:
12            (A) performs acts that cause a resident's life to
13        be endangered, health to be injured, or pre-existing
14        physical or mental condition to deteriorate, or that
15        create the substantial likelihood that an elderly
16        person's or person with a disability's life will be
17        endangered, health will be injured, or pre-existing
18        physical or mental condition will deteriorate;
19            (B) fails to perform acts that he or she knows or
20        reasonably should know are necessary to maintain or
21        preserve the life or health of a resident, and that
22        failure causes the resident's life to be endangered,
23        health to be injured, or pre-existing physical or
24        mental condition to deteriorate, or that create the
25        substantial likelihood that an elderly person's or
26        person with a disability's life will be endangered,

 

 

HB5540 Engrossed- 1289 -LRB099 16003 AMC 40320 b

1        health will be injured, or pre-existing physical or
2        mental condition will deteriorate; or
3            (C) abandons a resident.
4        (3) A person or an owner or licensee commits neglect of
5    a long term care facility resident when he or she
6    negligently fails to provide adequate medical care,
7    personal care, or maintenance to the resident which results
8    in physical or mental injury or deterioration of the
9    resident's physical or mental condition. An owner or
10    licensee is guilty under this subdivision (a)(3), however,
11    only if the owner or licensee failed to exercise reasonable
12    care in the hiring, training, supervising, or providing of
13    staff or other related routine administrative
14    responsibilities.
15    (b) Criminal abuse or neglect of an elderly person or
16person with a disability.
17        (1) A caregiver commits criminal abuse or neglect of an
18    elderly person or person with a disability when he or she
19    knowingly does any of the following:
20            (A) performs acts that cause the person's life to
21        be endangered, health to be injured, or pre-existing
22        physical or mental condition to deteriorate;
23            (B) fails to perform acts that he or she knows or
24        reasonably should know are necessary to maintain or
25        preserve the life or health of the person, and that
26        failure causes the person's life to be endangered,

 

 

HB5540 Engrossed- 1290 -LRB099 16003 AMC 40320 b

1        health to be injured, or pre-existing physical or
2        mental condition to deteriorate;
3            (C) abandons the person;
4            (D) physically abuses, harasses, intimidates, or
5        interferes with the personal liberty of the person; or
6            (E) exposes the person to willful deprivation.
7        (2) It is not a defense to criminal abuse or neglect of
8    an elderly person or person with a disability that the
9    caregiver reasonably believed that the victim was not an
10    elderly person or person with a disability.
11    (c) Offense not applicable.
12        (1) Nothing in this Section applies to a physician
13    licensed to practice medicine in all its branches or a duly
14    licensed nurse providing care within the scope of his or
15    her professional judgment and within the accepted
16    standards of care within the community.
17        (2) Nothing in this Section imposes criminal liability
18    on a caregiver who made a good faith effort to provide for
19    the health and personal care of an elderly person or person
20    with a disability, but through no fault of his or her own
21    was unable to provide such care.
22        (3) Nothing in this Section applies to the medical
23    supervision, regulation, or control of the remedial care or
24    treatment of residents in a long term care facility
25    conducted for those who rely upon treatment by prayer or
26    spiritual means in accordance with the creed or tenets of

 

 

HB5540 Engrossed- 1291 -LRB099 16003 AMC 40320 b

1    any well-recognized church or religious denomination as
2    described in Section 3-803 of the Nursing Home Care Act,
3    Section 1-102 of the Specialized Mental Health
4    Rehabilitation Act of 2013, Section 3-803 of the ID/DD
5    Community Care Act, or Section 3-803 of the MC/DD Act.
6        (4) Nothing in this Section prohibits a caregiver from
7    providing treatment to an elderly person or person with a
8    disability by spiritual means through prayer alone and care
9    consistent therewith in lieu of medical care and treatment
10    in accordance with the tenets and practices of any church
11    or religious denomination of which the elderly person or
12    person with a disability is a member.
13        (5) Nothing in this Section limits the remedies
14    available to the victim under the Illinois Domestic
15    Violence Act of 1986.
16    (d) Sentence.
17        (1) Long term care facility. Abuse of a long term care
18    facility resident is a Class 3 felony. Criminal neglect of
19    a long term care facility resident is a Class 4 felony,
20    unless it results in the resident's death in which case it
21    is a Class 3 felony. Neglect of a long term care facility
22    resident is a petty offense.
23        (2) Caregiver. Criminal abuse or neglect of an elderly
24    person or person with a disability is a Class 3 felony,
25    unless it results in the person's death in which case it is
26    a Class 2 felony, and if imprisonment is imposed it shall

 

 

HB5540 Engrossed- 1292 -LRB099 16003 AMC 40320 b

1    be for a minimum term of 3 years and a maximum term of 14
2    years.
3    (e) Definitions. For the purposes of this Section:
4    "Abandon" means to desert or knowingly forsake a resident
5or an elderly person or person with a disability under
6circumstances in which a reasonable person would continue to
7provide care and custody.
8    "Caregiver" means a person who has a duty to provide for an
9elderly person or person with a disability's health and
10personal care, at the elderly person or person with a
11disability's place of residence, including, but not limited to,
12food and nutrition, shelter, hygiene, prescribed medication,
13and medical care and treatment, and includes any of the
14following:
15        (1) A parent, spouse, adult child, or other relative by
16    blood or marriage who resides with or resides in the same
17    building with or regularly visits the elderly person or
18    person with a disability, knows or reasonably should know
19    of such person's physical or mental impairment, and knows
20    or reasonably should know that such person is unable to
21    adequately provide for his or her own health and personal
22    care.
23        (2) A person who is employed by the elderly person or
24    person with a disability or by another to reside with or
25    regularly visit the elderly person or person with a
26    disability and provide for such person's health and

 

 

HB5540 Engrossed- 1293 -LRB099 16003 AMC 40320 b

1    personal care.
2        (3) A person who has agreed for consideration to reside
3    with or regularly visit the elderly person or person with a
4    disability and provide for such person's health and
5    personal care.
6        (4) A person who has been appointed by a private or
7    public agency or by a court of competent jurisdiction to
8    provide for the elderly person or person with a
9    disability's health and personal care.
10    "Caregiver" does not include a long-term care facility
11licensed or certified under the Nursing Home Care Act or a
12facility licensed or certified under the ID/DD Community Care
13Act, the MC/DD Act, or the Specialized Mental Health
14Rehabilitation Act of 2013, or any administrative, medical, or
15other personnel of such a facility, or a health care provider
16who is licensed under the Medical Practice Act of 1987 and
17renders care in the ordinary course of his or her profession.
18    "Elderly person" means a person 60 years of age or older
19who is incapable of adequately providing for his or her own
20health and personal care.
21    "Licensee" means the individual or entity licensed to
22operate a facility under the Nursing Home Care Act, the
23Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
24Community Care Act, the MC/DD Act, or the Assisted Living and
25Shared Housing Act.
26    "Long term care facility" means a private home,

 

 

HB5540 Engrossed- 1294 -LRB099 16003 AMC 40320 b

1institution, building, residence, or other place, whether
2operated for profit or not, or a county home for the infirm and
3chronically ill operated pursuant to Division 5-21 or 5-22 of
4the Counties Code, or any similar institution operated by the
5State of Illinois or a political subdivision thereof, which
6provides, through its ownership or management, personal care,
7sheltered care, or nursing for 3 or more persons not related to
8the owner by blood or marriage. The term also includes skilled
9nursing facilities and intermediate care facilities as defined
10in Titles XVIII and XIX of the federal Social Security Act and
11assisted living establishments and shared housing
12establishments licensed under the Assisted Living and Shared
13Housing Act.
14    "Owner" means the owner of a long term care facility as
15provided in the Nursing Home Care Act, the owner of a facility
16as provided under the Specialized Mental Health Rehabilitation
17Act of 2013, the owner of a facility as provided in the ID/DD
18Community Care Act, the owner of a facility as provided in the
19MC/DD Act, or the owner of an assisted living or shared housing
20establishment as provided in the Assisted Living and Shared
21Housing Act.
22    "Person with a disability" means a person who suffers from
23a permanent physical or mental impairment, resulting from
24disease, injury, functional disorder, or congenital condition,
25which renders the person incapable of adequately providing for
26his or her own health and personal care.

 

 

HB5540 Engrossed- 1295 -LRB099 16003 AMC 40320 b

1    "Resident" means a person residing in a long term care
2facility.
3    "Willful deprivation" has the meaning ascribed to it in
4paragraph (15) of Section 103 of the Illinois Domestic Violence
5Act of 1986.
6(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
7revised 10-16-15.)
 
8    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
9    Sec. 24-3. Unlawful sale or delivery of firearms.
10    (A) A person commits the offense of unlawful sale or
11delivery of firearms when he or she knowingly does any of the
12following:
13        (a) Sells or gives any firearm of a size which may be
14    concealed upon the person to any person under 18 years of
15    age.
16        (b) Sells or gives any firearm to a person under 21
17    years of age who has been convicted of a misdemeanor other
18    than a traffic offense or adjudged delinquent.
19        (c) Sells or gives any firearm to any narcotic addict.
20        (d) Sells or gives any firearm to any person who has
21    been convicted of a felony under the laws of this or any
22    other jurisdiction.
23        (e) Sells or gives any firearm to any person who has
24    been a patient in a mental institution within the past 5
25    years. In this subsection (e):

 

 

HB5540 Engrossed- 1296 -LRB099 16003 AMC 40320 b

1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used primarily
4        for the care or treatment of persons with mental
5        illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness.
12        (f) Sells or gives any firearms to any person who is a
13    person with an intellectual disability.
14        (g) Delivers any firearm of a size which may be
15    concealed upon the person, incidental to a sale, without
16    withholding delivery of such firearm for at least 72 hours
17    after application for its purchase has been made, or
18    delivers any rifle, shotgun or other long gun, or a stun
19    gun or taser, incidental to a sale, without withholding
20    delivery of such rifle, shotgun or other long gun, or a
21    stun gun or taser for at least 24 hours after application
22    for its purchase has been made. However, this paragraph (g)
23    does not apply to: (1) the sale of a firearm to a law
24    enforcement officer if the seller of the firearm knows that
25    the person to whom he or she is selling the firearm is a
26    law enforcement officer or the sale of a firearm to a

 

 

HB5540 Engrossed- 1297 -LRB099 16003 AMC 40320 b

1    person who desires to purchase a firearm for use in
2    promoting the public interest incident to his or her
3    employment as a bank guard, armed truck guard, or other
4    similar employment; (2) a mail order sale of a firearm from
5    a federally licensed firearms dealer to a nonresident of
6    Illinois under which the firearm is mailed to a federally
7    licensed firearms dealer outside the boundaries of
8    Illinois; (3) the sale of a firearm to a nonresident of
9    Illinois while at a firearm showing or display recognized
10    by the Illinois Department of State Police; (4) the sale of
11    a firearm to a dealer licensed as a federal firearms dealer
12    under Section 923 of the federal Gun Control Act of 1968
13    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
14    shotgun, or other long gun to a resident registered
15    competitor or attendee or non-resident registered
16    competitor or attendee by any dealer licensed as a federal
17    firearms dealer under Section 923 of the federal Gun
18    Control Act of 1968 at competitive shooting events held at
19    the World Shooting Complex sanctioned by a national
20    governing body. For purposes of transfers or sales under
21    subparagraph (5) of this paragraph (g), the Department of
22    Natural Resources shall give notice to the Department of
23    State Police at least 30 calendar days prior to any
24    competitive shooting events at the World Shooting Complex
25    sanctioned by a national governing body. The notification
26    shall be made on a form prescribed by the Department of

 

 

HB5540 Engrossed- 1298 -LRB099 16003 AMC 40320 b

1    State Police. The sanctioning body shall provide a list of
2    all registered competitors and attendees at least 24 hours
3    before the events to the Department of State Police. Any
4    changes to the list of registered competitors and attendees
5    shall be forwarded to the Department of State Police as
6    soon as practicable. The Department of State Police must
7    destroy the list of registered competitors and attendees no
8    later than 30 days after the date of the event. Nothing in
9    this paragraph (g) relieves a federally licensed firearm
10    dealer from the requirements of conducting a NICS
11    background check through the Illinois Point of Contact
12    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
13    "application" means when the buyer and seller reach an
14    agreement to purchase a firearm. For purposes of this
15    paragraph (g), "national governing body" means a group of
16    persons who adopt rules and formulate policy on behalf of a
17    national firearm sporting organization.
18        (h) While holding any license as a dealer, importer,
19    manufacturer or pawnbroker under the federal Gun Control
20    Act of 1968, manufactures, sells or delivers to any
21    unlicensed person a handgun having a barrel, slide, frame
22    or receiver which is a die casting of zinc alloy or any
23    other nonhomogeneous metal which will melt or deform at a
24    temperature of less than 800 degrees Fahrenheit. For
25    purposes of this paragraph, (1) "firearm" is defined as in
26    the Firearm Owners Identification Card Act; and (2)

 

 

HB5540 Engrossed- 1299 -LRB099 16003 AMC 40320 b

1    "handgun" is defined as a firearm designed to be held and
2    fired by the use of a single hand, and includes a
3    combination of parts from which such a firearm can be
4    assembled.
5        (i) Sells or gives a firearm of any size to any person
6    under 18 years of age who does not possess a valid Firearm
7    Owner's Identification Card.
8        (j) Sells or gives a firearm while engaged in the
9    business of selling firearms at wholesale or retail without
10    being licensed as a federal firearms dealer under Section
11    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
12    In this paragraph (j):
13        A person "engaged in the business" means a person who
14    devotes time, attention, and labor to engaging in the
15    activity as a regular course of trade or business with the
16    principal objective of livelihood and profit, but does not
17    include a person who makes occasional repairs of firearms
18    or who occasionally fits special barrels, stocks, or
19    trigger mechanisms to firearms.
20        "With the principal objective of livelihood and
21    profit" means that the intent underlying the sale or
22    disposition of firearms is predominantly one of obtaining
23    livelihood and pecuniary gain, as opposed to other intents,
24    such as improving or liquidating a personal firearms
25    collection; however, proof of profit shall not be required
26    as to a person who engages in the regular and repetitive

 

 

HB5540 Engrossed- 1300 -LRB099 16003 AMC 40320 b

1    purchase and disposition of firearms for criminal purposes
2    or terrorism.
3        (k) Sells or transfers ownership of a firearm to a
4    person who does not display to the seller or transferor of
5    the firearm either: (1) a currently valid Firearm Owner's
6    Identification Card that has previously been issued in the
7    transferee's name by the Department of State Police under
8    the provisions of the Firearm Owners Identification Card
9    Act; or (2) a currently valid license to carry a concealed
10    firearm that has previously been issued in the transferee's
11    name by the Department of State Police under the Firearm
12    Concealed Carry Act. This paragraph (k) does not apply to
13    the transfer of a firearm to a person who is exempt from
14    the requirement of possessing a Firearm Owner's
15    Identification Card under Section 2 of the Firearm Owners
16    Identification Card Act. For the purposes of this Section,
17    a currently valid Firearm Owner's Identification Card
18    means (i) a Firearm Owner's Identification Card that has
19    not expired or (ii) an approval number issued in accordance
20    with subsection (a-10) of subsection 3 or Section 3.1 of
21    the Firearm Owners Identification Card Act shall be proof
22    that the Firearm Owner's Identification Card was valid.
23            (1) In addition to the other requirements of this
24        paragraph (k), all persons who are not federally
25        licensed firearms dealers must also have complied with
26        subsection (a-10) of Section 3 of the Firearm Owners

 

 

HB5540 Engrossed- 1301 -LRB099 16003 AMC 40320 b

1        Identification Card Act by determining the validity of
2        a purchaser's Firearm Owner's Identification Card.
3            (2) All sellers or transferors who have complied
4        with the requirements of subparagraph (1) of this
5        paragraph (k) shall not be liable for damages in any
6        civil action arising from the use or misuse by the
7        transferee of the firearm transferred, except for
8        willful or wanton misconduct on the part of the seller
9        or transferor.
10        (l) Not being entitled to the possession of a firearm,
11    delivers the firearm, knowing it to have been stolen or
12    converted. It may be inferred that a person who possesses a
13    firearm with knowledge that its serial number has been
14    removed or altered has knowledge that the firearm is stolen
15    or converted.
16    (B) Paragraph (h) of subsection (A) does not include
17firearms sold within 6 months after enactment of Public Act
1878-355 (approved August 21, 1973, effective October 1, 1973),
19nor is any firearm legally owned or possessed by any citizen or
20purchased by any citizen within 6 months after the enactment of
21Public Act 78-355 subject to confiscation or seizure under the
22provisions of that Public Act. Nothing in Public Act 78-355
23shall be construed to prohibit the gift or trade of any firearm
24if that firearm was legally held or acquired within 6 months
25after the enactment of that Public Act.
26    (C) Sentence.

 

 

HB5540 Engrossed- 1302 -LRB099 16003 AMC 40320 b

1        (1) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (c), (e), (f), (g),
3    or (h) of subsection (A) commits a Class 4 felony.
4        (2) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (b) or (i) of
6    subsection (A) commits a Class 3 felony.
7        (3) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (a) of subsection (A)
9    commits a Class 2 felony.
10        (4) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (a), (b), or (i) of
12    subsection (A) in any school, on the real property
13    comprising a school, within 1,000 feet of the real property
14    comprising a school, at a school related activity, or on or
15    within 1,000 feet of any conveyance owned, leased, or
16    contracted by a school or school district to transport
17    students to or from school or a school related activity,
18    regardless of the time of day or time of year at which the
19    offense was committed, commits a Class 1 felony. Any person
20    convicted of a second or subsequent violation of unlawful
21    sale or delivery of firearms in violation of paragraph (a),
22    (b), or (i) of subsection (A) in any school, on the real
23    property comprising a school, within 1,000 feet of the real
24    property comprising a school, at a school related activity,
25    or on or within 1,000 feet of any conveyance owned, leased,
26    or contracted by a school or school district to transport

 

 

HB5540 Engrossed- 1303 -LRB099 16003 AMC 40320 b

1    students to or from school or a school related activity,
2    regardless of the time of day or time of year at which the
3    offense was committed, commits a Class 1 felony for which
4    the sentence shall be a term of imprisonment of no less
5    than 5 years and no more than 15 years.
6        (5) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (a) or (i) of
8    subsection (A) in residential property owned, operated, or
9    managed by a public housing agency or leased by a public
10    housing agency as part of a scattered site or mixed-income
11    development, in a public park, in a courthouse, on
12    residential property owned, operated, or managed by a
13    public housing agency or leased by a public housing agency
14    as part of a scattered site or mixed-income development, on
15    the real property comprising any public park, on the real
16    property comprising any courthouse, or on any public way
17    within 1,000 feet of the real property comprising any
18    public park, courthouse, or residential property owned,
19    operated, or managed by a public housing agency or leased
20    by a public housing agency as part of a scattered site or
21    mixed-income development commits a Class 2 felony.
22        (6) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (j) of subsection (A)
24    commits a Class A misdemeanor. A second or subsequent
25    violation is a Class 4 felony.
26        (7) Any person convicted of unlawful sale or delivery

 

 

HB5540 Engrossed- 1304 -LRB099 16003 AMC 40320 b

1    of firearms in violation of paragraph (k) of subsection (A)
2    commits a Class 4 felony, except that a violation of
3    subparagraph (1) of paragraph (k) of subsection (A) shall
4    not be punishable as a crime or petty offense. A third or
5    subsequent conviction for a violation of paragraph (k) of
6    subsection (A) is a Class 1 felony.
7        (8) A person 18 years of age or older convicted of
8    unlawful sale or delivery of firearms in violation of
9    paragraph (a) or (i) of subsection (A), when the firearm
10    that was sold or given to another person under 18 years of
11    age was used in the commission of or attempt to commit a
12    forcible felony, shall be fined or imprisoned, or both, not
13    to exceed the maximum provided for the most serious
14    forcible felony so committed or attempted by the person
15    under 18 years of age who was sold or given the firearm.
16        (9) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (d) of subsection (A)
18    commits a Class 3 felony.
19        (10) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (l) of subsection (A)
21    commits a Class 2 felony if the delivery is of one firearm.
22    Any person convicted of unlawful sale or delivery of
23    firearms in violation of paragraph (l) of subsection (A)
24    commits a Class 1 felony if the delivery is of not less
25    than 2 and not more than 5 firearms at the same time or
26    within a one year period. Any person convicted of unlawful

 

 

HB5540 Engrossed- 1305 -LRB099 16003 AMC 40320 b

1    sale or delivery of firearms in violation of paragraph (l)
2    of subsection (A) commits a Class X felony for which he or
3    she shall be sentenced to a term of imprisonment of not
4    less than 6 years and not more than 30 years if the
5    delivery is of not less than 6 and not more than 10
6    firearms at the same time or within a 2 year period. Any
7    person convicted of unlawful sale or delivery of firearms
8    in violation of paragraph (l) of subsection (A) commits a
9    Class X felony for which he or she shall be sentenced to a
10    term of imprisonment of not less than 6 years and not more
11    than 40 years if the delivery is of not less than 11 and
12    not more than 20 firearms at the same time or within a 3
13    year period. Any person convicted of unlawful sale or
14    delivery of firearms in violation of paragraph (l) of
15    subsection (A) commits a Class X felony for which he or she
16    shall be sentenced to a term of imprisonment of not less
17    than 6 years and not more than 50 years if the delivery is
18    of not less than 21 and not more than 30 firearms at the
19    same time or within a 4 year period. Any person convicted
20    of unlawful sale or delivery of firearms in violation of
21    paragraph (l) of subsection (A) commits a Class X felony
22    for which he or she shall be sentenced to a term of
23    imprisonment of not less than 6 years and not more than 60
24    years if the delivery is of 31 or more firearms at the same
25    time or within a 5 year period.
26    (D) For purposes of this Section:

 

 

HB5540 Engrossed- 1306 -LRB099 16003 AMC 40320 b

1    "School" means a public or private elementary or secondary
2school, community college, college, or university.
3    "School related activity" means any sporting, social,
4academic, or other activity for which students' attendance or
5participation is sponsored, organized, or funded in whole or in
6part by a school or school district.
7    (E) A prosecution for a violation of paragraph (k) of
8subsection (A) of this Section may be commenced within 6 years
9after the commission of the offense. A prosecution for a
10violation of this Section other than paragraph (g) of
11subsection (A) of this Section may be commenced within 5 years
12after the commission of the offense defined in the particular
13paragraph.
14(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
1599-143, eff. 7-27-15; revised 10-16-15.)
 
16    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
17    Sec. 26-1. Disorderly conduct.
18    (a) A person commits disorderly conduct when he or she
19knowingly:
20        (1) Does any act in such unreasonable manner as to
21    alarm or disturb another and to provoke a breach of the
22    peace;
23        (2) Transmits or causes to be transmitted in any manner
24    to the fire department of any city, town, village or fire
25    protection district a false alarm of fire, knowing at the

 

 

HB5540 Engrossed- 1307 -LRB099 16003 AMC 40320 b

1    time of the transmission that there is no reasonable ground
2    for believing that the fire exists;
3        (3) Transmits or causes to be transmitted in any manner
4    to another a false alarm to the effect that a bomb or other
5    explosive of any nature or a container holding poison gas,
6    a deadly biological or chemical contaminant, or
7    radioactive substance is concealed in a place where its
8    explosion or release would endanger human life, knowing at
9    the time of the transmission that there is no reasonable
10    ground for believing that the bomb, explosive or a
11    container holding poison gas, a deadly biological or
12    chemical contaminant, or radioactive substance is
13    concealed in the place;
14        (3.5) Transmits or causes to be transmitted a threat of
15    destruction of a school building or school property, or a
16    threat of violence, death, or bodily harm directed against
17    persons at a school, school function, or school event,
18    whether or not school is in session;
19        (4) Transmits or causes to be transmitted in any manner
20    to any peace officer, public officer or public employee a
21    report to the effect that an offense will be committed, is
22    being committed, or has been committed, knowing at the time
23    of the transmission that there is no reasonable ground for
24    believing that the offense will be committed, is being
25    committed, or has been committed;
26        (5) Transmits or causes to be transmitted a false

 

 

HB5540 Engrossed- 1308 -LRB099 16003 AMC 40320 b

1    report to any public safety agency without the reasonable
2    grounds necessary to believe that transmitting the report
3    is necessary for the safety and welfare of the public; or
4        (6) Calls the number "911" for the purpose of making or
5    transmitting a false alarm or complaint and reporting
6    information when, at the time the call or transmission is
7    made, the person knows there is no reasonable ground for
8    making the call or transmission and further knows that the
9    call or transmission could result in the emergency response
10    of any public safety agency;
11        (7) Transmits or causes to be transmitted a false
12    report to the Department of Children and Family Services
13    under Section 4 of the "Abused and Neglected Child
14    Reporting Act";
15        (8) Transmits or causes to be transmitted a false
16    report to the Department of Public Health under the Nursing
17    Home Care Act, the Specialized Mental Health
18    Rehabilitation Act of 2013, the ID/DD Community Care Act,
19    or the MC/DD Act;
20        (9) Transmits or causes to be transmitted in any manner
21    to the police department or fire department of any
22    municipality or fire protection district, or any privately
23    owned and operated ambulance service, a false request for
24    an ambulance, emergency medical technician-ambulance or
25    emergency medical technician-paramedic knowing at the time
26    there is no reasonable ground for believing that the

 

 

HB5540 Engrossed- 1309 -LRB099 16003 AMC 40320 b

1    assistance is required;
2        (10) Transmits or causes to be transmitted a false
3    report under Article II of Public Act 83-1432 "An Act in
4    relation to victims of violence and abuse", approved
5    September 16, 1984, as amended;
6        (11) Enters upon the property of another and for a lewd
7    or unlawful purpose deliberately looks into a dwelling on
8    the property through any window or other opening in it; or
9        (12) While acting as a collection agency as defined in
10    the Collection Agency Act or as an employee of the
11    collection agency, and while attempting to collect an
12    alleged debt, makes a telephone call to the alleged debtor
13    which is designed to harass, annoy or intimidate the
14    alleged debtor.
15    (b) Sentence. A violation of subsection (a)(1) of this
16Section is a Class C misdemeanor. A violation of subsection
17(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
18violation of subsection (a)(8) or (a)(10) of this Section is a
19Class B misdemeanor. A violation of subsection (a)(2),
20(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
21a Class 4 felony. A violation of subsection (a)(3) of this
22Section is a Class 3 felony, for which a fine of not less than
23$3,000 and no more than $10,000 shall be assessed in addition
24to any other penalty imposed.
25    A violation of subsection (a)(12) of this Section is a
26Business Offense and shall be punished by a fine not to exceed

 

 

HB5540 Engrossed- 1310 -LRB099 16003 AMC 40320 b

1$3,000. A second or subsequent violation of subsection (a)(7)
2or (a)(5) of this Section is a Class 4 felony. A third or
3subsequent violation of subsection (a)(11) of this Section is a
4Class 4 felony.
5    (c) In addition to any other sentence that may be imposed,
6a court shall order any person convicted of disorderly conduct
7to perform community service for not less than 30 and not more
8than 120 hours, if community service is available in the
9jurisdiction and is funded and approved by the county board of
10the county where the offense was committed. In addition,
11whenever any person is placed on supervision for an alleged
12offense under this Section, the supervision shall be
13conditioned upon the performance of the community service.
14    This subsection does not apply when the court imposes a
15sentence of incarceration.
16    (d) In addition to any other sentence that may be imposed,
17the court shall order any person convicted of disorderly
18conduct under paragraph (3) of subsection (a) involving a false
19alarm of a threat that a bomb or explosive device has been
20placed in a school to reimburse the unit of government that
21employs the emergency response officer or officers that were
22dispatched to the school for the cost of the search for a bomb
23or explosive device.
24    (e) In addition to any other sentence that may be imposed,
25the court shall order any person convicted of disorderly
26conduct under paragraph (6) of subsection (a) to reimburse the

 

 

HB5540 Engrossed- 1311 -LRB099 16003 AMC 40320 b

1public agency for the reasonable costs of the emergency
2response by the public agency up to $10,000. If the court
3determines that the person convicted of disorderly conduct
4under paragraph (6) of subsection (a) is indigent, the
5provisions of this subsection (e) do not apply.
6    (f) For the purposes of this Section, "emergency response"
7means any condition that results in, or could result in, the
8response of a public official in an authorized emergency
9vehicle, any condition that jeopardizes or could jeopardize
10public safety and results in, or could result in, the
11evacuation of any area, building, structure, vehicle, or of any
12other place that any person may enter, or any incident
13requiring a response by a police officer, a firefighter, a
14State Fire Marshal employee, or an ambulance.
15(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;
1699-180, eff. 7-29-15; revised 10-16-15.)
 
17    Section 540. The Illinois Controlled Substances Act is
18amended by changing Sections 102 and 302 as follows:
 
19    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
20    Sec. 102. Definitions. As used in this Act, unless the
21context otherwise requires:
22    (a) "Addict" means any person who habitually uses any drug,
23chemical, substance or dangerous drug other than alcohol so as
24to endanger the public morals, health, safety or welfare or who

 

 

HB5540 Engrossed- 1312 -LRB099 16003 AMC 40320 b

1is so far addicted to the use of a dangerous drug or controlled
2substance other than alcohol as to have lost the power of self
3control with reference to his or her addiction.
4    (b) "Administer" means the direct application of a
5controlled substance, whether by injection, inhalation,
6ingestion, or any other means, to the body of a patient,
7research subject, or animal (as defined by the Humane
8Euthanasia in Animal Shelters Act) by:
9        (1) a practitioner (or, in his or her presence, by his
10    or her authorized agent),
11        (2) the patient or research subject pursuant to an
12    order, or
13        (3) a euthanasia technician as defined by the Humane
14    Euthanasia in Animal Shelters Act.
15    (c) "Agent" means an authorized person who acts on behalf
16of or at the direction of a manufacturer, distributor,
17dispenser, prescriber, or practitioner. It does not include a
18common or contract carrier, public warehouseman or employee of
19the carrier or warehouseman.
20    (c-1) "Anabolic Steroids" means any drug or hormonal
21substance, chemically and pharmacologically related to
22testosterone (other than estrogens, progestins,
23corticosteroids, and dehydroepiandrosterone), and includes:
24    (i) 3[beta],17-dihydroxy-5a-androstane, 
25    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
26    (iii) 5[alpha]-androstan-3,17-dione, 

 

 

HB5540 Engrossed- 1313 -LRB099 16003 AMC 40320 b

1    (iv) 1-androstenediol (3[beta], 
2        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
3    (v) 1-androstenediol (3[alpha], 
4        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
5    (vi) 4-androstenediol  
6        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
7    (vii) 5-androstenediol  
8        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
9    (viii) 1-androstenedione  
10        ([5alpha]-androst-1-en-3,17-dione), 
11    (ix) 4-androstenedione  
12        (androst-4-en-3,17-dione), 
13    (x) 5-androstenedione  
14        (androst-5-en-3,17-dione), 
15    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
16        hydroxyandrost-4-en-3-one), 
17    (xii) boldenone (17[beta]-hydroxyandrost- 
18        1,4,-diene-3-one), 
19    (xiii) boldione (androsta-1,4- 
20        diene-3,17-dione), 
21    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
22        [beta]-hydroxyandrost-4-en-3-one), 
23    (xv) clostebol (4-chloro-17[beta]- 
24        hydroxyandrost-4-en-3-one), 
25    (xvi) dehydrochloromethyltestosterone (4-chloro- 
26        17[beta]-hydroxy-17[alpha]-methyl- 

 

 

HB5540 Engrossed- 1314 -LRB099 16003 AMC 40320 b

1        androst-1,4-dien-3-one), 
2    (xvii) desoxymethyltestosterone 
3    (17[alpha]-methyl-5[alpha] 
4        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
5    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
6        '1-testosterone') (17[beta]-hydroxy- 
7        5[alpha]-androst-1-en-3-one), 
8    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
9        androstan-3-one), 
10    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
11        5[alpha]-androstan-3-one), 
12    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
13        hydroxyestr-4-ene), 
14    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
15        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
16    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
17        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
18    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
19        hydroxyandrostano[2,3-c]-furazan), 
20    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
21    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
22        androst-4-en-3-one), 
23    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
24        dihydroxy-estr-4-en-3-one), 
25    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
26        hydroxy-5-androstan-3-one), 

 

 

HB5540 Engrossed- 1315 -LRB099 16003 AMC 40320 b

1    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
2        [5a]-androstan-3-one), 
3    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
4        hydroxyandrost-1,4-dien-3-one), 
5    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
6        dihydroxyandrost-5-ene), 
7    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
8        5[alpha]-androst-1-en-3-one), 
9    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
10        dihydroxy-5a-androstane), 
11    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
12        -5a-androstane), 
13    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
14        dihydroxyandrost-4-ene), 
15    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
16        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
17    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
18        hydroxyestra-4,9(10)-dien-3-one), 
19    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
20        hydroxyestra-4,9-11-trien-3-one), 
21    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
22        hydroxyandrost-4-en-3-one), 
23    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
24        hydroxyestr-4-en-3-one), 
25    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
26        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 

 

 

HB5540 Engrossed- 1316 -LRB099 16003 AMC 40320 b

1        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
2        1-testosterone'), 
3    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
4    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
5        dihydroxyestr-4-ene), 
6    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
7        dihydroxyestr-4-ene), 
8    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
9        dihydroxyestr-5-ene), 
10    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
11        dihydroxyestr-5-ene), 
12    (xlvii) 19-nor-4,9(10)-androstadienedione  
13        (estra-4,9(10)-diene-3,17-dione), 
14    (xlviii) 19-nor-4-androstenedione (estr-4- 
15        en-3,17-dione), 
16    (xlix) 19-nor-5-androstenedione (estr-5- 
17        en-3,17-dione), 
18    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
19        hydroxygon-4-en-3-one), 
20    (li) norclostebol (4-chloro-17[beta]- 
21        hydroxyestr-4-en-3-one), 
22    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
23        hydroxyestr-4-en-3-one), 
24    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
25        hydroxyestr-4-en-3-one), 
26    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 

 

 

HB5540 Engrossed- 1317 -LRB099 16003 AMC 40320 b

1        2-oxa-5[alpha]-androstan-3-one), 
2    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
3        dihydroxyandrost-4-en-3-one), 
4    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
5        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
6    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
7        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
8    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
9        (5[alpha]-androst-1-en-3-one), 
10    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
11        secoandrosta-1,4-dien-17-oic 
12        acid lactone), 
13    (lx) testosterone (17[beta]-hydroxyandrost- 
14        4-en-3-one), 
15    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
16        diethyl-17[beta]-hydroxygon- 
17        4,9,11-trien-3-one), 
18    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
19        11-trien-3-one). 
20    Any person who is otherwise lawfully in possession of an
21anabolic steroid, or who otherwise lawfully manufactures,
22distributes, dispenses, delivers, or possesses with intent to
23deliver an anabolic steroid, which anabolic steroid is
24expressly intended for and lawfully allowed to be administered
25through implants to livestock or other nonhuman species, and
26which is approved by the Secretary of Health and Human Services

 

 

HB5540 Engrossed- 1318 -LRB099 16003 AMC 40320 b

1for such administration, and which the person intends to
2administer or have administered through such implants, shall
3not be considered to be in unauthorized possession or to
4unlawfully manufacture, distribute, dispense, deliver, or
5possess with intent to deliver such anabolic steroid for
6purposes of this Act.
7    (d) "Administration" means the Drug Enforcement
8Administration, United States Department of Justice, or its
9successor agency.
10    (d-5) "Clinical Director, Prescription Monitoring Program"
11means a Department of Human Services administrative employee
12licensed to either prescribe or dispense controlled substances
13who shall run the clinical aspects of the Department of Human
14Services Prescription Monitoring Program and its Prescription
15Information Library.
16    (d-10) "Compounding" means the preparation and mixing of
17components, excluding flavorings, (1) as the result of a
18prescriber's prescription drug order or initiative based on the
19prescriber-patient-pharmacist relationship in the course of
20professional practice or (2) for the purpose of, or incident
21to, research, teaching, or chemical analysis and not for sale
22or dispensing. "Compounding" includes the preparation of drugs
23or devices in anticipation of receiving prescription drug
24orders based on routine, regularly observed dispensing
25patterns. Commercially available products may be compounded
26for dispensing to individual patients only if both of the

 

 

HB5540 Engrossed- 1319 -LRB099 16003 AMC 40320 b

1following conditions are met: (i) the commercial product is not
2reasonably available from normal distribution channels in a
3timely manner to meet the patient's needs and (ii) the
4prescribing practitioner has requested that the drug be
5compounded.
6    (e) "Control" means to add a drug or other substance, or
7immediate precursor, to a Schedule whether by transfer from
8another Schedule or otherwise.
9    (f) "Controlled Substance" means (i) a drug, substance,
10immediate precursor, or synthetic drug in the Schedules of
11Article II of this Act or (ii) a drug or other substance, or
12immediate precursor, designated as a controlled substance by
13the Department through administrative rule. The term does not
14include distilled spirits, wine, malt beverages, or tobacco, as
15those terms are defined or used in the Liquor Control Act of
161934 and the Tobacco Products Tax Act of 1995.
17    (f-5) "Controlled substance analog" means a substance:
18        (1) the chemical structure of which is substantially
19    similar to the chemical structure of a controlled substance
20    in Schedule I or II;
21        (2) which has a stimulant, depressant, or
22    hallucinogenic effect on the central nervous system that is
23    substantially similar to or greater than the stimulant,
24    depressant, or hallucinogenic effect on the central
25    nervous system of a controlled substance in Schedule I or
26    II; or

 

 

HB5540 Engrossed- 1320 -LRB099 16003 AMC 40320 b

1        (3) with respect to a particular person, which such
2    person represents or intends to have a stimulant,
3    depressant, or hallucinogenic effect on the central
4    nervous system that is substantially similar to or greater
5    than the stimulant, depressant, or hallucinogenic effect
6    on the central nervous system of a controlled substance in
7    Schedule I or II.
8    (g) "Counterfeit substance" means a controlled substance,
9which, or the container or labeling of which, without
10authorization bears the trademark, trade name, or other
11identifying mark, imprint, number or device, or any likeness
12thereof, of a manufacturer, distributor, or dispenser other
13than the person who in fact manufactured, distributed, or
14dispensed the substance.
15    (h) "Deliver" or "delivery" means the actual, constructive
16or attempted transfer of possession of a controlled substance,
17with or without consideration, whether or not there is an
18agency relationship.
19    (i) "Department" means the Illinois Department of Human
20Services (as successor to the Department of Alcoholism and
21Substance Abuse) or its successor agency.
22    (j) (Blank).
23    (k) "Department of Corrections" means the Department of
24Corrections of the State of Illinois or its successor agency.
25    (l) "Department of Financial and Professional Regulation"
26means the Department of Financial and Professional Regulation

 

 

HB5540 Engrossed- 1321 -LRB099 16003 AMC 40320 b

1of the State of Illinois or its successor agency.
2    (m) "Depressant" means any drug that (i) causes an overall
3depression of central nervous system functions, (ii) causes
4impaired consciousness and awareness, and (iii) can be
5habit-forming or lead to a substance abuse problem, including
6but not limited to alcohol, cannabis and its active principles
7and their analogs, benzodiazepines and their analogs,
8barbiturates and their analogs, opioids (natural and
9synthetic) and their analogs, and chloral hydrate and similar
10sedative hypnotics.
11    (n) (Blank).
12    (o) "Director" means the Director of the Illinois State
13Police or his or her designated agents.
14    (p) "Dispense" means to deliver a controlled substance to
15an ultimate user or research subject by or pursuant to the
16lawful order of a prescriber, including the prescribing,
17administering, packaging, labeling, or compounding necessary
18to prepare the substance for that delivery.
19    (q) "Dispenser" means a practitioner who dispenses.
20    (r) "Distribute" means to deliver, other than by
21administering or dispensing, a controlled substance.
22    (s) "Distributor" means a person who distributes.
23    (t) "Drug" means (1) substances recognized as drugs in the
24official United States Pharmacopoeia, Official Homeopathic
25Pharmacopoeia of the United States, or official National
26Formulary, or any supplement to any of them; (2) substances

 

 

HB5540 Engrossed- 1322 -LRB099 16003 AMC 40320 b

1intended for use in diagnosis, cure, mitigation, treatment, or
2prevention of disease in man or animals; (3) substances (other
3than food) intended to affect the structure of any function of
4the body of man or animals and (4) substances intended for use
5as a component of any article specified in clause (1), (2), or
6(3) of this subsection. It does not include devices or their
7components, parts, or accessories.
8    (t-3) "Electronic health record" or "EHR" means an
9electronic record of health-related information on an
10individual that is created, gathered, managed, and consulted by
11authorized health care clinicians and staff.
12    (t-5) "Euthanasia agency" means an entity certified by the
13Department of Financial and Professional Regulation for the
14purpose of animal euthanasia that holds an animal control
15facility license or animal shelter license under the Animal
16Welfare Act. A euthanasia agency is authorized to purchase,
17store, possess, and utilize Schedule II nonnarcotic and
18Schedule III nonnarcotic drugs for the sole purpose of animal
19euthanasia.
20    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
21substances (nonnarcotic controlled substances) that are used
22by a euthanasia agency for the purpose of animal euthanasia.
23    (u) "Good faith" means the prescribing or dispensing of a
24controlled substance by a practitioner in the regular course of
25professional treatment to or for any person who is under his or
26her treatment for a pathology or condition other than that

 

 

HB5540 Engrossed- 1323 -LRB099 16003 AMC 40320 b

1individual's physical or psychological dependence upon or
2addiction to a controlled substance, except as provided herein:
3and application of the term to a pharmacist shall mean the
4dispensing of a controlled substance pursuant to the
5prescriber's order which in the professional judgment of the
6pharmacist is lawful. The pharmacist shall be guided by
7accepted professional standards including, but not limited to
8the following, in making the judgment:
9        (1) lack of consistency of prescriber-patient
10    relationship,
11        (2) frequency of prescriptions for same drug by one
12    prescriber for large numbers of patients,
13        (3) quantities beyond those normally prescribed,
14        (4) unusual dosages (recognizing that there may be
15    clinical circumstances where more or less than the usual
16    dose may be used legitimately),
17        (5) unusual geographic distances between patient,
18    pharmacist and prescriber,
19        (6) consistent prescribing of habit-forming drugs.
20    (u-0.5) "Hallucinogen" means a drug that causes markedly
21altered sensory perception leading to hallucinations of any
22type.
23    (u-1) "Home infusion services" means services provided by a
24pharmacy in compounding solutions for direct administration to
25a patient in a private residence, long-term care facility, or
26hospice setting by means of parenteral, intravenous,

 

 

HB5540 Engrossed- 1324 -LRB099 16003 AMC 40320 b

1intramuscular, subcutaneous, or intraspinal infusion.
2    (u-5) "Illinois State Police" means the State Police of the
3State of Illinois, or its successor agency.
4    (v) "Immediate precursor" means a substance:
5        (1) which the Department has found to be and by rule
6    designated as being a principal compound used, or produced
7    primarily for use, in the manufacture of a controlled
8    substance;
9        (2) which is an immediate chemical intermediary used or
10    likely to be used in the manufacture of such controlled
11    substance; and
12        (3) the control of which is necessary to prevent,
13    curtail or limit the manufacture of such controlled
14    substance.
15    (w) "Instructional activities" means the acts of teaching,
16educating or instructing by practitioners using controlled
17substances within educational facilities approved by the State
18Board of Education or its successor agency.
19    (x) "Local authorities" means a duly organized State,
20County or Municipal peace unit or police force.
21    (y) "Look-alike substance" means a substance, other than a
22controlled substance which (1) by overall dosage unit
23appearance, including shape, color, size, markings or lack
24thereof, taste, consistency, or any other identifying physical
25characteristic of the substance, would lead a reasonable person
26to believe that the substance is a controlled substance, or (2)

 

 

HB5540 Engrossed- 1325 -LRB099 16003 AMC 40320 b

1is expressly or impliedly represented to be a controlled
2substance or is distributed under circumstances which would
3lead a reasonable person to believe that the substance is a
4controlled substance. For the purpose of determining whether
5the representations made or the circumstances of the
6distribution would lead a reasonable person to believe the
7substance to be a controlled substance under this clause (2) of
8subsection (y), the court or other authority may consider the
9following factors in addition to any other factor that may be
10relevant:
11        (a) statements made by the owner or person in control
12    of the substance concerning its nature, use or effect;
13        (b) statements made to the buyer or recipient that the
14    substance may be resold for profit;
15        (c) whether the substance is packaged in a manner
16    normally used for the illegal distribution of controlled
17    substances;
18        (d) whether the distribution or attempted distribution
19    included an exchange of or demand for money or other
20    property as consideration, and whether the amount of the
21    consideration was substantially greater than the
22    reasonable retail market value of the substance.
23    Clause (1) of this subsection (y) shall not apply to a
24noncontrolled substance in its finished dosage form that was
25initially introduced into commerce prior to the initial
26introduction into commerce of a controlled substance in its

 

 

HB5540 Engrossed- 1326 -LRB099 16003 AMC 40320 b

1finished dosage form which it may substantially resemble.
2    Nothing in this subsection (y) prohibits the dispensing or
3distributing of noncontrolled substances by persons authorized
4to dispense and distribute controlled substances under this
5Act, provided that such action would be deemed to be carried
6out in good faith under subsection (u) if the substances
7involved were controlled substances.
8    Nothing in this subsection (y) or in this Act prohibits the
9manufacture, preparation, propagation, compounding,
10processing, packaging, advertising or distribution of a drug or
11drugs by any person registered pursuant to Section 510 of the
12Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
13    (y-1) "Mail-order pharmacy" means a pharmacy that is
14located in a state of the United States that delivers,
15dispenses or distributes, through the United States Postal
16Service or other common carrier, to Illinois residents, any
17substance which requires a prescription.
18    (z) "Manufacture" means the production, preparation,
19propagation, compounding, conversion or processing of a
20controlled substance other than methamphetamine, either
21directly or indirectly, by extraction from substances of
22natural origin, or independently by means of chemical
23synthesis, or by a combination of extraction and chemical
24synthesis, and includes any packaging or repackaging of the
25substance or labeling of its container, except that this term
26does not include:

 

 

HB5540 Engrossed- 1327 -LRB099 16003 AMC 40320 b

1        (1) by an ultimate user, the preparation or compounding
2    of a controlled substance for his or her own use; or
3        (2) by a practitioner, or his or her authorized agent
4    under his or her supervision, the preparation,
5    compounding, packaging, or labeling of a controlled
6    substance:
7            (a) as an incident to his or her administering or
8        dispensing of a controlled substance in the course of
9        his or her professional practice; or
10            (b) as an incident to lawful research, teaching or
11        chemical analysis and not for sale.
12    (z-1) (Blank).
13    (z-5) "Medication shopping" means the conduct prohibited
14under subsection (a) of Section 314.5 of this Act.
15    (z-10) "Mid-level practitioner" means (i) a physician
16assistant who has been delegated authority to prescribe through
17a written delegation of authority by a physician licensed to
18practice medicine in all of its branches, in accordance with
19Section 7.5 of the Physician Assistant Practice Act of 1987,
20(ii) an advanced practice nurse who has been delegated
21authority to prescribe through a written delegation of
22authority by a physician licensed to practice medicine in all
23of its branches or by a podiatric physician, in accordance with
24Section 65-40 of the Nurse Practice Act, (iii) an advanced
25practice nurse certified as a nurse practitioner, nurse
26midwife, or clinical nurse specialist who has been granted

 

 

HB5540 Engrossed- 1328 -LRB099 16003 AMC 40320 b

1authority to prescribe by a hospital affiliate in accordance
2with Section 65-45 of the Nurse Practice Act, (iv) an animal
3euthanasia agency, or (v) a prescribing psychologist.
4    (aa) "Narcotic drug" means any of the following, whether
5produced directly or indirectly by extraction from substances
6of vegetable origin, or independently by means of chemical
7synthesis, or by a combination of extraction and chemical
8synthesis:
9        (1) opium, opiates, derivatives of opium and opiates,
10    including their isomers, esters, ethers, salts, and salts
11    of isomers, esters, and ethers, whenever the existence of
12    such isomers, esters, ethers, and salts is possible within
13    the specific chemical designation; however the term
14    "narcotic drug" does not include the isoquinoline
15    alkaloids of opium;
16        (2) (blank);
17        (3) opium poppy and poppy straw;
18        (4) coca leaves, except coca leaves and extracts of
19    coca leaves from which substantially all of the cocaine and
20    ecgonine, and their isomers, derivatives and salts, have
21    been removed;
22        (5) cocaine, its salts, optical and geometric isomers,
23    and salts of isomers;
24        (6) ecgonine, its derivatives, their salts, isomers,
25    and salts of isomers;
26        (7) any compound, mixture, or preparation which

 

 

HB5540 Engrossed- 1329 -LRB099 16003 AMC 40320 b

1    contains any quantity of any of the substances referred to
2    in subparagraphs (1) through (6).
3    (bb) "Nurse" means a registered nurse licensed under the
4Nurse Practice Act.
5    (cc) (Blank).
6    (dd) "Opiate" means any substance having an addiction
7forming or addiction sustaining liability similar to morphine
8or being capable of conversion into a drug having addiction
9forming or addiction sustaining liability.
10    (ee) "Opium poppy" means the plant of the species Papaver
11somniferum L., except its seeds.
12    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
13solution or other liquid form of medication intended for
14administration by mouth, but the term does not include a form
15of medication intended for buccal, sublingual, or transmucosal
16administration.
17    (ff) "Parole and Pardon Board" means the Parole and Pardon
18Board of the State of Illinois or its successor agency.
19    (gg) "Person" means any individual, corporation,
20mail-order pharmacy, government or governmental subdivision or
21agency, business trust, estate, trust, partnership or
22association, or any other entity.
23    (hh) "Pharmacist" means any person who holds a license or
24certificate of registration as a registered pharmacist, a local
25registered pharmacist or a registered assistant pharmacist
26under the Pharmacy Practice Act.

 

 

HB5540 Engrossed- 1330 -LRB099 16003 AMC 40320 b

1    (ii) "Pharmacy" means any store, ship or other place in
2which pharmacy is authorized to be practiced under the Pharmacy
3Practice Act.
4    (ii-5) "Pharmacy shopping" means the conduct prohibited
5under subsection (b) of Section 314.5 of this Act.
6    (ii-10) "Physician" (except when the context otherwise
7requires) means a person licensed to practice medicine in all
8of its branches.
9    (jj) "Poppy straw" means all parts, except the seeds, of
10the opium poppy, after mowing.
11    (kk) "Practitioner" means a physician licensed to practice
12medicine in all its branches, dentist, optometrist, podiatric
13physician, veterinarian, scientific investigator, pharmacist,
14physician assistant, advanced practice nurse, licensed
15practical nurse, registered nurse, hospital, laboratory, or
16pharmacy, or other person licensed, registered, or otherwise
17lawfully permitted by the United States or this State to
18distribute, dispense, conduct research with respect to,
19administer or use in teaching or chemical analysis, a
20controlled substance in the course of professional practice or
21research.
22    (ll) "Pre-printed prescription" means a written
23prescription upon which the designated drug has been indicated
24prior to the time of issuance; the term does not mean a written
25prescription that is individually generated by machine or
26computer in the prescriber's office.

 

 

HB5540 Engrossed- 1331 -LRB099 16003 AMC 40320 b

1    (mm) "Prescriber" means a physician licensed to practice
2medicine in all its branches, dentist, optometrist,
3prescribing psychologist licensed under Section 4.2 of the
4Clinical Psychologist Licensing Act with prescriptive
5authority delegated under Section 4.3 of the Clinical
6Psychologist Licensing Act, podiatric physician, or
7veterinarian who issues a prescription, a physician assistant
8who issues a prescription for a controlled substance in
9accordance with Section 303.05, a written delegation, and a
10written supervision agreement required under Section 7.5 of the
11Physician Assistant Practice Act of 1987, an advanced practice
12nurse with prescriptive authority delegated under Section
1365-40 of the Nurse Practice Act and in accordance with Section
14303.05, a written delegation, and a written collaborative
15agreement under Section 65-35 of the Nurse Practice Act, or an
16advanced practice nurse certified as a nurse practitioner,
17nurse midwife, or clinical nurse specialist who has been
18granted authority to prescribe by a hospital affiliate in
19accordance with Section 65-45 of the Nurse Practice Act and in
20accordance with Section 303.05.
21    (nn) "Prescription" means a written, facsimile, or oral
22order, or an electronic order that complies with applicable
23federal requirements, of a physician licensed to practice
24medicine in all its branches, dentist, podiatric physician or
25veterinarian for any controlled substance, of an optometrist in
26accordance with Section 15.1 of the Illinois Optometric

 

 

HB5540 Engrossed- 1332 -LRB099 16003 AMC 40320 b

1Practice Act of 1987, of a prescribing psychologist licensed
2under Section 4.2 of the Clinical Psychologist Licensing Act
3with prescriptive authority delegated under Section 4.3 of the
4Clinical Psychologist Licensing Act, of a physician assistant
5for a controlled substance in accordance with Section 303.05, a
6written delegation, and a written supervision agreement
7required under Section 7.5 of the Physician Assistant Practice
8Act of 1987, of an advanced practice nurse with prescriptive
9authority delegated under Section 65-40 of the Nurse Practice
10Act who issues a prescription for a controlled substance in
11accordance with Section 303.05, a written delegation, and a
12written collaborative agreement under Section 65-35 of the
13Nurse Practice Act, or of an advanced practice nurse certified
14as a nurse practitioner, nurse midwife, or clinical nurse
15specialist who has been granted authority to prescribe by a
16hospital affiliate in accordance with Section 65-45 of the
17Nurse Practice Act and in accordance with Section 303.05 when
18required by law.
19    (nn-5) "Prescription Information Library" (PIL) means an
20electronic library that contains reported controlled substance
21data.
22    (nn-10) "Prescription Monitoring Program" (PMP) means the
23entity that collects, tracks, and stores reported data on
24controlled substances and select drugs pursuant to Section 316.
25    (oo) "Production" or "produce" means manufacture,
26planting, cultivating, growing, or harvesting of a controlled

 

 

HB5540 Engrossed- 1333 -LRB099 16003 AMC 40320 b

1substance other than methamphetamine.
2    (pp) "Registrant" means every person who is required to
3register under Section 302 of this Act.
4    (qq) "Registry number" means the number assigned to each
5person authorized to handle controlled substances under the
6laws of the United States and of this State.
7    (qq-5) "Secretary" means, as the context requires, either
8the Secretary of the Department or the Secretary of the
9Department of Financial and Professional Regulation, and the
10Secretary's designated agents.
11    (rr) "State" includes the State of Illinois and any state,
12district, commonwealth, territory, insular possession thereof,
13and any area subject to the legal authority of the United
14States of America.
15    (rr-5) "Stimulant" means any drug that (i) causes an
16overall excitation of central nervous system functions, (ii)
17causes impaired consciousness and awareness, and (iii) can be
18habit-forming or lead to a substance abuse problem, including
19but not limited to amphetamines and their analogs,
20methylphenidate and its analogs, cocaine, and phencyclidine
21and its analogs.
22    (ss) "Ultimate user" means a person who lawfully possesses
23a controlled substance for his or her own use or for the use of
24a member of his or her household or for administering to an
25animal owned by him or her or by a member of his or her
26household.

 

 

HB5540 Engrossed- 1334 -LRB099 16003 AMC 40320 b

1(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
298-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
37-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
4eff. 9-9-15; revised 10-19-15.)
 
5    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
6    Sec. 302. (a) Every person who manufactures, distributes,
7or dispenses any controlled substances; engages in chemical
8analysis, research, or instructional activities which utilize
9controlled substances; purchases, stores, or administers
10euthanasia drugs, within this State; provides canine odor
11detection services; proposes to engage in the manufacture,
12distribution, or dispensing of any controlled substance;
13proposes to engage in chemical analysis, research, or
14instructional activities which utilize controlled substances;
15proposes to engage in purchasing, storing, or administering
16euthanasia drugs; or proposes to provide canine odor detection
17services within this State, must obtain a registration issued
18by the Department of Financial and Professional Regulation in
19accordance with its rules. The rules shall include, but not be
20limited to, setting the expiration date and renewal period for
21each registration under this Act. The Department, any facility
22or service licensed by the Department, and any veterinary
23hospital or clinic operated by a veterinarian or veterinarians
24licensed under the Veterinary Medicine and Surgery Practice Act
25of 2004 or maintained by a State-supported or publicly funded

 

 

HB5540 Engrossed- 1335 -LRB099 16003 AMC 40320 b

1university or college shall be exempt from the regulation
2requirements of this Section; however, such exemption shall not
3operate to bar the University of Illinois from requesting, nor
4the Department of Financial and Professional Regulation from
5issuing, a registration to the University of Illinois
6Veterinary Teaching Hospital under this Act. Neither a request
7for such registration nor the issuance of such registration to
8the University of Illinois shall operate to otherwise waive or
9modify the exemption provided in this subsection (a).
10    (b) Persons registered by the Department of Financial and
11Professional Regulation under this Act to manufacture,
12distribute, or dispense controlled substances, engage in
13chemical analysis, research, or instructional activities which
14utilize controlled substances, purchase, store, or administer
15euthanasia drugs, or provide canine odor detection services,
16may possess, manufacture, distribute, engage in chemical
17analysis, research, or instructional activities which utilize
18controlled substances, dispense those substances, or purchase,
19store, or administer euthanasia drugs, or provide canine odor
20detection services to the extent authorized by their
21registration and in conformity with the other provisions of
22this Article.
23    (c) The following persons need not register and may
24lawfully possess controlled substances under this Act:
25        (1) an agent or employee of any registered
26    manufacturer, distributor, or dispenser of any controlled

 

 

HB5540 Engrossed- 1336 -LRB099 16003 AMC 40320 b

1    substance if he or she is acting in the usual course of his
2    or her employer's lawful business or employment;
3        (2) a common or contract carrier or warehouseman, or an
4    agent or employee thereof, whose possession of any
5    controlled substance is in the usual lawful course of such
6    business or employment;
7        (3) an ultimate user or a person in possession of a
8    controlled substance prescribed for the ultimate user
9    under a lawful prescription of a practitioner, including an
10    advanced practice nurse, practical nurse, or registered
11    nurse licensed under the Nurse Practice Act, or a physician
12    assistant licensed under the Physician Assistant Practice
13    Act of 1987, who provides hospice services to a hospice
14    patient or who provides home health services to a person,
15    or a person in possession of any controlled substance
16    pursuant to a lawful prescription of a practitioner or in
17    lawful possession of a Schedule V substance. In this
18    Section, "home health services" has the meaning ascribed to
19    it in the Home Health, Home Services, and Home Nursing
20    Agency Licensing Act; and "hospice patient" and "hospice
21    services" have the meanings ascribed to them in the Hospice
22    Program Licensing Act;
23        (4) officers and employees of this State or of the
24    United States while acting in the lawful course of their
25    official duties which requires possession of controlled
26    substances;

 

 

HB5540 Engrossed- 1337 -LRB099 16003 AMC 40320 b

1        (5) a registered pharmacist who is employed in, or the
2    owner of, a pharmacy licensed under this Act and the
3    Federal Controlled Substances Act, at the licensed
4    location, or if he or she is acting in the usual course of
5    his or her lawful profession, business, or employment;
6        (6) a holder of a temporary license issued under
7    Section 17 of the Medical Practice Act of 1987 practicing
8    within the scope of that license and in compliance with the
9    rules adopted under this Act. In addition to possessing
10    controlled substances, a temporary license holder may
11    order, administer, and prescribe controlled substances
12    when acting within the scope of his or her license and in
13    compliance with the rules adopted under this Act.
14    (d) A separate registration is required at each place of
15business or professional practice where the applicant
16manufactures, distributes, or dispenses controlled substances,
17or purchases, stores, or administers euthanasia drugs. Persons
18are required to obtain a separate registration for each place
19of business or professional practice where controlled
20substances are located or stored. A separate registration is
21not required for every location at which a controlled substance
22may be prescribed.
23    (e) The Department of Financial and Professional
24Regulation or the Illinois State Police may inspect the
25controlled premises, as defined in Section 502 of this Act, of
26a registrant or applicant for registration in accordance with

 

 

HB5540 Engrossed- 1338 -LRB099 16003 AMC 40320 b

1this Act and the rules promulgated hereunder and with regard to
2persons licensed by the Department, in accordance with
3subsection (bb) of Section 30-5 of the Alcoholism and Other
4Drug Abuse and Dependency Act and the rules and regulations
5promulgated thereunder.
6(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; revised
710-16-15.)
 
8    Section 545. The Code of Criminal Procedure of 1963 is
9amended by changing Sections 111-8 and 115-17b as follows:
 
10    (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
11    Sec. 111-8. Orders of protection to prohibit domestic
12violence.
13    (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
1410-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1511-1.60, 11-14.3 that involves soliciting for a prostitute,
1611-14.4 that involves soliciting for a juvenile prostitute,
1711-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
1812-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,
1912-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,
2012-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1,
2121-2, 21-3, or 26.5-2 of the Criminal Code of 1961 or the
22Criminal Code of 2012 or Section 1-1 of the Harassing and
23Obscene Communications Act is alleged in an information,
24complaint or indictment on file, and the alleged offender and

 

 

HB5540 Engrossed- 1339 -LRB099 16003 AMC 40320 b

1victim are family or household members, as defined in the
2Illinois Domestic Violence Act of 1986, as now or hereafter
3amended, the People through the respective State's Attorneys
4may by separate petition and upon notice to the defendant,
5except as provided in subsection (c) herein, request the court
6to issue an order of protection.
7    (b) In addition to any other remedies specified in Section
8208 of the Illinois Domestic Violence Act of 1986, as now or
9hereafter amended, the order may direct the defendant to
10initiate no contact with the alleged victim or victims who are
11family or household members and to refrain from entering the
12residence, school or place of business of the alleged victim or
13victims.
14    (c) The court may grant emergency relief without notice
15upon a showing of immediate and present danger of abuse to the
16victim or minor children of the victim and may enter a
17temporary order pending notice and full hearing on the matter.
18(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
19P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; 97-1108,
20eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
21revised 10-20-15.)
 
22    (725 ILCS 5/115-17b)
23    Sec. 115-17b. Administrative subpoenas.
24    (a) Definitions. As used in this Section:
25        "Electronic communication services" and "remote

 

 

HB5540 Engrossed- 1340 -LRB099 16003 AMC 40320 b

1    computing services" have the same meaning as provided in
2    the Electronic Communications Privacy Act in Chapter 121
3    (commencing with Section 2701) of Part I of Title 18 of the
4    United States Code Annotated.
5        "Offense involving the sexual exploitation of
6    children" means an offense under Section 11-1.20, 11-1.30,
7    11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9.1,
8    11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2,
9    11-20.1, 11-20.1B, 11-20.3, 11-21, 11-23, 11-25, 11-26,
10    12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code
11    of 1961 or the Criminal Code of 2012 or any attempt to
12    commit any of these offenses when the victim is under 18
13    years of age.
14    (b) Subpoenas duces tecum. In any criminal investigation of
15an offense involving the sexual exploitation of children, the
16Attorney General, or his or her designee, or a State's
17Attorney, or his or her designee, may issue in writing and
18cause to be served subpoenas duces tecum to providers of
19electronic communication services or remote computing services
20requiring the production of records relevant to the
21investigation. Any such request for records shall not extend
22beyond requiring the provider to disclose the information
23specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum
24issued under this Section shall be made returnable to the Chief
25Judge of the Circuit Court for the Circuit in which the State's
26Attorney resides, or his or her designee, or for subpoenas

 

 

HB5540 Engrossed- 1341 -LRB099 16003 AMC 40320 b

1issued by the Attorney General, the subpoena shall be made
2returnable to the Chief Judge of the Circuit Court for the
3Circuit to which the investigation pertains, or his or her
4designee, to determine whether the documents are privileged and
5whether the subpoena is unreasonable or oppressive.
6    (c) Contents of subpoena. A subpoena under this Section
7shall describe the records or other things required to be
8produced and prescribe a return date within a reasonable period
9of time within which the objects or records can be assembled
10and made available.
11    (c-5) Contemporaneous notice to Chief Judge. Whenever a
12subpoena is issued under this Section, the Attorney General or
13his or her designee or the State's Attorney or his or of her
14designee shall be required to provide a copy of the subpoena to
15the Chief Judge of the county in which the subpoena is
16returnable.
17    (d) Modifying or quashing subpoena. At any time before the
18return date specified in the subpoena, the person or entity to
19whom the subpoena is directed may petition for an order
20modifying or quashing the subpoena on the grounds that the
21subpoena is oppressive or unreasonable or that the subpoena
22seeks privileged documents or records.
23    (e) Ex parte order. An Illinois circuit court for the
24circuit in which the subpoena is or will be issued, upon
25application of the Attorney General, or his or her designee, or
26State's Attorney, or his or her designee, may issue an ex parte

 

 

HB5540 Engrossed- 1342 -LRB099 16003 AMC 40320 b

1order that no person or entity disclose to any other person or
2entity (other than persons necessary to comply with the
3subpoena) the existence of such subpoena for a period of up to
490 days.
5        (1) Such order may be issued upon a showing that the
6    things being sought may be relevant to the investigation
7    and there is reason to believe that such disclosure may
8    result in:
9            (A) endangerment to the life or physical safety of
10        any person;
11            (B) flight to avoid prosecution;
12            (C) destruction of or tampering with evidence;
13            (D) intimidation of potential witnesses; or
14            (E) otherwise seriously jeopardizing an
15        investigation or unduly delaying a trial.
16        (2) An order under this Section may be renewed for
17    additional periods of up to 90 days upon a showing that the
18    circumstances described in paragraph (1) of this
19    subsection (e) continue to exist.
20    (f) Enforcement. A witness who is duly subpoenaed who
21neglects or refuses to comply with the subpoena shall be
22proceeded against and punished for contempt of the court. A
23subpoena duces tecum issued under this Section may be enforced
24pursuant to the Uniform Act to Secure the Attendance of
25Witnesses from Within or Without a State in Criminal
26Proceedings.

 

 

HB5540 Engrossed- 1343 -LRB099 16003 AMC 40320 b

1    (g) Immunity from civil liability. Notwithstanding any
2federal, State, or local law, any person, including officers,
3agents, and employees, receiving a subpoena under this Section,
4who complies in good faith with the subpoena and thus produces
5the materials sought, shall not be liable in any court of
6Illinois to any customer or other person for such production or
7for nondisclosure of that production to the customer.
8(Source: P.A. 97-475, eff. 8-22-11; 97-1150, eff. 1-25-13;
9revised 10-16-15.)
 
10    Section 550. The Rights of Crime Victims and Witnesses Act
11is amended by changing Section 3 as follows:
 
12    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
13    Sec. 3. The terms used in this Act shall have the following
14meanings:
15     (a) "Crime victim" or "victim" means: (1) any natural
16person determined by the prosecutor or the court to have
17suffered direct physical or psychological harm as a result of a
18violent crime perpetrated or attempted against that person or
19direct physical or psychological harm as a result of (i) a
20violation of Section 11-501 of the Illinois Vehicle Code or
21similar provision of a local ordinance or (ii) a violation of
22Section 9-3 of the Criminal Code of 1961 or the Criminal Code
23of 2012; (2) in the case of a crime victim who is under 18 years
24of age or an adult victim who is incompetent or incapacitated,

 

 

HB5540 Engrossed- 1344 -LRB099 16003 AMC 40320 b

1both parents, legal guardians, foster parents, or a single
2adult representative; (3) in the case of an adult deceased
3victim, 2 representatives who may be the spouse, parent, child
4or sibling of the victim, or the representative of the victim's
5estate; and (4) an immediate family member of a victim under
6clause (1) of this paragraph (a) chosen by the victim. If the
7victim is 18 years of age or over, the victim may choose any
8person to be the victim's representative. In no event shall the
9defendant or any person who aided and abetted in the commission
10of the crime be considered a victim, a crime victim, or a
11representative of the victim.
12    A board, agency, or other governmental entity making
13decisions regarding an offender's release, sentence reduction,
14or clemency can determine additional persons are victims for
15the purpose of its proceedings. person with a disability
16    (a-3) "Advocate" means a person whose communications with
17the victim are privileged under Section 8-802.1 or 8-802.2 of
18the Code of Civil Procedure, or Section 227 of the Illinois
19Domestic Violence Act of 1986.
20    (a-5) "Confer" means to consult together, share
21information, compare opinions and carry on a discussion or
22deliberation.
23    (a-7) "Sentence" includes, but is not limited to, the
24imposition of sentence, a request for a reduction in sentence,
25parole, mandatory supervised release, aftercare release, early
26release, clemency, or a proposal that would reduce the

 

 

HB5540 Engrossed- 1345 -LRB099 16003 AMC 40320 b

1defendant's sentence or result in the defendant's release.
2"Early release" refers to a discretionary release.
3    (a-9) "Sentencing" includes, but is not limited to, the
4imposition of sentence and a request for a reduction in
5sentence, parole, mandatory supervised release, aftercare
6release, or early release.
7    (b) "Witness" means any person who personally observed the
8commission of a crime and who will testify on behalf of the
9State of Illinois.
10    (c) "Violent crime Crime" means: (1) any felony in which
11force or threat of force was used against the victim; (2) any
12offense involving sexual exploitation, sexual conduct, or
13sexual penetration; (3) a violation of Section 11-20.1,
1411-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or
15the Criminal Code of 2012; (4) domestic battery or , stalking;
16(5) violation of an order of protection, a civil no contact
17order, or a stalking no contact order; (6) any misdemeanor
18which results in death or great bodily harm to the victim; or
19(7) any violation of Section 9-3 of the Criminal Code of 1961
20or the Criminal Code of 2012, or Section 11-501 of the Illinois
21Vehicle Code, or a similar provision of a local ordinance, if
22the violation resulted in personal injury or death. "Violent
23crime" includes any action committed by a juvenile that would
24be a violent crime if committed by an adult. For the purposes
25of this paragraph, "personal injury" shall include any Type A
26injury as indicated on the traffic accident report completed by

 

 

HB5540 Engrossed- 1346 -LRB099 16003 AMC 40320 b

1a law enforcement officer that requires immediate professional
2attention in either a doctor's office or medical facility. A
3type A injury shall include severely bleeding wounds, distorted
4extremities, and injuries that require the injured party to be
5carried from the scene.
6    (d) (Blank).
7    (e) "Court proceedings" includes, but is not limited to,
8the preliminary hearing, any post-arraignment hearing the
9effect of which may be the release of the defendant from
10custody or to alter the conditions of bond, change of plea
11hearing, the trial, any pretrial or post-trial hearing,
12sentencing, any oral argument or hearing before an Illinois
13appellate court, any hearing under the Mental Health and
14Developmental Disabilities Code after a finding that the
15defendant is not guilty by reason of insanity, any hearing
16related to a modification of sentence, probation revocation
17hearing, aftercare release or parole hearings, post-conviction
18relief proceedings, habeas corpus proceedings and clemency
19proceedings related to the defendant's conviction or sentence.
20For purposes of the victim's right to be present, "court
21proceedings" does not include (1) hearings under Section 109-1
22of the Code of Criminal Procedure of 1963, (2) grand jury
23proceedings, (3) status hearings, or (4) the issuance of an
24order or decision of an Illinois court that dismisses a charge,
25reverses a conviction, reduces a sentence, or releases an
26offender under a court rule.

 

 

HB5540 Engrossed- 1347 -LRB099 16003 AMC 40320 b

1    (f) "Concerned citizen" includes relatives of the victim,
2friends of the victim, witnesses to the crime, or any other
3person associated with the victim or prisoner.
4    (g) "Victim's attorney" means an attorney retained by the
5victim for the purposes of asserting the victim's
6constitutional and statutory rights. An attorney retained by
7the victim means an attorney who is hired to represent the
8victim at the victim's expense or an attorney who has agreed to
9provide pro bono representation. Nothing in this statute
10creates a right to counsel at public expense for a victim.
11(Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15;
1299-413, eff. 8-20-15; revised 10-19-15.)
 
13    Section 555. The Witness Protection Act is amended by
14changing Section 2 as follows:
 
15    (725 ILCS 245/2)  (from Ch. 38, par. 155-22)
16    Sec. 2. The Illinois Law Enforcement Commission with
17respect to federal grant moneys received by such Commission
18prior to January 1, 1983, may make grants prior to April 1,
191983 to the several State's Attorneys states attorneys of the
20State of Illinois. Such grants may be made to any State's
21Attorney states attorney who applies for funds to provide for
22protection of witnesses and the families and property of
23witnesses involved in criminal investigations and
24prosecutions.

 

 

HB5540 Engrossed- 1348 -LRB099 16003 AMC 40320 b

1(Source: P.A. 82-1039; revised 10-16-15.)
 
2    Section 560. The Unified Code of Corrections is amended by
3changing Sections 3-6-3, 5-4-3b, 5-5-3.1, 5-5-3.2, 5-5.5-5,
4and 5-6-3.1 as follows:
 
5    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
6    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
7        (a) (1) The Department of Corrections shall prescribe
8    rules and regulations for awarding and revoking sentence
9    credit for persons committed to the Department which shall
10    be subject to review by the Prisoner Review Board.
11        (1.5) As otherwise provided by law, sentence credit may
12    be awarded for the following:
13            (A) successful completion of programming while in
14        custody of the Department or while in custody prior to
15        sentencing;
16            (B) compliance with the rules and regulations of
17        the Department; or
18            (C) service to the institution, service to a
19        community, or service to the State.
20        (2) The rules and regulations on sentence credit shall
21    provide, with respect to offenses listed in clause (i),
22    (ii), or (iii) of this paragraph (2) committed on or after
23    June 19, 1998 or with respect to the offense listed in
24    clause (iv) of this paragraph (2) committed on or after

 

 

HB5540 Engrossed- 1349 -LRB099 16003 AMC 40320 b

1    June 23, 2005 (the effective date of Public Act 94-71) or
2    with respect to offense listed in clause (vi) committed on
3    or after June 1, 2008 (the effective date of Public Act
4    95-625) or with respect to the offense of being an armed
5    habitual criminal committed on or after August 2, 2005 (the
6    effective date of Public Act 94-398) or with respect to the
7    offenses listed in clause (v) of this paragraph (2)
8    committed on or after August 13, 2007 (the effective date
9    of Public Act 95-134) or with respect to the offense of
10    aggravated domestic battery committed on or after July 23,
11    2010 (the effective date of Public Act 96-1224) or with
12    respect to the offense of attempt to commit terrorism
13    committed on or after January 1, 2013 (the effective date
14    of Public Act 97-990), the following:
15            (i) that a prisoner who is serving a term of
16        imprisonment for first degree murder or for the offense
17        of terrorism shall receive no sentence credit and shall
18        serve the entire sentence imposed by the court;
19            (ii) that a prisoner serving a sentence for attempt
20        to commit terrorism, attempt to commit first degree
21        murder, solicitation of murder, solicitation of murder
22        for hire, intentional homicide of an unborn child,
23        predatory criminal sexual assault of a child,
24        aggravated criminal sexual assault, criminal sexual
25        assault, aggravated kidnapping, aggravated battery
26        with a firearm as described in Section 12-4.2 or

 

 

HB5540 Engrossed- 1350 -LRB099 16003 AMC 40320 b

1        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
2        Section 12-3.05, heinous battery as described in
3        Section 12-4.1 or subdivision (a)(2) of Section
4        12-3.05, being an armed habitual criminal, aggravated
5        battery of a senior citizen as described in Section
6        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
7        aggravated battery of a child as described in Section
8        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
9        receive no more than 4.5 days of sentence credit for
10        each month of his or her sentence of imprisonment;
11            (iii) that a prisoner serving a sentence for home
12        invasion, armed robbery, aggravated vehicular
13        hijacking, aggravated discharge of a firearm, or armed
14        violence with a category I weapon or category II
15        weapon, when the court has made and entered a finding,
16        pursuant to subsection (c-1) of Section 5-4-1 of this
17        Code, that the conduct leading to conviction for the
18        enumerated offense resulted in great bodily harm to a
19        victim, shall receive no more than 4.5 days of sentence
20        credit for each month of his or her sentence of
21        imprisonment;
22            (iv) that a prisoner serving a sentence for
23        aggravated discharge of a firearm, whether or not the
24        conduct leading to conviction for the offense resulted
25        in great bodily harm to the victim, shall receive no
26        more than 4.5 days of sentence credit for each month of

 

 

HB5540 Engrossed- 1351 -LRB099 16003 AMC 40320 b

1        his or her sentence of imprisonment;
2            (v) that a person serving a sentence for
3        gunrunning, narcotics racketeering, controlled
4        substance trafficking, methamphetamine trafficking,
5        drug-induced homicide, aggravated
6        methamphetamine-related child endangerment, money
7        laundering pursuant to clause (c) (4) or (5) of Section
8        29B-1 of the Criminal Code of 1961 or the Criminal Code
9        of 2012, or a Class X felony conviction for delivery of
10        a controlled substance, possession of a controlled
11        substance with intent to manufacture or deliver,
12        calculated criminal drug conspiracy, criminal drug
13        conspiracy, street gang criminal drug conspiracy,
14        participation in methamphetamine manufacturing,
15        aggravated participation in methamphetamine
16        manufacturing, delivery of methamphetamine, possession
17        with intent to deliver methamphetamine, aggravated
18        delivery of methamphetamine, aggravated possession
19        with intent to deliver methamphetamine,
20        methamphetamine conspiracy when the substance
21        containing the controlled substance or methamphetamine
22        is 100 grams or more shall receive no more than 7.5
23        days sentence credit for each month of his or her
24        sentence of imprisonment;
25            (vi) that a prisoner serving a sentence for a
26        second or subsequent offense of luring a minor shall

 

 

HB5540 Engrossed- 1352 -LRB099 16003 AMC 40320 b

1        receive no more than 4.5 days of sentence credit for
2        each month of his or her sentence of imprisonment; and
3            (vii) that a prisoner serving a sentence for
4        aggravated domestic battery shall receive no more than
5        4.5 days of sentence credit for each month of his or
6        her sentence of imprisonment.
7        (2.1) For all offenses, other than those enumerated in
8    subdivision (a)(2)(i), (ii), or (iii) committed on or after
9    June 19, 1998 or subdivision (a)(2)(iv) committed on or
10    after June 23, 2005 (the effective date of Public Act
11    94-71) or subdivision (a)(2)(v) committed on or after
12    August 13, 2007 (the effective date of Public Act 95-134)
13    or subdivision (a)(2)(vi) committed on or after June 1,
14    2008 (the effective date of Public Act 95-625) or
15    subdivision (a)(2)(vii) committed on or after July 23, 2010
16    (the effective date of Public Act 96-1224), and other than
17    the offense of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds, or any combination thereof as defined in
20    subparagraph (F) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code, and other than
22    the offense of aggravated driving under the influence of
23    alcohol, other drug or drugs, or intoxicating compound or
24    compounds, or any combination thereof as defined in
25    subparagraph (C) of paragraph (1) of subsection (d) of
26    Section 11-501 of the Illinois Vehicle Code committed on or

 

 

HB5540 Engrossed- 1353 -LRB099 16003 AMC 40320 b

1    after January 1, 2011 (the effective date of Public Act
2    96-1230), the rules and regulations shall provide that a
3    prisoner who is serving a term of imprisonment shall
4    receive one day of sentence credit for each day of his or
5    her sentence of imprisonment or recommitment under Section
6    3-3-9. Each day of sentence credit shall reduce by one day
7    the prisoner's period of imprisonment or recommitment
8    under Section 3-3-9.
9        (2.2) A prisoner serving a term of natural life
10    imprisonment or a prisoner who has been sentenced to death
11    shall receive no sentence credit.
12        (2.3) The rules and regulations on sentence credit
13    shall provide that a prisoner who is serving a sentence for
14    aggravated driving under the influence of alcohol, other
15    drug or drugs, or intoxicating compound or compounds, or
16    any combination thereof as defined in subparagraph (F) of
17    paragraph (1) of subsection (d) of Section 11-501 of the
18    Illinois Vehicle Code, shall receive no more than 4.5 days
19    of sentence credit for each month of his or her sentence of
20    imprisonment.
21        (2.4) The rules and regulations on sentence credit
22    shall provide with respect to the offenses of aggravated
23    battery with a machine gun or a firearm equipped with any
24    device or attachment designed or used for silencing the
25    report of a firearm or aggravated discharge of a machine
26    gun or a firearm equipped with any device or attachment

 

 

HB5540 Engrossed- 1354 -LRB099 16003 AMC 40320 b

1    designed or used for silencing the report of a firearm,
2    committed on or after July 15, 1999 (the effective date of
3    Public Act 91-121), that a prisoner serving a sentence for
4    any of these offenses shall receive no more than 4.5 days
5    of sentence credit for each month of his or her sentence of
6    imprisonment.
7        (2.5) The rules and regulations on sentence credit
8    shall provide that a prisoner who is serving a sentence for
9    aggravated arson committed on or after July 27, 2001 (the
10    effective date of Public Act 92-176) shall receive no more
11    than 4.5 days of sentence credit for each month of his or
12    her sentence of imprisonment.
13        (2.6) The rules and regulations on sentence credit
14    shall provide that a prisoner who is serving a sentence for
15    aggravated driving under the influence of alcohol, other
16    drug or drugs, or intoxicating compound or compounds or any
17    combination thereof as defined in subparagraph (C) of
18    paragraph (1) of subsection (d) of Section 11-501 of the
19    Illinois Vehicle Code committed on or after January 1, 2011
20    (the effective date of Public Act 96-1230) shall receive no
21    more than 4.5 days of sentence credit for each month of his
22    or her sentence of imprisonment.
23        (3) The rules and regulations shall also provide that
24    the Director may award up to 180 days additional sentence
25    credit for good conduct in specific instances as the
26    Director deems proper. The good conduct may include, but is

 

 

HB5540 Engrossed- 1355 -LRB099 16003 AMC 40320 b

1    not limited to, compliance with the rules and regulations
2    of the Department, service to the Department, service to a
3    community, or service to the State. However, the Director
4    shall not award more than 90 days of sentence credit for
5    good conduct to any prisoner who is serving a sentence for
6    conviction of first degree murder, reckless homicide while
7    under the influence of alcohol or any other drug, or
8    aggravated driving under the influence of alcohol, other
9    drug or drugs, or intoxicating compound or compounds, or
10    any combination thereof as defined in subparagraph (F) of
11    paragraph (1) of subsection (d) of Section 11-501 of the
12    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
13    predatory criminal sexual assault of a child, aggravated
14    criminal sexual assault, criminal sexual assault, deviate
15    sexual assault, aggravated criminal sexual abuse,
16    aggravated indecent liberties with a child, indecent
17    liberties with a child, child pornography, heinous battery
18    as described in Section 12-4.1 or subdivision (a)(2) of
19    Section 12-3.05, aggravated battery of a spouse,
20    aggravated battery of a spouse with a firearm, stalking,
21    aggravated stalking, aggravated battery of a child as
22    described in Section 12-4.3 or subdivision (b)(1) of
23    Section 12-3.05, endangering the life or health of a child,
24    or cruelty to a child. Notwithstanding the foregoing,
25    sentence credit for good conduct shall not be awarded on a
26    sentence of imprisonment imposed for conviction of: (i) one

 

 

HB5540 Engrossed- 1356 -LRB099 16003 AMC 40320 b

1    of the offenses enumerated in subdivision (a)(2)(i), (ii),
2    or (iii) when the offense is committed on or after June 19,
3    1998 or subdivision (a)(2)(iv) when the offense is
4    committed on or after June 23, 2005 (the effective date of
5    Public Act 94-71) or subdivision (a)(2)(v) when the offense
6    is committed on or after August 13, 2007 (the effective
7    date of Public Act 95-134) or subdivision (a)(2)(vi) when
8    the offense is committed on or after June 1, 2008 (the
9    effective date of Public Act 95-625) or subdivision
10    (a)(2)(vii) when the offense is committed on or after July
11    23, 2010 (the effective date of Public Act 96-1224), (ii)
12    aggravated driving under the influence of alcohol, other
13    drug or drugs, or intoxicating compound or compounds, or
14    any combination thereof as defined in subparagraph (F) of
15    paragraph (1) of subsection (d) of Section 11-501 of the
16    Illinois Vehicle Code, (iii) one of the offenses enumerated
17    in subdivision (a)(2.4) when the offense is committed on or
18    after July 15, 1999 (the effective date of Public Act
19    91-121), (iv) aggravated arson when the offense is
20    committed on or after July 27, 2001 (the effective date of
21    Public Act 92-176), (v) offenses that may subject the
22    offender to commitment under the Sexually Violent Persons
23    Commitment Act, or (vi) aggravated driving under the
24    influence of alcohol, other drug or drugs, or intoxicating
25    compound or compounds or any combination thereof as defined
26    in subparagraph (C) of paragraph (1) of subsection (d) of

 

 

HB5540 Engrossed- 1357 -LRB099 16003 AMC 40320 b

1    Section 11-501 of the Illinois Vehicle Code committed on or
2    after January 1, 2011 (the effective date of Public Act
3    96-1230).
4    Eligible inmates for an award of sentence credit under this
5paragraph (3) may be selected to receive the credit at the
6Director's or his or her designee's sole discretion.
7Consideration may be based on, but not limited to, any
8available risk assessment analysis on the inmate, any history
9of conviction for violent crimes as defined by the Rights of
10Crime Victims and Witnesses Act, facts and circumstances of the
11inmate's holding offense or offenses, and the potential for
12rehabilitation.
13    The Director shall not award sentence credit under this
14paragraph (3) to an inmate unless the inmate has served a
15minimum of 60 days of the sentence; except nothing in this
16paragraph shall be construed to permit the Director to extend
17an inmate's sentence beyond that which was imposed by the
18court. Prior to awarding credit under this paragraph (3), the
19Director shall make a written determination that the inmate:
20            (A) is eligible for the sentence credit;
21            (B) has served a minimum of 60 days, or as close to
22        60 days as the sentence will allow; and
23            (C) has met the eligibility criteria established
24        by rule.
25        The Director shall determine the form and content of
26    the written determination required in this subsection.

 

 

HB5540 Engrossed- 1358 -LRB099 16003 AMC 40320 b

1        (3.5) The Department shall provide annual written
2    reports to the Governor and the General Assembly on the
3    award of sentence credit for good conduct, with the first
4    report due January 1, 2014. The Department must publish
5    both reports on its website within 48 hours of transmitting
6    the reports to the Governor and the General Assembly. The
7    reports must include:
8            (A) the number of inmates awarded sentence credit
9        for good conduct;
10            (B) the average amount of sentence credit for good
11        conduct awarded;
12            (C) the holding offenses of inmates awarded
13        sentence credit for good conduct; and
14            (D) the number of sentence credit for good conduct
15        revocations.
16        (4) The rules and regulations shall also provide that
17    the sentence credit accumulated and retained under
18    paragraph (2.1) of subsection (a) of this Section by any
19    inmate during specific periods of time in which such inmate
20    is engaged full-time in substance abuse programs,
21    correctional industry assignments, educational programs,
22    behavior modification programs, life skills courses, or
23    re-entry planning provided by the Department under this
24    paragraph (4) and satisfactorily completes the assigned
25    program as determined by the standards of the Department,
26    shall be multiplied by a factor of 1.25 for program

 

 

HB5540 Engrossed- 1359 -LRB099 16003 AMC 40320 b

1    participation before August 11, 1993 and 1.50 for program
2    participation on or after that date. The rules and
3    regulations shall also provide that sentence credit,
4    subject to the same offense limits and multiplier provided
5    in this paragraph, may be provided to an inmate who was
6    held in pre-trial detention prior to his or her current
7    commitment to the Department of Corrections and
8    successfully completed a full-time, 60-day or longer
9    substance abuse program, educational program, behavior
10    modification program, life skills course, or re-entry
11    planning provided by the county department of corrections
12    or county jail. Calculation of this county program credit
13    shall be done at sentencing as provided in Section
14    5-4.5-100 of this Code and shall be included in the
15    sentencing order. However, no inmate shall be eligible for
16    the additional sentence credit under this paragraph (4) or
17    (4.1) of this subsection (a) while assigned to a boot camp
18    or electronic detention, or if convicted of an offense
19    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
20    Section that is committed on or after June 19, 1998 or
21    subdivision (a)(2)(iv) of this Section that is committed on
22    or after June 23, 2005 (the effective date of Public Act
23    94-71) or subdivision (a)(2)(v) of this Section that is
24    committed on or after August 13, 2007 (the effective date
25    of Public Act 95-134) or subdivision (a)(2)(vi) when the
26    offense is committed on or after June 1, 2008 (the

 

 

HB5540 Engrossed- 1360 -LRB099 16003 AMC 40320 b

1    effective date of Public Act 95-625) or subdivision
2    (a)(2)(vii) when the offense is committed on or after July
3    23, 2010 (the effective date of Public Act 96-1224), or if
4    convicted of aggravated driving under the influence of
5    alcohol, other drug or drugs, or intoxicating compound or
6    compounds or any combination thereof as defined in
7    subparagraph (F) of paragraph (1) of subsection (d) of
8    Section 11-501 of the Illinois Vehicle Code, or if
9    convicted of aggravated driving under the influence of
10    alcohol, other drug or drugs, or intoxicating compound or
11    compounds or any combination thereof as defined in
12    subparagraph (C) of paragraph (1) of subsection (d) of
13    Section 11-501 of the Illinois Vehicle Code committed on or
14    after January 1, 2011 (the effective date of Public Act
15    96-1230), or if convicted of an offense enumerated in
16    paragraph (a)(2.4) of this Section that is committed on or
17    after July 15, 1999 (the effective date of Public Act
18    91-121), or first degree murder, a Class X felony, criminal
19    sexual assault, felony criminal sexual abuse, aggravated
20    criminal sexual abuse, aggravated battery with a firearm as
21    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
22    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
23    successor offenses with the same or substantially the same
24    elements, or any inchoate offenses relating to the
25    foregoing offenses. No inmate shall be eligible for the
26    additional good conduct credit under this paragraph (4) who

 

 

HB5540 Engrossed- 1361 -LRB099 16003 AMC 40320 b

1    (i) has previously received increased good conduct credit
2    under this paragraph (4) and has subsequently been
3    convicted of a felony, or (ii) has previously served more
4    than one prior sentence of imprisonment for a felony in an
5    adult correctional facility.
6        Educational, vocational, substance abuse, behavior
7    modification programs, life skills courses, re-entry
8    planning, and correctional industry programs under which
9    sentence credit may be increased under this paragraph (4)
10    and paragraph (4.1) of this subsection (a) shall be
11    evaluated by the Department on the basis of documented
12    standards. The Department shall report the results of these
13    evaluations to the Governor and the General Assembly by
14    September 30th of each year. The reports shall include data
15    relating to the recidivism rate among program
16    participants.
17        Availability of these programs shall be subject to the
18    limits of fiscal resources appropriated by the General
19    Assembly for these purposes. Eligible inmates who are
20    denied immediate admission shall be placed on a waiting
21    list under criteria established by the Department. The
22    inability of any inmate to become engaged in any such
23    programs by reason of insufficient program resources or for
24    any other reason established under the rules and
25    regulations of the Department shall not be deemed a cause
26    of action under which the Department or any employee or

 

 

HB5540 Engrossed- 1362 -LRB099 16003 AMC 40320 b

1    agent of the Department shall be liable for damages to the
2    inmate.
3        (4.1) The rules and regulations shall also provide that
4    an additional 90 days of sentence credit shall be awarded
5    to any prisoner who passes high school equivalency testing
6    while the prisoner is committed to the Department of
7    Corrections. The sentence credit awarded under this
8    paragraph (4.1) shall be in addition to, and shall not
9    affect, the award of sentence credit under any other
10    paragraph of this Section, but shall also be pursuant to
11    the guidelines and restrictions set forth in paragraph (4)
12    of subsection (a) of this Section. The sentence credit
13    provided for in this paragraph shall be available only to
14    those prisoners who have not previously earned a high
15    school diploma or a high school equivalency certificate.
16    If, after an award of the high school equivalency testing
17    sentence credit has been made, the Department determines
18    that the prisoner was not eligible, then the award shall be
19    revoked. The Department may also award 90 days of sentence
20    credit to any committed person who passed high school
21    equivalency testing while he or she was held in pre-trial
22    detention prior to the current commitment to the Department
23    of Corrections.
24        (4.5) The rules and regulations on sentence credit
25    shall also provide that when the court's sentencing order
26    recommends a prisoner for substance abuse treatment and the

 

 

HB5540 Engrossed- 1363 -LRB099 16003 AMC 40320 b

1    crime was committed on or after September 1, 2003 (the
2    effective date of Public Act 93-354), the prisoner shall
3    receive no sentence credit awarded under clause (3) of this
4    subsection (a) unless he or she participates in and
5    completes a substance abuse treatment program. The
6    Director may waive the requirement to participate in or
7    complete a substance abuse treatment program and award the
8    sentence credit in specific instances if the prisoner is
9    not a good candidate for a substance abuse treatment
10    program for medical, programming, or operational reasons.
11    Availability of substance abuse treatment shall be subject
12    to the limits of fiscal resources appropriated by the
13    General Assembly for these purposes. If treatment is not
14    available and the requirement to participate and complete
15    the treatment has not been waived by the Director, the
16    prisoner shall be placed on a waiting list under criteria
17    established by the Department. The Director may allow a
18    prisoner placed on a waiting list to participate in and
19    complete a substance abuse education class or attend
20    substance abuse self-help meetings in lieu of a substance
21    abuse treatment program. A prisoner on a waiting list who
22    is not placed in a substance abuse program prior to release
23    may be eligible for a waiver and receive sentence credit
24    under clause (3) of this subsection (a) at the discretion
25    of the Director.
26        (4.6) The rules and regulations on sentence credit

 

 

HB5540 Engrossed- 1364 -LRB099 16003 AMC 40320 b

1    shall also provide that a prisoner who has been convicted
2    of a sex offense as defined in Section 2 of the Sex
3    Offender Registration Act shall receive no sentence credit
4    unless he or she either has successfully completed or is
5    participating in sex offender treatment as defined by the
6    Sex Offender Management Board. However, prisoners who are
7    waiting to receive treatment, but who are unable to do so
8    due solely to the lack of resources on the part of the
9    Department, may, at the Director's sole discretion, be
10    awarded sentence credit at a rate as the Director shall
11    determine.
12        (5) Whenever the Department is to release any inmate
13    earlier than it otherwise would because of a grant of
14    sentence credit for good conduct under paragraph (3) of
15    subsection (a) of this Section given at any time during the
16    term, the Department shall give reasonable notice of the
17    impending release not less than 14 days prior to the date
18    of the release to the State's Attorney of the county where
19    the prosecution of the inmate took place, and if
20    applicable, the State's Attorney of the county into which
21    the inmate will be released. The Department must also make
22    identification information and a recent photo of the inmate
23    being released accessible on the Internet by means of a
24    hyperlink labeled "Community Notification of Inmate Early
25    Release" on the Department's World Wide Web homepage. The
26    identification information shall include the inmate's:

 

 

HB5540 Engrossed- 1365 -LRB099 16003 AMC 40320 b

1    name, any known alias, date of birth, physical
2    characteristics, commitment offense and county where
3    conviction was imposed. The identification information
4    shall be placed on the website within 3 days of the
5    inmate's release and the information may not be removed
6    until either: completion of the first year of mandatory
7    supervised release or return of the inmate to custody of
8    the Department.
9    (b) Whenever a person is or has been committed under
10several convictions, with separate sentences, the sentences
11shall be construed under Section 5-8-4 in granting and
12forfeiting of sentence credit.
13    (c) The Department shall prescribe rules and regulations
14for revoking sentence credit, including revoking sentence
15credit awarded for good conduct under paragraph (3) of
16subsection (a) of this Section. The Department shall prescribe
17rules and regulations for suspending or reducing the rate of
18accumulation of sentence credit for specific rule violations,
19during imprisonment. These rules and regulations shall provide
20that no inmate may be penalized more than one year of sentence
21credit for any one infraction.
22    When the Department seeks to revoke, suspend or reduce the
23rate of accumulation of any sentence credits for an alleged
24infraction of its rules, it shall bring charges therefor
25against the prisoner sought to be so deprived of sentence
26credits before the Prisoner Review Board as provided in

 

 

HB5540 Engrossed- 1366 -LRB099 16003 AMC 40320 b

1subparagraph (a)(4) of Section 3-3-2 of this Code, if the
2amount of credit at issue exceeds 30 days or when during any 12
3month period, the cumulative amount of credit revoked exceeds
430 days except where the infraction is committed or discovered
5within 60 days of scheduled release. In those cases, the
6Department of Corrections may revoke up to 30 days of sentence
7credit. The Board may subsequently approve the revocation of
8additional sentence credit, if the Department seeks to revoke
9sentence credit in excess of 30 days. However, the Board shall
10not be empowered to review the Department's decision with
11respect to the loss of 30 days of sentence credit within any
12calendar year for any prisoner or to increase any penalty
13beyond the length requested by the Department.
14    The Director of the Department of Corrections, in
15appropriate cases, may restore up to 30 days of sentence
16credits which have been revoked, suspended or reduced. Any
17restoration of sentence credits in excess of 30 days shall be
18subject to review by the Prisoner Review Board. However, the
19Board may not restore sentence credit in excess of the amount
20requested by the Director.
21    Nothing contained in this Section shall prohibit the
22Prisoner Review Board from ordering, pursuant to Section
233-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
24sentence imposed by the court that was not served due to the
25accumulation of sentence credit.
26    (d) If a lawsuit is filed by a prisoner in an Illinois or

 

 

HB5540 Engrossed- 1367 -LRB099 16003 AMC 40320 b

1federal court against the State, the Department of Corrections,
2or the Prisoner Review Board, or against any of their officers
3or employees, and the court makes a specific finding that a
4pleading, motion, or other paper filed by the prisoner is
5frivolous, the Department of Corrections shall conduct a
6hearing to revoke up to 180 days of sentence credit by bringing
7charges against the prisoner sought to be deprived of the
8sentence credits before the Prisoner Review Board as provided
9in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
10prisoner has not accumulated 180 days of sentence credit at the
11time of the finding, then the Prisoner Review Board may revoke
12all sentence credit accumulated by the prisoner.
13    For purposes of this subsection (d):
14        (1) "Frivolous" means that a pleading, motion, or other
15    filing which purports to be a legal document filed by a
16    prisoner in his or her lawsuit meets any or all of the
17    following criteria:
18            (A) it lacks an arguable basis either in law or in
19        fact;
20            (B) it is being presented for any improper purpose,
21        such as to harass or to cause unnecessary delay or
22        needless increase in the cost of litigation;
23            (C) the claims, defenses, and other legal
24        contentions therein are not warranted by existing law
25        or by a nonfrivolous argument for the extension,
26        modification, or reversal of existing law or the

 

 

HB5540 Engrossed- 1368 -LRB099 16003 AMC 40320 b

1        establishment of new law;
2            (D) the allegations and other factual contentions
3        do not have evidentiary support or, if specifically so
4        identified, are not likely to have evidentiary support
5        after a reasonable opportunity for further
6        investigation or discovery; or
7            (E) the denials of factual contentions are not
8        warranted on the evidence, or if specifically so
9        identified, are not reasonably based on a lack of
10        information or belief.
11        (2) "Lawsuit" means a motion pursuant to Section 116-3
12    of the Code of Criminal Procedure of 1963, a habeas corpus
13    action under Article X of the Code of Civil Procedure or
14    under federal law (28 U.S.C. 2254), a petition for claim
15    under the Court of Claims Act, an action under the federal
16    Civil Rights Act (42 U.S.C. 1983), or a second or
17    subsequent petition for post-conviction relief under
18    Article 122 of the Code of Criminal Procedure of 1963
19    whether filed with or without leave of court or a second or
20    subsequent petition for relief from judgment under Section
21    2-1401 of the Code of Civil Procedure.
22    (e) Nothing in Public Act 90-592 or 90-593 affects the
23validity of Public Act 89-404.
24    (f) Whenever the Department is to release any inmate who
25has been convicted of a violation of an order of protection
26under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

 

 

HB5540 Engrossed- 1369 -LRB099 16003 AMC 40320 b

1the Criminal Code of 2012, earlier than it otherwise would
2because of a grant of sentence credit, the Department, as a
3condition of release, shall require that the person, upon
4release, be placed under electronic surveillance as provided in
5Section 5-8A-7 of this Code.
6(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
7eff. 1-1-16; revised 10-19-15.)
 
8    (730 ILCS 5/5-4-3b)
9    Sec. 5-4-3b. Electronic Laboratory Information Management
10System.
11    (a) The Department of State Police shall obtain, implement,
12and maintain an Electronic Laboratory Information Management
13System (LIMS), to efficiently and effectively track all
14evidence submitted for forensic testing. At a minimum, the LIMS
15shall record:
16        (1) the criminal offense or suspected criminal offense
17    for which the evidence is being submitted;
18        (2) the law enforcement agency submitting the
19    evidence;
20        (3) the name of the victim;
21        (4) the law enforcement agency case number;
22        (5) the State Police Laboratory case number;
23        (6) the date the evidence was received by the State
24    Police Laboratory;
25        (7) if the State Police Laboratory sent the evidence

 

 

HB5540 Engrossed- 1370 -LRB099 16003 AMC 40320 b

1    for analysis to another designated laboratory, the name of
2    the laboratory and the date the evidence was sent to that
3    laboratory; and
4        (8) the date and description of any results or
5    information regarding the analysis sent to the submitting
6    law enforcement agency by the State Police Laboratory or
7    any other designated laboratory.
8    The LIMS shall also link multiple forensic evidence
9submissions pertaining to a single criminal investigation such
10that evidence submitted to confirm a previously reported
11Combined DNA Index System (CODIS) hit in a State or federal
12database can be linked to the initial evidence submission. The
13LIMS shall be such that the system provides ease of
14interoperability with law enforcement agencies for evidence
15submission and reporting, as well as supports expansion
16capabilities for future internal networking and laboratory
17operations.
18    (b) The Department of State Police, in consultation with
19and subject to the approval of the Chief Procurement Officer,
20may procure a single contract or multiple contracts to
21implement the provisions of this Section. A contract or
22contracts under this subsection are not subject to the
23provisions of the Illinois Procurement Code, except for
24Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
25Code, provided that the Chief Procurement Officer may, in
26writing with justification, waive any certification required

 

 

HB5540 Engrossed- 1371 -LRB099 16003 AMC 40320 b

1under Article 50 of the Illinois Procurement Code. This
2exemption is inoperative 2 years from January 1, 2016 (the
3effective date of Public Act 99-352) this amendatory Act of the
499th General Assembly.
5(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
 
6    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
7    Sec. 5-5-3.1. Factors in Mitigation.
8    (a) The following grounds shall be accorded weight in favor
9of withholding or minimizing a sentence of imprisonment:
10        (1) The defendant's criminal conduct neither caused
11    nor threatened serious physical harm to another.
12        (2) The defendant did not contemplate that his criminal
13    conduct would cause or threaten serious physical harm to
14    another.
15        (3) The defendant acted under a strong provocation.
16        (4) There were substantial grounds tending to excuse or
17    justify the defendant's criminal conduct, though failing
18    to establish a defense.
19        (5) The defendant's criminal conduct was induced or
20    facilitated by someone other than the defendant.
21        (6) The defendant has compensated or will compensate
22    the victim of his criminal conduct for the damage or injury
23    that he sustained.
24        (7) The defendant has no history of prior delinquency
25    or criminal activity or has led a law-abiding life for a

 

 

HB5540 Engrossed- 1372 -LRB099 16003 AMC 40320 b

1    substantial period of time before the commission of the
2    present crime.
3        (8) The defendant's criminal conduct was the result of
4    circumstances unlikely to recur.
5        (9) The character and attitudes of the defendant
6    indicate that he is unlikely to commit another crime.
7        (10) The defendant is particularly likely to comply
8    with the terms of a period of probation.
9        (11) The imprisonment of the defendant would entail
10    excessive hardship to his dependents.
11        (12) The imprisonment of the defendant would endanger
12    his or her medical condition.
13        (13) The defendant was a person with an intellectual
14    disability as defined in Section 5-1-13 of this Code.
15        (14) The defendant sought or obtained emergency
16    medical assistance for an overdose and was convicted of a
17    Class 3 felony or higher possession, manufacture, or
18    delivery of a controlled, counterfeit, or look-alike
19    substance or a controlled substance analog under the
20    Illinois Controlled Substances Act or a Class 2 felony or
21    higher possession, manufacture or delivery of
22    methamphetamine under the Methamphetamine Control and
23    Community Protection Act.
24        (15) At the time of the offense, the defendant is or
25    had been the victim of domestic violence and the effects of
26    the domestic violence tended to excuse or justify the

 

 

HB5540 Engrossed- 1373 -LRB099 16003 AMC 40320 b

1    defendant's criminal conduct. As used in this paragraph
2    (15), "domestic violence" means abuse as defined in Section
3    103 of the Illinois Domestic Violence Act of 1986.
4    (b) If the court, having due regard for the character of
5the offender, the nature and circumstances of the offense and
6the public interest finds that a sentence of imprisonment is
7the most appropriate disposition of the offender, or where
8other provisions of this Code mandate the imprisonment of the
9offender, the grounds listed in paragraph (a) of this
10subsection shall be considered as factors in mitigation of the
11term imposed.
12(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
1399-384, eff. 1-1-16; revised 10-16-15.)
 
14    (730 ILCS 5/5-5-3.2)
15    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
16Sentencing.
17    (a) The following factors shall be accorded weight in favor
18of imposing a term of imprisonment or may be considered by the
19court as reasons to impose a more severe sentence under Section
205-8-1 or Article 4.5 of Chapter V:
21        (1) the defendant's conduct caused or threatened
22    serious harm;
23        (2) the defendant received compensation for committing
24    the offense;
25        (3) the defendant has a history of prior delinquency or

 

 

HB5540 Engrossed- 1374 -LRB099 16003 AMC 40320 b

1    criminal activity;
2        (4) the defendant, by the duties of his office or by
3    his position, was obliged to prevent the particular offense
4    committed or to bring the offenders committing it to
5    justice;
6        (5) the defendant held public office at the time of the
7    offense, and the offense related to the conduct of that
8    office;
9        (6) the defendant utilized his professional reputation
10    or position in the community to commit the offense, or to
11    afford him an easier means of committing it;
12        (7) the sentence is necessary to deter others from
13    committing the same crime;
14        (8) the defendant committed the offense against a
15    person 60 years of age or older or such person's property;
16        (9) the defendant committed the offense against a
17    person who has a physical disability or such person's
18    property;
19        (10) by reason of another individual's actual or
20    perceived race, color, creed, religion, ancestry, gender,
21    sexual orientation, physical or mental disability, or
22    national origin, the defendant committed the offense
23    against (i) the person or property of that individual; (ii)
24    the person or property of a person who has an association
25    with, is married to, or has a friendship with the other
26    individual; or (iii) the person or property of a relative

 

 

HB5540 Engrossed- 1375 -LRB099 16003 AMC 40320 b

1    (by blood or marriage) of a person described in clause (i)
2    or (ii). For the purposes of this Section, "sexual
3    orientation" has the meaning ascribed to it in paragraph
4    (O-1) of Section 1-103 of the Illinois Human Rights Act;
5        (11) the offense took place in a place of worship or on
6    the grounds of a place of worship, immediately prior to,
7    during or immediately following worship services. For
8    purposes of this subparagraph, "place of worship" shall
9    mean any church, synagogue or other building, structure or
10    place used primarily for religious worship;
11        (12) the defendant was convicted of a felony committed
12    while he was released on bail or his own recognizance
13    pending trial for a prior felony and was convicted of such
14    prior felony, or the defendant was convicted of a felony
15    committed while he was serving a period of probation,
16    conditional discharge, or mandatory supervised release
17    under subsection (d) of Section 5-8-1 for a prior felony;
18        (13) the defendant committed or attempted to commit a
19    felony while he was wearing a bulletproof vest. For the
20    purposes of this paragraph (13), a bulletproof vest is any
21    device which is designed for the purpose of protecting the
22    wearer from bullets, shot or other lethal projectiles;
23        (14) the defendant held a position of trust or
24    supervision such as, but not limited to, family member as
25    defined in Section 11-0.1 of the Criminal Code of 2012,
26    teacher, scout leader, baby sitter, or day care worker, in

 

 

HB5540 Engrossed- 1376 -LRB099 16003 AMC 40320 b

1    relation to a victim under 18 years of age, and the
2    defendant committed an offense in violation of Section
3    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
4    11-14.4 except for an offense that involves keeping a place
5    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
6    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
7    or 12-16 of the Criminal Code of 1961 or the Criminal Code
8    of 2012 against that victim;
9        (15) the defendant committed an offense related to the
10    activities of an organized gang. For the purposes of this
11    factor, "organized gang" has the meaning ascribed to it in
12    Section 10 of the Streetgang Terrorism Omnibus Prevention
13    Act;
14        (16) the defendant committed an offense in violation of
15    one of the following Sections while in a school, regardless
16    of the time of day or time of year; on any conveyance
17    owned, leased, or contracted by a school to transport
18    students to or from school or a school related activity; on
19    the real property of a school; or on a public way within
20    1,000 feet of the real property comprising any school:
21    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
22    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
23    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
24    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
25    18-2, or 33A-2, or Section 12-3.05 except for subdivision
26    (a)(4) or (g)(1), of the Criminal Code of 1961 or the

 

 

HB5540 Engrossed- 1377 -LRB099 16003 AMC 40320 b

1    Criminal Code of 2012;
2        (16.5) the defendant committed an offense in violation
3    of one of the following Sections while in a day care
4    center, regardless of the time of day or time of year; on
5    the real property of a day care center, regardless of the
6    time of day or time of year; or on a public way within
7    1,000 feet of the real property comprising any day care
8    center, regardless of the time of day or time of year:
9    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
10    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
13    18-2, or 33A-2, or Section 12-3.05 except for subdivision
14    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
15    Criminal Code of 2012;
16        (17) the defendant committed the offense by reason of
17    any person's activity as a community policing volunteer or
18    to prevent any person from engaging in activity as a
19    community policing volunteer. For the purpose of this
20    Section, "community policing volunteer" has the meaning
21    ascribed to it in Section 2-3.5 of the Criminal Code of
22    2012;
23        (18) the defendant committed the offense in a nursing
24    home or on the real property comprising a nursing home. For
25    the purposes of this paragraph (18), "nursing home" means a
26    skilled nursing or intermediate long term care facility

 

 

HB5540 Engrossed- 1378 -LRB099 16003 AMC 40320 b

1    that is subject to license by the Illinois Department of
2    Public Health under the Nursing Home Care Act, the
3    Specialized Mental Health Rehabilitation Act of 2013, the
4    ID/DD Community Care Act, or the MC/DD Act;
5        (19) the defendant was a federally licensed firearm
6    dealer and was previously convicted of a violation of
7    subsection (a) of Section 3 of the Firearm Owners
8    Identification Card Act and has now committed either a
9    felony violation of the Firearm Owners Identification Card
10    Act or an act of armed violence while armed with a firearm;
11        (20) the defendant (i) committed the offense of
12    reckless homicide under Section 9-3 of the Criminal Code of
13    1961 or the Criminal Code of 2012 or the offense of driving
14    under the influence of alcohol, other drug or drugs,
15    intoxicating compound or compounds or any combination
16    thereof under Section 11-501 of the Illinois Vehicle Code
17    or a similar provision of a local ordinance and (ii) was
18    operating a motor vehicle in excess of 20 miles per hour
19    over the posted speed limit as provided in Article VI of
20    Chapter 11 of the Illinois Vehicle Code;
21        (21) the defendant (i) committed the offense of
22    reckless driving or aggravated reckless driving under
23    Section 11-503 of the Illinois Vehicle Code and (ii) was
24    operating a motor vehicle in excess of 20 miles per hour
25    over the posted speed limit as provided in Article VI of
26    Chapter 11 of the Illinois Vehicle Code;

 

 

HB5540 Engrossed- 1379 -LRB099 16003 AMC 40320 b

1        (22) the defendant committed the offense against a
2    person that the defendant knew, or reasonably should have
3    known, was a member of the Armed Forces of the United
4    States serving on active duty. For purposes of this clause
5    (22), the term "Armed Forces" means any of the Armed Forces
6    of the United States, including a member of any reserve
7    component thereof or National Guard unit called to active
8    duty;
9        (23) the defendant committed the offense against a
10    person who was elderly or infirm or who was a person with a
11    disability by taking advantage of a family or fiduciary
12    relationship with the elderly or infirm person or person
13    with a disability;
14        (24) the defendant committed any offense under Section
15    11-20.1 of the Criminal Code of 1961 or the Criminal Code
16    of 2012 and possessed 100 or more images;
17        (25) the defendant committed the offense while the
18    defendant or the victim was in a train, bus, or other
19    vehicle used for public transportation;
20        (26) the defendant committed the offense of child
21    pornography or aggravated child pornography, specifically
22    including paragraph (1), (2), (3), (4), (5), or (7) of
23    subsection (a) of Section 11-20.1 of the Criminal Code of
24    1961 or the Criminal Code of 2012 where a child engaged in,
25    solicited for, depicted in, or posed in any act of sexual
26    penetration or bound, fettered, or subject to sadistic,

 

 

HB5540 Engrossed- 1380 -LRB099 16003 AMC 40320 b

1    masochistic, or sadomasochistic abuse in a sexual context
2    and specifically including paragraph (1), (2), (3), (4),
3    (5), or (7) of subsection (a) of Section 11-20.1B or
4    Section 11-20.3 of the Criminal Code of 1961 where a child
5    engaged in, solicited for, depicted in, or posed in any act
6    of sexual penetration or bound, fettered, or subject to
7    sadistic, masochistic, or sadomasochistic abuse in a
8    sexual context;
9        (27) the defendant committed the offense of first
10    degree murder, assault, aggravated assault, battery,
11    aggravated battery, robbery, armed robbery, or aggravated
12    robbery against a person who was a veteran and the
13    defendant knew, or reasonably should have known, that the
14    person was a veteran performing duties as a representative
15    of a veterans' organization. For the purposes of this
16    paragraph (27), "veteran" means an Illinois resident who
17    has served as a member of the United States Armed Forces, a
18    member of the Illinois National Guard, or a member of the
19    United States Reserve Forces; and "veterans' organization"
20    means an organization comprised of members of which
21    substantially all are individuals who are veterans or
22    spouses, widows, or widowers of veterans, the primary
23    purpose of which is to promote the welfare of its members
24    and to provide assistance to the general public in such a
25    way as to confer a public benefit;
26        (28) the defendant committed the offense of assault,

 

 

HB5540 Engrossed- 1381 -LRB099 16003 AMC 40320 b

1    aggravated assault, battery, aggravated battery, robbery,
2    armed robbery, or aggravated robbery against a person that
3    the defendant knew or reasonably should have known was a
4    letter carrier or postal worker while that person was
5    performing his or her duties delivering mail for the United
6    States Postal Service; or
7        (29) the defendant committed the offense of criminal
8    sexual assault, aggravated criminal sexual assault,
9    criminal sexual abuse, or aggravated criminal sexual abuse
10    against a victim with an intellectual disability, and the
11    defendant holds a position of trust, authority, or
12    supervision in relation to the victim; or
13        (30) (29) the defendant committed the offense of
14    promoting juvenile prostitution, patronizing a prostitute,
15    or patronizing a minor engaged in prostitution and at the
16    time of the commission of the offense knew that the
17    prostitute or minor engaged in prostitution was in the
18    custody or guardianship of the Department of Children and
19    Family Services.
20    For the purposes of this Section:
21    "School" is defined as a public or private elementary or
22secondary school, community college, college, or university.
23    "Day care center" means a public or private State certified
24and licensed day care center as defined in Section 2.09 of the
25Child Care Act of 1969 that displays a sign in plain view
26stating that the property is a day care center.

 

 

HB5540 Engrossed- 1382 -LRB099 16003 AMC 40320 b

1    "Intellectual disability" means significantly subaverage
2intellectual functioning which exists concurrently with
3impairment in adaptive behavior.
4    "Public transportation" means the transportation or
5conveyance of persons by means available to the general public,
6and includes paratransit services.
7    (b) The following factors, related to all felonies, may be
8considered by the court as reasons to impose an extended term
9sentence under Section 5-8-2 upon any offender:
10        (1) When a defendant is convicted of any felony, after
11    having been previously convicted in Illinois or any other
12    jurisdiction of the same or similar class felony or greater
13    class felony, when such conviction has occurred within 10
14    years after the previous conviction, excluding time spent
15    in custody, and such charges are separately brought and
16    tried and arise out of different series of acts; or
17        (2) When a defendant is convicted of any felony and the
18    court finds that the offense was accompanied by
19    exceptionally brutal or heinous behavior indicative of
20    wanton cruelty; or
21        (3) When a defendant is convicted of any felony
22    committed against:
23            (i) a person under 12 years of age at the time of
24        the offense or such person's property;
25            (ii) a person 60 years of age or older at the time
26        of the offense or such person's property; or

 

 

HB5540 Engrossed- 1383 -LRB099 16003 AMC 40320 b

1            (iii) a person who had a physical disability at the
2        time of the offense or such person's property; or
3        (4) When a defendant is convicted of any felony and the
4    offense involved any of the following types of specific
5    misconduct committed as part of a ceremony, rite,
6    initiation, observance, performance, practice or activity
7    of any actual or ostensible religious, fraternal, or social
8    group:
9            (i) the brutalizing or torturing of humans or
10        animals;
11            (ii) the theft of human corpses;
12            (iii) the kidnapping of humans;
13            (iv) the desecration of any cemetery, religious,
14        fraternal, business, governmental, educational, or
15        other building or property; or
16            (v) ritualized abuse of a child; or
17        (5) When a defendant is convicted of a felony other
18    than conspiracy and the court finds that the felony was
19    committed under an agreement with 2 or more other persons
20    to commit that offense and the defendant, with respect to
21    the other individuals, occupied a position of organizer,
22    supervisor, financier, or any other position of management
23    or leadership, and the court further finds that the felony
24    committed was related to or in furtherance of the criminal
25    activities of an organized gang or was motivated by the
26    defendant's leadership in an organized gang; or

 

 

HB5540 Engrossed- 1384 -LRB099 16003 AMC 40320 b

1        (6) When a defendant is convicted of an offense
2    committed while using a firearm with a laser sight attached
3    to it. For purposes of this paragraph, "laser sight" has
4    the meaning ascribed to it in Section 26-7 of the Criminal
5    Code of 2012; or
6        (7) When a defendant who was at least 17 years of age
7    at the time of the commission of the offense is convicted
8    of a felony and has been previously adjudicated a
9    delinquent minor under the Juvenile Court Act of 1987 for
10    an act that if committed by an adult would be a Class X or
11    Class 1 felony when the conviction has occurred within 10
12    years after the previous adjudication, excluding time
13    spent in custody; or
14        (8) When a defendant commits any felony and the
15    defendant used, possessed, exercised control over, or
16    otherwise directed an animal to assault a law enforcement
17    officer engaged in the execution of his or her official
18    duties or in furtherance of the criminal activities of an
19    organized gang in which the defendant is engaged; or
20        (9) When a defendant commits any felony and the
21    defendant knowingly video or audio records the offense with
22    the intent to disseminate the recording.
23    (c) The following factors may be considered by the court as
24reasons to impose an extended term sentence under Section 5-8-2
25(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
26        (1) When a defendant is convicted of first degree

 

 

HB5540 Engrossed- 1385 -LRB099 16003 AMC 40320 b

1    murder, after having been previously convicted in Illinois
2    of any offense listed under paragraph (c)(2) of Section
3    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
4    within 10 years after the previous conviction, excluding
5    time spent in custody, and the charges are separately
6    brought and tried and arise out of different series of
7    acts.
8        (1.5) When a defendant is convicted of first degree
9    murder, after having been previously convicted of domestic
10    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
11    (720 ILCS 5/12-3.3) committed on the same victim or after
12    having been previously convicted of violation of an order
13    of protection (720 ILCS 5/12-30) in which the same victim
14    was the protected person.
15        (2) When a defendant is convicted of voluntary
16    manslaughter, second degree murder, involuntary
17    manslaughter, or reckless homicide in which the defendant
18    has been convicted of causing the death of more than one
19    individual.
20        (3) When a defendant is convicted of aggravated
21    criminal sexual assault or criminal sexual assault, when
22    there is a finding that aggravated criminal sexual assault
23    or criminal sexual assault was also committed on the same
24    victim by one or more other individuals, and the defendant
25    voluntarily participated in the crime with the knowledge of
26    the participation of the others in the crime, and the

 

 

HB5540 Engrossed- 1386 -LRB099 16003 AMC 40320 b

1    commission of the crime was part of a single course of
2    conduct during which there was no substantial change in the
3    nature of the criminal objective.
4        (4) If the victim was under 18 years of age at the time
5    of the commission of the offense, when a defendant is
6    convicted of aggravated criminal sexual assault or
7    predatory criminal sexual assault of a child under
8    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
9    of Section 12-14.1 of the Criminal Code of 1961 or the
10    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
11        (5) When a defendant is convicted of a felony violation
12    of Section 24-1 of the Criminal Code of 1961 or the
13    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
14    finding that the defendant is a member of an organized
15    gang.
16        (6) When a defendant was convicted of unlawful use of
17    weapons under Section 24-1 of the Criminal Code of 1961 or
18    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
19    a weapon that is not readily distinguishable as one of the
20    weapons enumerated in Section 24-1 of the Criminal Code of
21    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
22        (7) When a defendant is convicted of an offense
23    involving the illegal manufacture of a controlled
24    substance under Section 401 of the Illinois Controlled
25    Substances Act (720 ILCS 570/401), the illegal manufacture
26    of methamphetamine under Section 25 of the Methamphetamine

 

 

HB5540 Engrossed- 1387 -LRB099 16003 AMC 40320 b

1    Control and Community Protection Act (720 ILCS 646/25), or
2    the illegal possession of explosives and an emergency
3    response officer in the performance of his or her duties is
4    killed or injured at the scene of the offense while
5    responding to the emergency caused by the commission of the
6    offense. In this paragraph, "emergency" means a situation
7    in which a person's life, health, or safety is in jeopardy;
8    and "emergency response officer" means a peace officer,
9    community policing volunteer, fireman, emergency medical
10    technician-ambulance, emergency medical
11    technician-intermediate, emergency medical
12    technician-paramedic, ambulance driver, other medical
13    assistance or first aid personnel, or hospital emergency
14    room personnel.
15        (8) When the defendant is convicted of attempted mob
16    action, solicitation to commit mob action, or conspiracy to
17    commit mob action under Section 8-1, 8-2, or 8-4 of the
18    Criminal Code of 2012, where the criminal object is a
19    violation of Section 25-1 of the Criminal Code of 2012, and
20    an electronic communication is used in the commission of
21    the offense. For the purposes of this paragraph (8),
22    "electronic communication" shall have the meaning provided
23    in Section 26.5-0.1 of the Criminal Code of 2012.
24    (d) For the purposes of this Section, "organized gang" has
25the meaning ascribed to it in Section 10 of the Illinois
26Streetgang Terrorism Omnibus Prevention Act.

 

 

HB5540 Engrossed- 1388 -LRB099 16003 AMC 40320 b

1    (e) The court may impose an extended term sentence under
2Article 4.5 of Chapter V upon an offender who has been
3convicted of a felony violation of Section 11-1.20, 11-1.30,
411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
512-16 of the Criminal Code of 1961 or the Criminal Code of 2012
6when the victim of the offense is under 18 years of age at the
7time of the commission of the offense and, during the
8commission of the offense, the victim was under the influence
9of alcohol, regardless of whether or not the alcohol was
10supplied by the offender; and the offender, at the time of the
11commission of the offense, knew or should have known that the
12victim had consumed alcohol.
13(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,
14eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,
15eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;
1699-347, eff. 1-1-16; revised 10-19-15.)
 
17    (730 ILCS 5/5-5.5-5)
18    Sec. 5-5.5-5. Definition Definitions and rules of
19construction. In this Article, "eligible : "Eligible offender"
20means a person who has been convicted of a crime in this State
21or of an offense in any other jurisdiction that does not
22include any offense or attempted offense that would subject a
23person to registration under the Sex Offender Registration Act,
24the Arsonist Registration Act, or the Murderer and Violent
25Offender Against Youth Registration Act. "Eligible offender"

 

 

HB5540 Engrossed- 1389 -LRB099 16003 AMC 40320 b

1does not include a person who has been convicted of arson,
2aggravated arson, kidnapping, aggravated kidnaping, aggravated
3driving under the influence of alcohol, other drug or drugs, or
4intoxicating compound or compounds, or any combination
5thereof, or aggravated domestic battery.
6(Source: P.A. 99-381, eff. 1-1-16; revised 10-19-15.)
 
7    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
8    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
9    (a) When a defendant is placed on supervision, the court
10shall enter an order for supervision specifying the period of
11such supervision, and shall defer further proceedings in the
12case until the conclusion of the period.
13    (b) The period of supervision shall be reasonable under all
14of the circumstances of the case, but may not be longer than 2
15years, unless the defendant has failed to pay the assessment
16required by Section 10.3 of the Cannabis Control Act, Section
17411.2 of the Illinois Controlled Substances Act, or Section 80
18of the Methamphetamine Control and Community Protection Act, in
19which case the court may extend supervision beyond 2 years.
20Additionally, the court shall order the defendant to perform no
21less than 30 hours of community service and not more than 120
22hours of community service, if community service is available
23in the jurisdiction and is funded and approved by the county
24board where the offense was committed, when the offense (1) was
25related to or in furtherance of the criminal activities of an

 

 

HB5540 Engrossed- 1390 -LRB099 16003 AMC 40320 b

1organized gang or was motivated by the defendant's membership
2in or allegiance to an organized gang; or (2) is a violation of
3any Section of Article 24 of the Criminal Code of 1961 or the
4Criminal Code of 2012 where a disposition of supervision is not
5prohibited by Section 5-6-1 of this Code. The community service
6shall include, but not be limited to, the cleanup and repair of
7any damage caused by violation of Section 21-1.3 of the
8Criminal Code of 1961 or the Criminal Code of 2012 and similar
9damages to property located within the municipality or county
10in which the violation occurred. Where possible and reasonable,
11the community service should be performed in the offender's
12neighborhood.
13    For the purposes of this Section, "organized gang" has the
14meaning ascribed to it in Section 10 of the Illinois Streetgang
15Terrorism Omnibus Prevention Act.
16    (c) The court may in addition to other reasonable
17conditions relating to the nature of the offense or the
18rehabilitation of the defendant as determined for each
19defendant in the proper discretion of the court require that
20the person:
21        (1) make a report to and appear in person before or
22    participate with the court or such courts, person, or
23    social service agency as directed by the court in the order
24    of supervision;
25        (2) pay a fine and costs;
26        (3) work or pursue a course of study or vocational

 

 

HB5540 Engrossed- 1391 -LRB099 16003 AMC 40320 b

1    training;
2        (4) undergo medical, psychological or psychiatric
3    treatment; or treatment for drug addiction or alcoholism;
4        (5) attend or reside in a facility established for the
5    instruction or residence of defendants on probation;
6        (6) support his dependents;
7        (7) refrain from possessing a firearm or other
8    dangerous weapon;
9        (8) and in addition, if a minor:
10            (i) reside with his parents or in a foster home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13            (iv) contribute to his own support at home or in a
14        foster home; or
15            (v) with the consent of the superintendent of the
16        facility, attend an educational program at a facility
17        other than the school in which the offense was
18        committed if he or she is placed on supervision for a
19        crime of violence as defined in Section 2 of the Crime
20        Victims Compensation Act committed in a school, on the
21        real property comprising a school, or within 1,000 feet
22        of the real property comprising a school;
23        (9) make restitution or reparation in an amount not to
24    exceed actual loss or damage to property and pecuniary loss
25    or make restitution under Section 5-5-6 to a domestic
26    violence shelter. The court shall determine the amount and

 

 

HB5540 Engrossed- 1392 -LRB099 16003 AMC 40320 b

1    conditions of payment;
2        (10) perform some reasonable public or community
3    service;
4        (11) comply with the terms and conditions of an order
5    of protection issued by the court pursuant to the Illinois
6    Domestic Violence Act of 1986 or an order of protection
7    issued by the court of another state, tribe, or United
8    States territory. If the court has ordered the defendant to
9    make a report and appear in person under paragraph (1) of
10    this subsection, a copy of the order of protection shall be
11    transmitted to the person or agency so designated by the
12    court;
13        (12) reimburse any "local anti-crime program" as
14    defined in Section 7 of the Anti-Crime Advisory Council Act
15    for any reasonable expenses incurred by the program on the
16    offender's case, not to exceed the maximum amount of the
17    fine authorized for the offense for which the defendant was
18    sentenced;
19        (13) contribute a reasonable sum of money, not to
20    exceed the maximum amount of the fine authorized for the
21    offense for which the defendant was sentenced, (i) to a
22    "local anti-crime program", as defined in Section 7 of the
23    Anti-Crime Advisory Council Act, or (ii) for offenses under
24    the jurisdiction of the Department of Natural Resources, to
25    the fund established by the Department of Natural Resources
26    for the purchase of evidence for investigation purposes and

 

 

HB5540 Engrossed- 1393 -LRB099 16003 AMC 40320 b

1    to conduct investigations as outlined in Section 805-105 of
2    the Department of Natural Resources (Conservation) Law;
3        (14) refrain from entering into a designated
4    geographic area except upon such terms as the court finds
5    appropriate. Such terms may include consideration of the
6    purpose of the entry, the time of day, other persons
7    accompanying the defendant, and advance approval by a
8    probation officer;
9        (15) refrain from having any contact, directly or
10    indirectly, with certain specified persons or particular
11    types of person, including but not limited to members of
12    street gangs and drug users or dealers;
13        (16) refrain from having in his or her body the
14    presence of any illicit drug prohibited by the Cannabis
15    Control Act, the Illinois Controlled Substances Act, or the
16    Methamphetamine Control and Community Protection Act,
17    unless prescribed by a physician, and submit samples of his
18    or her blood or urine or both for tests to determine the
19    presence of any illicit drug;
20        (17) refrain from operating any motor vehicle not
21    equipped with an ignition interlock device as defined in
22    Section 1-129.1 of the Illinois Vehicle Code; under this
23    condition the court may allow a defendant who is not
24    self-employed to operate a vehicle owned by the defendant's
25    employer that is not equipped with an ignition interlock
26    device in the course and scope of the defendant's

 

 

HB5540 Engrossed- 1394 -LRB099 16003 AMC 40320 b

1    employment; and
2        (18) if placed on supervision for a sex offense as
3    defined in subsection (a-5) of Section 3-1-2 of this Code,
4    unless the offender is a parent or guardian of the person
5    under 18 years of age present in the home and no
6    non-familial minors are present, not participate in a
7    holiday event involving children under 18 years of age,
8    such as distributing candy or other items to children on
9    Halloween, wearing a Santa Claus costume on or preceding
10    Christmas, being employed as a department store Santa
11    Claus, or wearing an Easter Bunny costume on or preceding
12    Easter.
13    (c-5) If payment of restitution as ordered has not been
14made, the victim shall file a petition notifying the sentencing
15court, any other person to whom restitution is owed, and the
16State's Attorney of the status of the ordered restitution
17payments unpaid at least 90 days before the supervision
18expiration date. If payment as ordered has not been made, the
19court shall hold a review hearing prior to the expiration date,
20unless the hearing is voluntarily waived by the defendant with
21the knowledge that waiver may result in an extension of the
22supervision period or in a revocation of supervision. If the
23court does not extend supervision, it shall issue a judgment
24for the unpaid restitution and direct the clerk of the circuit
25court to file and enter the judgment in the judgment and lien
26docket, without fee, unless it finds that the victim has

 

 

HB5540 Engrossed- 1395 -LRB099 16003 AMC 40320 b

1recovered a judgment against the defendant for the amount
2covered by the restitution order. If the court issues a
3judgment for the unpaid restitution, the court shall send to
4the defendant at his or her last known address written
5notification that a civil judgment has been issued for the
6unpaid restitution.
7    (d) The court shall defer entering any judgment on the
8charges until the conclusion of the supervision.
9    (e) At the conclusion of the period of supervision, if the
10court determines that the defendant has successfully complied
11with all of the conditions of supervision, the court shall
12discharge the defendant and enter a judgment dismissing the
13charges.
14    (f) Discharge and dismissal upon a successful conclusion of
15a disposition of supervision shall be deemed without
16adjudication of guilt and shall not be termed a conviction for
17purposes of disqualification or disabilities imposed by law
18upon conviction of a crime. Two years after the discharge and
19dismissal under this Section, unless the disposition of
20supervision was for a violation of Sections 3-707, 3-708,
213-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
22similar provision of a local ordinance, or for a violation of
23Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
24or the Criminal Code of 2012, in which case it shall be 5 years
25after discharge and dismissal, a person may have his record of
26arrest sealed or expunged as may be provided by law. However,

 

 

HB5540 Engrossed- 1396 -LRB099 16003 AMC 40320 b

1any defendant placed on supervision before January 1, 1980, may
2move for sealing or expungement of his arrest record, as
3provided by law, at any time after discharge and dismissal
4under this Section. A person placed on supervision for a sexual
5offense committed against a minor as defined in clause
6(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
7for a violation of Section 11-501 of the Illinois Vehicle Code
8or a similar provision of a local ordinance shall not have his
9or her record of arrest sealed or expunged.
10    (g) A defendant placed on supervision and who during the
11period of supervision undergoes mandatory drug or alcohol
12testing, or both, or is assigned to be placed on an approved
13electronic monitoring device, shall be ordered to pay the costs
14incidental to such mandatory drug or alcohol testing, or both,
15and costs incidental to such approved electronic monitoring in
16accordance with the defendant's ability to pay those costs. The
17county board with the concurrence of the Chief Judge of the
18judicial circuit in which the county is located shall establish
19reasonable fees for the cost of maintenance, testing, and
20incidental expenses related to the mandatory drug or alcohol
21testing, or both, and all costs incidental to approved
22electronic monitoring, of all defendants placed on
23supervision. The concurrence of the Chief Judge shall be in the
24form of an administrative order. The fees shall be collected by
25the clerk of the circuit court. The clerk of the circuit court
26shall pay all moneys collected from these fees to the county

 

 

HB5540 Engrossed- 1397 -LRB099 16003 AMC 40320 b

1treasurer who shall use the moneys collected to defray the
2costs of drug testing, alcohol testing, and electronic
3monitoring. The county treasurer shall deposit the fees
4collected in the county working cash fund under Section 6-27001
5or Section 6-29002 of the Counties Code, as the case may be.
6    (h) A disposition of supervision is a final order for the
7purposes of appeal.
8    (i) The court shall impose upon a defendant placed on
9supervision after January 1, 1992 or to community service under
10the supervision of a probation or court services department
11after January 1, 2004, as a condition of supervision or
12supervised community service, a fee of $50 for each month of
13supervision or supervised community service ordered by the
14court, unless after determining the inability of the person
15placed on supervision or supervised community service to pay
16the fee, the court assesses a lesser fee. The court may not
17impose the fee on a minor who is made a ward of the State under
18the Juvenile Court Act of 1987 while the minor is in placement.
19The fee shall be imposed only upon a defendant who is actively
20supervised by the probation and court services department. The
21fee shall be collected by the clerk of the circuit court. The
22clerk of the circuit court shall pay all monies collected from
23this fee to the county treasurer for deposit in the probation
24and court services fund pursuant to Section 15.1 of the
25Probation and Probation Officers Act.
26    A circuit court may not impose a probation fee in excess of

 

 

HB5540 Engrossed- 1398 -LRB099 16003 AMC 40320 b

1$25 per month unless the circuit court has adopted, by
2administrative order issued by the chief judge, a standard
3probation fee guide determining an offender's ability to pay.
4Of the amount collected as a probation fee, not to exceed $5 of
5that fee collected per month may be used to provide services to
6crime victims and their families.
7    The Court may only waive probation fees based on an
8offender's ability to pay. The probation department may
9re-evaluate an offender's ability to pay every 6 months, and,
10with the approval of the Director of Court Services or the
11Chief Probation Officer, adjust the monthly fee amount. An
12offender may elect to pay probation fees due in a lump sum. Any
13offender that has been assigned to the supervision of a
14probation department, or has been transferred either under
15subsection (h) of this Section or under any interstate compact,
16shall be required to pay probation fees to the department
17supervising the offender, based on the offender's ability to
18pay.
19    (j) All fines and costs imposed under this Section for any
20violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
21Code, or a similar provision of a local ordinance, and any
22violation of the Child Passenger Protection Act, or a similar
23provision of a local ordinance, shall be collected and
24disbursed by the circuit clerk as provided under Section 27.5
25of the Clerks of Courts Act.
26    (k) A defendant at least 17 years of age who is placed on

 

 

HB5540 Engrossed- 1399 -LRB099 16003 AMC 40320 b

1supervision for a misdemeanor in a county of 3,000,000 or more
2inhabitants and who has not been previously convicted of a
3misdemeanor or felony may as a condition of his or her
4supervision be required by the court to attend educational
5courses designed to prepare the defendant for a high school
6diploma and to work toward a high school diploma or to work
7toward passing high school equivalency testing or to work
8toward completing a vocational training program approved by the
9court. The defendant placed on supervision must attend a public
10institution of education to obtain the educational or
11vocational training required by this subsection (k). The
12defendant placed on supervision shall be required to pay for
13the cost of the educational courses or high school equivalency
14testing if a fee is charged for those courses or testing. The
15court shall revoke the supervision of a person who wilfully
16fails to comply with this subsection (k). The court shall
17resentence the defendant upon revocation of supervision as
18provided in Section 5-6-4. This subsection (k) does not apply
19to a defendant who has a high school diploma or has
20successfully passed high school equivalency testing. This
21subsection (k) does not apply to a defendant who is determined
22by the court to be developmentally disabled or otherwise
23mentally incapable of completing the educational or vocational
24program.
25    (l) The court shall require a defendant placed on
26supervision for possession of a substance prohibited by the

 

 

HB5540 Engrossed- 1400 -LRB099 16003 AMC 40320 b

1Cannabis Control Act, the Illinois Controlled Substances Act,
2or the Methamphetamine Control and Community Protection Act
3after a previous conviction or disposition of supervision for
4possession of a substance prohibited by the Cannabis Control
5Act, the Illinois Controlled Substances Act, or the
6Methamphetamine Control and Community Protection Act or a
7sentence of probation under Section 10 of the Cannabis Control
8Act or Section 410 of the Illinois Controlled Substances Act
9and after a finding by the court that the person is addicted,
10to undergo treatment at a substance abuse program approved by
11the court.
12    (m) The Secretary of State shall require anyone placed on
13court supervision for a violation of Section 3-707 of the
14Illinois Vehicle Code or a similar provision of a local
15ordinance to give proof of his or her financial responsibility
16as defined in Section 7-315 of the Illinois Vehicle Code. The
17proof shall be maintained by the individual in a manner
18satisfactory to the Secretary of State for a minimum period of
193 years after the date the proof is first filed. The proof
20shall be limited to a single action per arrest and may not be
21affected by any post-sentence disposition. The Secretary of
22State shall suspend the driver's license of any person
23determined by the Secretary to be in violation of this
24subsection.
25    (n) Any offender placed on supervision for any offense that
26the court or probation department has determined to be sexually

 

 

HB5540 Engrossed- 1401 -LRB099 16003 AMC 40320 b

1motivated as defined in the Sex Offender Management Board Act
2shall be required to refrain from any contact, directly or
3indirectly, with any persons specified by the court and shall
4be available for all evaluations and treatment programs
5required by the court or the probation department.
6    (o) An offender placed on supervision for a sex offense as
7defined in the Sex Offender Management Board Act shall refrain
8from residing at the same address or in the same condominium
9unit or apartment unit or in the same condominium complex or
10apartment complex with another person he or she knows or
11reasonably should know is a convicted sex offender or has been
12placed on supervision for a sex offense. The provisions of this
13subsection (o) do not apply to a person convicted of a sex
14offense who is placed in a Department of Corrections licensed
15transitional housing facility for sex offenders.
16    (p) An offender placed on supervision for an offense
17committed on or after June 1, 2008 (the effective date of
18Public Act 95-464) that would qualify the accused as a child
19sex offender as defined in Section 11-9.3 or 11-9.4 of the
20Criminal Code of 1961 or the Criminal Code of 2012 shall
21refrain from communicating with or contacting, by means of the
22Internet, a person who is not related to the accused and whom
23the accused reasonably believes to be under 18 years of age.
24For purposes of this subsection (p), "Internet" has the meaning
25ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
26and a person is not related to the accused if the person is

 

 

HB5540 Engrossed- 1402 -LRB099 16003 AMC 40320 b

1not: (i) the spouse, brother, or sister of the accused; (ii) a
2descendant of the accused; (iii) a first or second cousin of
3the accused; or (iv) a step-child or adopted child of the
4accused.
5    (q) An offender placed on supervision for an offense
6committed on or after June 1, 2008 (the effective date of
7Public Act 95-464) that would qualify the accused as a child
8sex offender as defined in Section 11-9.3 or 11-9.4 of the
9Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
10ordered by the court, refrain from communicating with or
11contacting, by means of the Internet, a person who is related
12to the accused and whom the accused reasonably believes to be
13under 18 years of age. For purposes of this subsection (q),
14"Internet" has the meaning ascribed to it in Section 16-0.1 of
15the Criminal Code of 2012; and a person is related to the
16accused if the person is: (i) the spouse, brother, or sister of
17the accused; (ii) a descendant of the accused; (iii) a first or
18second cousin of the accused; or (iv) a step-child or adopted
19child of the accused.
20    (r) An offender placed on supervision for an offense under
21Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
22juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
2311-21 of the Criminal Code of 1961 or the Criminal Code of
242012, or any attempt to commit any of these offenses, committed
25on or after the effective date of this amendatory Act of the
2695th General Assembly shall:

 

 

HB5540 Engrossed- 1403 -LRB099 16003 AMC 40320 b

1        (i) not access or use a computer or any other device
2    with Internet capability without the prior written
3    approval of the court, except in connection with the
4    offender's employment or search for employment with the
5    prior approval of the court;
6        (ii) submit to periodic unannounced examinations of
7    the offender's computer or any other device with Internet
8    capability by the offender's probation officer, a law
9    enforcement officer, or assigned computer or information
10    technology specialist, including the retrieval and copying
11    of all data from the computer or device and any internal or
12    external peripherals and removal of such information,
13    equipment, or device to conduct a more thorough inspection;
14        (iii) submit to the installation on the offender's
15    computer or device with Internet capability, at the
16    offender's expense, of one or more hardware or software
17    systems to monitor the Internet use; and
18        (iv) submit to any other appropriate restrictions
19    concerning the offender's use of or access to a computer or
20    any other device with Internet capability imposed by the
21    court.
22    (s) An offender placed on supervision for an offense that
23is a sex offense as defined in Section 2 of the Sex Offender
24Registration Act that is committed on or after January 1, 2010
25(the effective date of Public Act 96-362) that requires the
26person to register as a sex offender under that Act, may not

 

 

HB5540 Engrossed- 1404 -LRB099 16003 AMC 40320 b

1knowingly use any computer scrub software on any computer that
2the sex offender uses.
3    (t) An offender placed on supervision for a sex offense as
4defined in the Sex Offender Registration Act committed on or
5after January 1, 2010 (the effective date of Public Act 96-262)
6shall refrain from accessing or using a social networking
7website as defined in Section 17-0.5 of the Criminal Code of
82012.
9    (u) Jurisdiction over an offender may be transferred from
10the sentencing court to the court of another circuit with the
11concurrence of both courts. Further transfers or retransfers of
12jurisdiction are also authorized in the same manner. The court
13to which jurisdiction has been transferred shall have the same
14powers as the sentencing court. The probation department within
15the circuit to which jurisdiction has been transferred may
16impose probation fees upon receiving the transferred offender,
17as provided in subsection (i). The probation department from
18the original sentencing court shall retain all probation fees
19collected prior to the transfer.
20(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;
2197-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
221-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
 
23    Section 565. The Code of Civil Procedure is amended by
24changing Sections 2-1401, 3-102, and 12-654 as follows:
 

 

 

HB5540 Engrossed- 1405 -LRB099 16003 AMC 40320 b

1    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
2    Sec. 2-1401. Relief from judgments.
3    (a) Relief from final orders and judgments, after 30 days
4from the entry thereof, may be had upon petition as provided in
5this Section. Writs of error coram nobis and coram vobis, bills
6of review and bills in the nature of bills of review are
7abolished. All relief heretofore obtainable and the grounds for
8such relief heretofore available, whether by any of the
9foregoing remedies or otherwise, shall be available in every
10case, by proceedings hereunder, regardless of the nature of the
11order or judgment from which relief is sought or of the
12proceedings in which it was entered. Except as provided in the
13Illinois Parentage Act of 2015, there shall be no distinction
14between actions and other proceedings, statutory or otherwise,
15as to availability of relief, grounds for relief or the relief
16obtainable.
17    (b) The petition must be filed in the same proceeding in
18which the order or judgment was entered but is not a
19continuation thereof. The petition must be supported by
20affidavit or other appropriate showing as to matters not of
21record. All parties to the petition shall be notified as
22provided by rule.
23    (b-5) A movant may present a meritorious claim under this
24Section if the allegations in the petition establish each of
25the following by a preponderance of the evidence:
26        (1) the movant was convicted of a forcible felony;

 

 

HB5540 Engrossed- 1406 -LRB099 16003 AMC 40320 b

1        (2) the movant's participation in the offense was
2    related to him or her previously having been a victim of
3    domestic violence as perpetrated by an intimate partner;
4        (3) no evidence of domestic violence against the movant
5    was presented at the movant's sentencing hearing;
6        (4) the movant was unaware of the mitigating nature of
7    the evidence of the domestic violence at the time of
8    sentencing and could not have learned of its significance
9    sooner through diligence; and
10        (5) the new evidence of domestic violence against the
11    movant is material and noncumulative to other evidence
12    offered at the sentencing hearing, and is of such a
13    conclusive character that it would likely change the
14    sentence imposed by the original trial court.
15    Nothing in this subsection (b-5) shall prevent a movant
16from applying for any other relief under this Section or any
17other law otherwise available to him or her.
18    As used in this subsection (b-5):
19        "Domestic violence" means abuse as defined in Section
20    103 of the Illinois Domestic Violence Act of 1986.
21        "Forcible felony" has the meaning ascribed to the term
22    in Section 2-8 of the Criminal Code of 2012.
23        "Intimate partner" means a spouse or former spouse,
24    persons who have or allegedly have had a child in common,
25    or persons who have or have had a dating or engagement
26    relationship.

 

 

HB5540 Engrossed- 1407 -LRB099 16003 AMC 40320 b

1    (c) Except as provided in Section 20b of the Adoption Act
2and Section 2-32 of the Juvenile Court Act of 1987 or in a
3petition based upon Section 116-3 of the Code of Criminal
4Procedure of 1963, the petition must be filed not later than 2
5years after the entry of the order or judgment. Time during
6which the person seeking relief is under legal disability or
7duress or the ground for relief is fraudulently concealed shall
8be excluded in computing the period of 2 years.
9    (d) The filing of a petition under this Section does not
10affect the order or judgment, or suspend its operation.
11    (e) Unless lack of jurisdiction affirmatively appears from
12the record proper, the vacation or modification of an order or
13judgment pursuant to the provisions of this Section does not
14affect the right, title or interest in or to any real or
15personal property of any person, not a party to the original
16action, acquired for value after the entry of the order or
17judgment but before the filing of the petition, nor affect any
18right of any person not a party to the original action under
19any certificate of sale issued before the filing of the
20petition, pursuant to a sale based on the order or judgment.
21    (f) Nothing contained in this Section affects any existing
22right to relief from a void order or judgment, or to employ any
23existing method to procure that relief.
24(Source: P.A. 99-85, eff. 1-1-16; 99-384, eff. 1-1-16; revised
2510-19-15.)
 

 

 

HB5540 Engrossed- 1408 -LRB099 16003 AMC 40320 b

1    (735 ILCS 5/3-102)  (from Ch. 110, par. 3-102)
2    Sec. 3-102. Scope of Article. This Article III of this Act
3shall apply to and govern every action to review judicially a
4final decision of any administrative agency where the Act
5creating or conferring power on such agency, by express
6reference, adopts the provisions of this Article III of this
7Act or its predecessor, the Administrative Review Act. This
8Article shall be known as the "Administrative Review Law". In
9all such cases, any other statutory, equitable or common law
10mode of review of decisions of administrative agencies
11heretofore available shall not hereafter be employed.
12    Unless review is sought of an administrative decision
13within the time and in the manner herein provided, the parties
14to the proceeding before the administrative agency shall be
15barred from obtaining judicial review of such administrative
16decision. In an action to review any final decision of any
17administrative agency brought under this Article III, if a
18judgment is reversed or entered against the plaintiff, or the
19action is voluntarily dismissed by the plaintiff, or the action
20is dismissed for want of prosecution, or the action is
21dismissed by a United States District Court for lack of
22jurisdiction, neither the plaintiff nor his or her heirs,
23executors, or administrators may commence a new action within
24one year or within the remaining period of limitation,
25whichever is greater. All proceedings in the court for revision
26of such final decision shall terminate upon the date of the

 

 

HB5540 Engrossed- 1409 -LRB099 16003 AMC 40320 b

1entry of any Order under either Section 2-1009 or Section
213-217. Such Order shall cause the final administrative
3decision of any administrative agency to become immediately
4enforceable. If under the terms of the Act governing the
5procedure before an administrative agency an administrative
6decision has become final because of the failure to file any
7document in the nature of objections, protests, petition for
8hearing or application for administrative review within the
9time allowed by such Act, such decision shall not be subject to
10judicial review hereunder excepting only for the purpose of
11questioning the jurisdiction of the administrative agency over
12the person or subject matter.
13(Source: P.A. 88-1; revised 10-19-15.)
 
14    (735 ILCS 5/12-654)  (from Ch. 110, par. 12-654)
15    Sec. 12-654. Stay.
16    (a) If the judgment debtor shows the circuit court that an
17appeal from the foreign judgment is pending or will be taken,
18or that a stay of execution has been granted, the court shall
19stay enforcement of the foreign judgment until the appeal is
20concluded, the time for appeal expires, or the stay of
21execution expires or is vacated, upon proof that the judgment
22debtor has furnished the security for the satisfaction of the
23judgment required by the state in which it is was rendered.
24    (b) If the judgment debtor shows the circuit court any
25ground upon which enforcement of a judgment of any circuit

 

 

HB5540 Engrossed- 1410 -LRB099 16003 AMC 40320 b

1court for any county of this State would be stayed, the court
2shall stay enforcement of the foreign judgment for an
3appropriate period, upon requiring the same security for
4satisfaction of the judgment which is required in this State.
5(Source: P.A. 87-358; 87-895; revised 10-19-15.)
 
6    Section 570. The Mental Health and Developmental
7Disabilities Confidentiality Act is amended by changing
8Section 12 as follows:
 
9    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
10    Sec. 12. (a) If the United States Secret Service or the
11Department of State Police requests information from a mental
12health or developmental disability facility, as defined in
13Section 1-107 and 1-114 of the Mental Health and Developmental
14Disabilities Code, relating to a specific recipient and the
15facility director determines that disclosure of such
16information may be necessary to protect the life of, or to
17prevent the infliction of great bodily harm to, a public
18official, or a person under the protection of the United States
19Secret Service, only the following information may be
20disclosed: the recipient's name, address, and age and the date
21of any admission to or discharge from a facility; and any
22information which would indicate whether or not the recipient
23has a history of violence or presents a danger of violence to
24the person under protection. Any information so disclosed shall

 

 

HB5540 Engrossed- 1411 -LRB099 16003 AMC 40320 b

1be used for investigative purposes only and shall not be
2publicly disseminated. Any person participating in good faith
3in the disclosure of such information in accordance with this
4provision shall have immunity from any liability, civil,
5criminal or otherwise, if such information is disclosed relying
6upon the representation of an officer of the United States
7Secret Service or the Department of State Police that a person
8is under the protection of the United States Secret Service or
9is a public official.
10    For the purpose of this subsection (a), the term "public
11official" means the Governor, Lieutenant Governor, Attorney
12General, Secretary of State, State Comptroller, State
13Treasurer, member of the General Assembly, member of the United
14States Congress, Judge of the United States as defined in 28
15U.S.C. 451, Justice of the United States as defined in 28
16U.S.C. 451, United States Magistrate Judge as defined in 28
17U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
18Supreme, Appellate, Circuit, or Associate Judge of the State of
19Illinois. The term shall also include the spouse, child or
20children of a public official.
21    (b) The Department of Human Services (acting as successor
22to the Department of Mental Health and Developmental
23Disabilities) and all public or private hospitals and mental
24health facilities are required, as hereafter described in this
25subsection, to furnish the Department of State Police only such
26information as may be required for the sole purpose of

 

 

HB5540 Engrossed- 1412 -LRB099 16003 AMC 40320 b

1determining whether an individual who may be or may have been a
2patient is disqualified because of that status from receiving
3or retaining a Firearm Owner's Identification Card or falls
4within the federal prohibitors under subsection (e), (f), (g),
5(r), (s), or (t) of Section 8 of the Firearm Owners
6Identification Card Act, or falls within the federal
7prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
8clinical psychologists, or qualified examiners at public or
9private mental health facilities or parts thereof as defined in
10this subsection shall, in the form and manner required by the
11Department, provide notice directly to the Department of Human
12Services, or to his or her employer who shall then report to
13the Department, within 24 hours after determining that a person
14poses a clear and present danger to himself, herself, or
15others, or within 7 days after a person 14 years or older is
16determined to be a person with a developmental disability by a
17physician, clinical psychologist, or qualified examiner as
18described in Section 1.1 of the Firearm Owners Identification
19Card Act. If a person is a patient as described in clause (1)
20of the definition of "patient" in Section 1.1 of the Firearm
21Owners Identification Card Act, this information shall be
22furnished within 7 days after admission to a public or private
23hospital or mental health facility or the provision of
24services. Any such information disclosed under this subsection
25shall remain privileged and confidential, and shall not be
26redisclosed, except as required by subsection (e) of Section

 

 

HB5540 Engrossed- 1413 -LRB099 16003 AMC 40320 b

13.1 of the Firearm Owners Identification Card Act, nor utilized
2for any other purpose. The method of requiring the providing of
3such information shall guarantee that no information is
4released beyond what is necessary for this purpose. In
5addition, the information disclosed shall be provided by the
6Department within the time period established by Section 24-3
7of the Criminal Code of 2012 regarding the delivery of
8firearms. The method used shall be sufficient to provide the
9necessary information within the prescribed time period, which
10may include periodically providing lists to the Department of
11Human Services or any public or private hospital or mental
12health facility of Firearm Owner's Identification Card
13applicants on which the Department or hospital shall indicate
14the identities of those individuals who are to its knowledge
15disqualified from having a Firearm Owner's Identification Card
16for reasons described herein. The Department may provide for a
17centralized source of information for the State on this subject
18under its jurisdiction. The identity of the person reporting
19under this subsection shall not be disclosed to the subject of
20the report. For the purposes of this subsection, the physician,
21clinical psychologist, or qualified examiner making the
22determination and his or her employer shall not be held
23criminally, civilly, or professionally liable for making or not
24making the notification required under this subsection, except
25for willful or wanton misconduct.
26    Any person, institution, or agency, under this Act,

 

 

HB5540 Engrossed- 1414 -LRB099 16003 AMC 40320 b

1participating in good faith in the reporting or disclosure of
2records and communications otherwise in accordance with this
3provision or with rules, regulations or guidelines issued by
4the Department shall have immunity from any liability, civil,
5criminal or otherwise, that might result by reason of the
6action. For the purpose of any proceeding, civil or criminal,
7arising out of a report or disclosure in accordance with this
8provision, the good faith of any person, institution, or agency
9so reporting or disclosing shall be presumed. The full extent
10of the immunity provided in this subsection (b) shall apply to
11any person, institution or agency that fails to make a report
12or disclosure in the good faith belief that the report or
13disclosure would violate federal regulations governing the
14confidentiality of alcohol and drug abuse patient records
15implementing 42 U.S.C. 290dd-3 and 290ee-3.
16    For purposes of this subsection (b) only, the following
17terms shall have the meaning prescribed:
18        (1) (Blank).
19        (1.3) "Clear and present danger" has the meaning as
20    defined in Section 1.1 of the Firearm Owners Identification
21    Card Act.
22        (1.5) "Person with a developmental disability" has the
23    meaning as defined in Section 1.1 of the Firearm Owners
24    Identification Card Act.
25        (2) "Patient" has the meaning as defined in Section 1.1
26    of the Firearm Owners Identification Card Act.

 

 

HB5540 Engrossed- 1415 -LRB099 16003 AMC 40320 b

1        (3) "Mental health facility" has the meaning as defined
2    in Section 1.1 of the Firearm Owners Identification Card
3    Act.
4    (c) Upon the request of a peace officer who takes a person
5into custody and transports such person to a mental health or
6developmental disability facility pursuant to Section 3-606 or
74-404 of the Mental Health and Developmental Disabilities Code
8or who transports a person from such facility, a facility
9director shall furnish said peace officer the name, address,
10age and name of the nearest relative of the person transported
11to or from the mental health or developmental disability
12facility. In no case shall the facility director disclose to
13the peace officer any information relating to the diagnosis,
14treatment or evaluation of the person's mental or physical
15health.
16    For the purposes of this subsection (c), the terms "mental
17health or developmental disability facility", "peace officer"
18and "facility director" shall have the meanings ascribed to
19them in the Mental Health and Developmental Disabilities Code.
20    (d) Upon the request of a peace officer or prosecuting
21authority who is conducting a bona fide investigation of a
22criminal offense, or attempting to apprehend a fugitive from
23justice, a facility director may disclose whether a person is
24present at the facility. Upon request of a peace officer or
25prosecuting authority who has a valid forcible felony warrant
26issued, a facility director shall disclose: (1) whether the

 

 

HB5540 Engrossed- 1416 -LRB099 16003 AMC 40320 b

1person who is the subject of the warrant is present at the
2facility and (2) the date of that person's discharge or future
3discharge from the facility. The requesting peace officer or
4prosecuting authority must furnish a case number and the
5purpose of the investigation or an outstanding arrest warrant
6at the time of the request. Any person, institution, or agency
7participating in good faith in disclosing such information in
8accordance with this subsection (d) is immune from any
9liability, civil, criminal or otherwise, that might result by
10reason of the action.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
12eff. 7-27-15; revised 10-22-15.)
 
13    Section 575. The Premises Liability Act is amended by
14changing Section 4.1 as follows:
 
15    (740 ILCS 130/4.1)
16    Sec. 4.1. Off-road riding facilities; liability.
17    (a) As used in this Section, "off-road riding facility"
18means:
19        (1) an area of land, consisting of a closed course,
20    designed for use of off-highway vehicles in events such as,
21    but not limited to, dirt track, short track, flat track,
22    speedway, drag racing, grand prix, hare scrambles, hill
23    climb, ice racing, observed trails, mud and snow scrambles,
24    tractor pulls, sled pulls, truck pulls, mud runs, or other

 

 

HB5540 Engrossed- 1417 -LRB099 16003 AMC 40320 b

1    contests of a side-by-side nature in a sporting event for
2    practice, instruction, testing, or competition of
3    off-highway vehicles; or
4        (2) a thoroughfare or track across land or snow used
5    for off-highway motorcycles or all-terrain vehicles.
6    (b) An owner or operator of an off-road riding facility in
7existence on January 1, 2002 is immune from any criminal
8liability arising out of or as a consequence of noise or sound
9emissions resulting from the use of the off-road riding
10facility. An owner or operator of an a off-road riding facility
11is not subject to any action for public or private nuisance or
12trespass, and no court in this State may enjoin the use or
13operation of an a off-road riding facility on the basis of
14noise or sound emissions resulting from the use of the off-road
15riding facility.
16    (c) An owner or operator of an a off-road riding facility
17placed in operation after January 1, 2002 is immune from any
18criminal liability and is not subject to any action for public
19or private nuisance or trespass arising out of or as a
20consequence of noise or sound emissions resulting from the use
21of the off-road riding facility, if the off-road riding
22facility conforms to any one of the following requirements:
23        (1) All areas from which an off-road vehicle may be
24    properly operated are at least 1,000 feet from any occupied
25    permanent dwelling on adjacent property at the time the
26    facility was placed into operation.

 

 

HB5540 Engrossed- 1418 -LRB099 16003 AMC 40320 b

1        (2) The off-road riding facility is situated on land
2    otherwise subject to land use zoning, and the off-road
3    riding facility was not prohibited by the zoning authority
4    at the time the facility was placed into operation.
5        (3) The off-road riding facility is operated by a
6    governmental entity or the off-road riding facility was the
7    recipient of grants under the Recreational Trails of
8    Illinois Act.
9    (d) The civil immunity in subsection (c) does not apply if
10there is willful or wanton misconduct outside the normal use of
11the off-road riding facility.
12(Source: P.A. 98-847, eff. 1-1-15; revised 10-19-15.)
 
13    Section 580. The Illinois Marriage and Dissolution of
14Marriage Act is amended by changing Section 513 as follows:
 
15    (750 ILCS 5/513)  (from Ch. 40, par. 513)
16    Sec. 513. Educational Expenses for a Non-minor Child.
17    (a) The court may award sums of money out of the property
18and income of either or both parties or the estate of a
19deceased parent, as equity may require, for the educational
20expenses of any child of the parties. Unless otherwise agreed
21to by the parties, all educational expenses which are the
22subject of a petition brought pursuant to this Section shall be
23incurred no later than the student's 23rd birthday, except for
24good cause shown, but in no event later than the child's 25th

 

 

HB5540 Engrossed- 1419 -LRB099 16003 AMC 40320 b

1birthday.
2    (b) Regardless of whether an award has been made under
3subsection (a), the court may require both parties and the
4child to complete the Free Application for Federal Student Aid
5(FAFSA) and other financial aid forms and to submit any form of
6that type prior to the designated submission deadline for the
7form. The court may require either or both parties to provide
8funds for the child so as to pay for the cost of up to 5 college
9applications, the cost of 2 standardized college entrance
10examinations, and the cost of one standardized college entrance
11examination preparatory course.
12    (c) The authority under this Section to make provision for
13educational expenses extends not only to periods of college
14education or vocational or professional or other training after
15graduation from high school, but also to any period during
16which the child of the parties is still attending high school,
17even though he or she attained the age of 19.
18    (d) Educational expenses may include, but shall not be
19limited to, the following:
20        (1) except for good cause shown, the actual cost of the
21    child's post-secondary expenses, including tuition and
22    fees, provided that the cost for tuition and fees does not
23    exceed the amount of tuition and fees paid by a student at
24    the University of Illinois at Urbana-Champaign for the same
25    academic year;
26        (2) except for good cause shown, the actual costs of

 

 

HB5540 Engrossed- 1420 -LRB099 16003 AMC 40320 b

1    the child's housing expenses, whether on-campus or
2    off-campus, provided that the housing expenses do not
3    exceed the cost for the same academic year of a
4    double-occupancy student room, with a standard meal plan,
5    in a residence hall operated by the University of Illinois
6    at Urbana-Champaign;
7        (3) the actual costs of the child's medical expenses,
8    including medical insurance, and dental expenses;
9        (4) the reasonable living expenses of the child during
10    the academic year and periods of recess:
11            (A) if the child is a resident student attending a
12        post-secondary educational program; or
13            (B) if the child is living with one party at that
14        party's home and attending a post-secondary
15        educational program as a non-resident student, in
16        which case the living expenses include an amount that
17        pays for the reasonable cost of the child's food,
18        utilities, and transportation; and
19        (5) the cost of books and other supplies necessary to
20    attend college.
21    (e) Sums may be ordered payable to the child, to either
22party, or to the educational institution, directly or through a
23special account or trust created for that purpose, as the court
24sees fit.
25    (f) If educational expenses are ordered payable, each party
26and the child shall sign any consent necessary for the

 

 

HB5540 Engrossed- 1421 -LRB099 16003 AMC 40320 b

1educational institution to provide a supporting party with
2access to the child's academic transcripts, records, and grade
3reports. The consent shall not apply to any non-academic
4records. Failure to execute the required consent may be a basis
5for a modification or termination of any order entered under
6this Section. Unless the court specifically finds that the
7child's safety would be jeopardized, each party is entitled to
8know the name of the educational institution the child attends.
9    (g) The authority under this Section to make provision for
10educational expenses terminates when the child either: fails to
11maintain a cumulative "C" grade point average, except in the
12event of illness or other good cause shown; attains the age of
1323; receives a baccalaureate degree; or marries. A child's
14enlisting in the armed forces, being incarcerated, or becoming
15pregnant does not terminate the court's authority to make
16provisions for the educational expenses for the child under
17this Section.
18    (h) An account established prior to the dissolution that is
19to be used for the child's post-secondary education, that is an
20account in a state tuition program under Section 529 of the
21Internal Revenue Code, or that is some other college savings
22plan, is to be considered by the court to be a resource of the
23child, provided that any post-judgment contribution made by a
24party to such an account is to be considered a contribution
25from that party.
26    (i) The child is not a third party beneficiary to the

 

 

HB5540 Engrossed- 1422 -LRB099 16003 AMC 40320 b

1settlement agreement or judgment between the parties after
2trial and is not entitled to file a petition for contribution.
3If the parties' settlement agreement describes the manner in
4which a child's educational expenses will be paid, or if the
5court makes an award pursuant to this Section, then the parties
6are responsible pursuant to that agreement or award for the
7child's educational expenses, but in no event shall the court
8consider the child a third party beneficiary of that provision.
9In the event of the death or legal disability of a party who
10would have the right to file a petition for contribution, the
11child of the party may file a petition for contribution. a
12person with a mental or physical disability a person with a
13mental or physical disability
14    (j) In making awards under this Section, or pursuant to a
15petition or motion to decrease, modify, or terminate any such
16award, the court shall consider all relevant factors that
17appear reasonable and necessary, including:
18        (1) The present and future financial resources of both
19    parties to meet their needs, including, but not limited to,
20    savings for retirement.
21        (2) The standard of living the child would have enjoyed
22    had the marriage not been dissolved.
23        (3) The financial resources of the child.
24        (4) The child's academic performance.
25    (k) The establishment of an obligation to pay under this
26Section is retroactive only to the date of filing a petition.

 

 

HB5540 Engrossed- 1423 -LRB099 16003 AMC 40320 b

1The right to enforce a prior obligation to pay may be enforced
2either before or after the obligation is incurred.
3(Source: P.A. 99-90, eff. 1-1-16; 99-143, eff. 7-27-15; revised
410-22-15.)
 
5    Section 585. The Uniform Interstate Family Support Act is
6amended by changing Section 102 as follows:
 
7    (750 ILCS 22/102)  (was 750 ILCS 22/101)
8    Sec. 102. Definitions. In this Act:
9    (1) "Child" means an individual, whether over or under the
10age of majority, who is or is alleged to be owed a duty of
11support by the individual's parent or who is or is alleged to
12be the beneficiary of a support order directed to the parent.
13    (2) "Child-support order" means a support order for a
14child, including a child who has attained the age of majority
15under the law of the issuing state or foreign country.
16    (3) "Convention" means the Convention on the International
17Recovery of Child Support and Other Forms of Family
18Maintenance, concluded at The Hague on November 23, 2007.
19    (4) "Duty of support" means an obligation imposed or
20imposable by law to provide support for a child, spouse, or
21former spouse including an unsatisfied obligation to provide
22support.
23    (5) "Foreign country" means a country, including a
24political subdivision thereof, other than the United States,

 

 

HB5540 Engrossed- 1424 -LRB099 16003 AMC 40320 b

1that authorizes the issuance of support orders and:
2        (A) which has been declared under the law of the United
3    States to be a foreign reciprocating country;
4        (B) which has established a reciprocal arrangement for
5    child support with this State as provided in Section 308;
6        (C) which has enacted a law or established procedures
7    for the issuance and enforcement of support orders which
8    are substantially similar to the procedures under this Act;
9    or
10        (D) in which the Convention is in force with respect to
11    the United States.
12    (6) "Foreign support order" means a support order of a
13foreign tribunal.
14    (7) "Foreign tribunal" means a court, administrative
15agency, or quasi-judicial entity of a foreign country which is
16authorized to establish, enforce, or modify support orders or
17to determine parentage of a child. The term includes a
18competent authority under the Convention.
19    (8) "Home state" means the state or foreign country in
20which a child lived with a parent or a person acting as parent
21for at least 6 consecutive months immediately preceding the
22time of filing of a petition or comparable pleading for
23support, and if a child is less than 6 months old, the state or
24foreign country in which the child lived from birth with any of
25them. A period of temporary absence of any of them is counted
26as part of the 6-month or other period.

 

 

HB5540 Engrossed- 1425 -LRB099 16003 AMC 40320 b

1    (9) "Income" includes earnings or other periodic
2entitlements to money from any source and any other property
3subject to withholding for support under the law of this State.
4    (10) "Income-withholding order" means an order or other
5legal process directed to an obligor's employer or other
6debtor, as defined by the Income Withholding for Support Act,
72015, to withhold support from the income of the obligor.
8    (11) "Initiating tribunal" means the tribunal of a state or
9foreign country from which a petition or comparable pleading is
10forwarded or in which a petition or comparable pleading is
11filed for forwarding to another state or foreign country.
12    (12) "Issuing foreign country" means the foreign country in
13which a tribunal issues a support order or a judgment
14determining parentage of a child.
15    (13) "Issuing state" means the state in which a tribunal
16issues a support order or a judgment determining parentage of a
17child.
18    (14) "Issuing tribunal" means the tribunal of a state or
19foreign country that issues a support order or a judgment
20determining parentage of a child.
21    (15) "Law" includes decisional and statutory law and rules
22and regulations having the force of law.
23    (16) "Obligee" means:
24        (A) an individual to whom a duty of support is or is
25    alleged to be owed or in whose favor a support order or a
26    judgment determining parentage of a child has been issued;

 

 

HB5540 Engrossed- 1426 -LRB099 16003 AMC 40320 b

1        (B) a foreign country, state, or political subdivision
2    of a state to which the rights under a duty of support or
3    support order have been assigned or which has independent
4    claims based on financial assistance provided to an
5    individual obligee in place of child support;
6        (C) an individual seeking a judgment determining
7    parentage of the individual's child; or
8        (D) a person that is a creditor in a proceeding under
9    Article 7.
10    (17) "Obligor" means an individual, or the estate of a
11decedent that:
12        (A) owes or is alleged to owe a duty of support;
13        (B) is alleged but has not been adjudicated to be a
14    parent of a child;
15        (C) is liable under a support order; or
16        (D) is a debtor in a proceeding under Article 7.
17    (18) "Outside this State" means a location in another state
18or a country other than the United States, whether or not the
19country is a foreign country.
20    (19) "Person" means an individual, corporation, business
21trust, estate, trust, partnership, limited liability company,
22association, joint venture, public corporation, government or
23governmental subdivision, agency, or instrumentality, or any
24other legal or commercial entity.
25    (20) "Record" means information that is inscribed on a
26tangible medium or that is stored in an electronic or other

 

 

HB5540 Engrossed- 1427 -LRB099 16003 AMC 40320 b

1medium and is retrievable in perceivable form.
2    (21) "Register" means to record or file in a tribunal of
3this State a support order or judgment determining parentage of
4a child issued in another state or a foreign country.
5    (22) "Registering tribunal" means a tribunal in which a
6support order or judgment determining parentage of a child is
7registered.
8    (23) "Responding state" means a state in which a petition
9or comparable pleading for support or to determine parentage of
10a child is filed or to which a petition or comparable pleading
11is forwarded for filing from another state or a foreign
12country.
13    (24) "Responding tribunal" means the authorized tribunal
14in a responding state or foreign country.
15    (25) "Spousal-support order" means a support order for a
16spouse or former spouse of the obligor.
17    (26) "State" means a state of the United States, the
18District of Columbia, Puerto Rico, the United States Virgin
19Islands, or any territory or insular possession under the
20jurisdiction of the United States. The term includes an Indian
21nation or tribe.
22    (27) "Support enforcement agency" means a public official,
23governmental entity, or private agency authorized to:
24        (A) seek enforcement of support orders or laws relating
25    to the duty of support;
26        (B) seek establishment or modification of child

 

 

HB5540 Engrossed- 1428 -LRB099 16003 AMC 40320 b

1    support;
2        (C) request determination of parentage of a child;
3        (D) attempt to locate obligors or their assets; or
4        (E) request determination of the controlling
5    child-support order.
6    (28) "Support order" means a judgment, decree, order,
7decision, or directive, whether temporary, final, or subject to
8modification, issued in a state or foreign country for the
9benefit of a child, a spouse, or a former spouse, which
10provides for monetary support, health care, arrearages,
11retroactive support, or reimbursement for financial assistance
12provided to an individual obligee in place of child support.
13The term may include related costs and fees, interest, income
14withholding, automatic adjustment, reasonable attorney's fees,
15and other relief.
16    (29) "Tribunal" means a court, administrative agency, or
17quasi-judicial entity authorized to establish, enforce, or
18modify support orders or to determine parentage of a child.
19(Source: P.A. 99-78, eff. 7-20-15; 99-85, eff. 1-1-16; 99-119,
20eff. 1-1-16; revised 10-22-15.)
 
21    Section 590. The Adoption Act is amended by changing
22Sections 1 and 18.06 as follows:
 
23    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
24    Sec. 1. Definitions. When used in this Act, unless the

 

 

HB5540 Engrossed- 1429 -LRB099 16003 AMC 40320 b

1context otherwise requires:
2    A. "Child" means a person under legal age subject to
3adoption under this Act.
4    B. "Related child" means a child subject to adoption where
5either or both of the adopting parents stands in any of the
6following relationships to the child by blood, marriage,
7adoption, or civil union: parent, grand-parent,
8great-grandparent, brother, sister, step-parent,
9step-grandparent, step-brother, step-sister, uncle, aunt,
10great-uncle, great-aunt, first cousin, or second cousin. A
11person is related to the child as a first cousin or second
12cousin if they are both related to the same ancestor as either
13grandchild or great-grandchild. A child whose parent has
14executed a consent to adoption, a surrender, or a waiver
15pursuant to Section 10 of this Act or whose parent has signed a
16denial of paternity pursuant to Section 12 of the Vital Records
17Act or Section 12a of this Act, or whose parent has had his or
18her parental rights terminated, is not a related child to that
19person, unless (1) the consent is determined to be void or is
20void pursuant to subsection O of Section 10 of this Act; or (2)
21the parent of the child executed a consent to adoption by a
22specified person or persons pursuant to subsection A-1 of
23Section 10 of this Act and a court of competent jurisdiction
24finds that such consent is void; or (3) the order terminating
25the parental rights of the parent is vacated by a court of
26competent jurisdiction.

 

 

HB5540 Engrossed- 1430 -LRB099 16003 AMC 40320 b

1    C. "Agency" for the purpose of this Act means a public
2child welfare agency or a licensed child welfare agency.
3    D. "Unfit person" means any person whom the court shall
4find to be unfit to have a child, without regard to the
5likelihood that the child will be placed for adoption. The
6grounds of unfitness are any one or more of the following,
7except that a person shall not be considered an unfit person
8for the sole reason that the person has relinquished a child in
9accordance with the Abandoned Newborn Infant Protection Act:
10        (a) Abandonment of the child.
11        (a-1) Abandonment of a newborn infant in a hospital.
12        (a-2) Abandonment of a newborn infant in any setting
13    where the evidence suggests that the parent intended to
14    relinquish his or her parental rights.
15        (b) Failure to maintain a reasonable degree of
16    interest, concern or responsibility as to the child's
17    welfare.
18        (c) Desertion of the child for more than 3 months next
19    preceding the commencement of the Adoption proceeding.
20        (d) Substantial neglect of the child if continuous or
21    repeated.
22        (d-1) Substantial neglect, if continuous or repeated,
23    of any child residing in the household which resulted in
24    the death of that child.
25        (e) Extreme or repeated cruelty to the child.
26        (f) There is a rebuttable presumption, which can be

 

 

HB5540 Engrossed- 1431 -LRB099 16003 AMC 40320 b

1    overcome only by clear and convincing evidence, that a
2    parent is unfit if:
3            (1) Two or more findings of physical abuse have
4        been entered regarding any children under Section 2-21
5        of the Juvenile Court Act of 1987, the most recent of
6        which was determined by the juvenile court hearing the
7        matter to be supported by clear and convincing
8        evidence; or
9            (2) The parent has been convicted or found not
10        guilty by reason of insanity and the conviction or
11        finding resulted from the death of any child by
12        physical abuse; or
13            (3) There is a finding of physical child abuse
14        resulting from the death of any child under Section
15        2-21 of the Juvenile Court Act of 1987.
16            No conviction or finding of delinquency pursuant
17        to Article V of the Juvenile Court Act of 1987 shall be
18        considered a criminal conviction for the purpose of
19        applying any presumption under this item (f).
20        (g) Failure to protect the child from conditions within
21    his environment injurious to the child's welfare.
22        (h) Other neglect of, or misconduct toward the child;
23    provided that in making a finding of unfitness the court
24    hearing the adoption proceeding shall not be bound by any
25    previous finding, order or judgment affecting or
26    determining the rights of the parents toward the child

 

 

HB5540 Engrossed- 1432 -LRB099 16003 AMC 40320 b

1    sought to be adopted in any other proceeding except such
2    proceedings terminating parental rights as shall be had
3    under either this Act, the Juvenile Court Act or the
4    Juvenile Court Act of 1987.
5        (i) Depravity. Conviction of any one of the following
6    crimes shall create a presumption that a parent is depraved
7    which can be overcome only by clear and convincing
8    evidence: (1) first degree murder in violation of paragraph
9    1 or 2 of subsection (a) of Section 9-1 of the Criminal
10    Code of 1961 or the Criminal Code of 2012 or conviction of
11    second degree murder in violation of subsection (a) of
12    Section 9-2 of the Criminal Code of 1961 or the Criminal
13    Code of 2012 of a parent of the child to be adopted; (2)
14    first degree murder or second degree murder of any child in
15    violation of the Criminal Code of 1961 or the Criminal Code
16    of 2012; (3) attempt or conspiracy to commit first degree
17    murder or second degree murder of any child in violation of
18    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
19    solicitation to commit murder of any child, solicitation to
20    commit murder of any child for hire, or solicitation to
21    commit second degree murder of any child in violation of
22    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
23    predatory criminal sexual assault of a child in violation
24    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
25    or the Criminal Code of 2012; (6) heinous battery of any
26    child in violation of the Criminal Code of 1961; or (7)

 

 

HB5540 Engrossed- 1433 -LRB099 16003 AMC 40320 b

1    aggravated battery of any child in violation of the
2    Criminal Code of 1961 or the Criminal Code of 2012.
3        There is a rebuttable presumption that a parent is
4    depraved if the parent has been criminally convicted of at
5    least 3 felonies under the laws of this State or any other
6    state, or under federal law, or the criminal laws of any
7    United States territory; and at least one of these
8    convictions took place within 5 years of the filing of the
9    petition or motion seeking termination of parental rights.
10        There is a rebuttable presumption that a parent is
11    depraved if that parent has been criminally convicted of
12    either first or second degree murder of any person as
13    defined in the Criminal Code of 1961 or the Criminal Code
14    of 2012 within 10 years of the filing date of the petition
15    or motion to terminate parental rights.
16        No conviction or finding of delinquency pursuant to
17    Article 5 of the Juvenile Court Act of 1987 shall be
18    considered a criminal conviction for the purpose of
19    applying any presumption under this item (i).
20        (j) Open and notorious adultery or fornication.
21        (j-1) (Blank).
22        (k) Habitual drunkenness or addiction to drugs, other
23    than those prescribed by a physician, for at least one year
24    immediately prior to the commencement of the unfitness
25    proceeding.
26        There is a rebuttable presumption that a parent is

 

 

HB5540 Engrossed- 1434 -LRB099 16003 AMC 40320 b

1    unfit under this subsection with respect to any child to
2    which that parent gives birth where there is a confirmed
3    test result that at birth the child's blood, urine, or
4    meconium contained any amount of a controlled substance as
5    defined in subsection (f) of Section 102 of the Illinois
6    Controlled Substances Act or metabolites of such
7    substances, the presence of which in the newborn infant was
8    not the result of medical treatment administered to the
9    mother or the newborn infant; and the biological mother of
10    this child is the biological mother of at least one other
11    child who was adjudicated a neglected minor under
12    subsection (c) of Section 2-3 of the Juvenile Court Act of
13    1987.
14        (l) Failure to demonstrate a reasonable degree of
15    interest, concern or responsibility as to the welfare of a
16    new born child during the first 30 days after its birth.
17        (m) Failure by a parent (i) to make reasonable efforts
18    to correct the conditions that were the basis for the
19    removal of the child from the parent during any 9-month
20    period following the adjudication of neglected or abused
21    minor under Section 2-3 of the Juvenile Court Act of 1987
22    or dependent minor under Section 2-4 of that Act, or (ii)
23    to make reasonable progress toward the return of the child
24    to the parent during any 9-month period following the
25    adjudication of neglected or abused minor under Section 2-3
26    of the Juvenile Court Act of 1987 or dependent minor under

 

 

HB5540 Engrossed- 1435 -LRB099 16003 AMC 40320 b

1    Section 2-4 of that Act. If a service plan has been
2    established as required under Section 8.2 of the Abused and
3    Neglected Child Reporting Act to correct the conditions
4    that were the basis for the removal of the child from the
5    parent and if those services were available, then, for
6    purposes of this Act, "failure to make reasonable progress
7    toward the return of the child to the parent" includes the
8    parent's failure to substantially fulfill his or her
9    obligations under the service plan and correct the
10    conditions that brought the child into care during any
11    9-month period following the adjudication under Section
12    2-3 or 2-4 of the Juvenile Court Act of 1987.
13    Notwithstanding any other provision, when a petition or
14    motion seeks to terminate parental rights on the basis of
15    item (ii) of this subsection (m), the petitioner shall file
16    with the court and serve on the parties a pleading that
17    specifies the 9-month period or periods relied on. The
18    pleading shall be filed and served on the parties no later
19    than 3 weeks before the date set by the court for closure
20    of discovery, and the allegations in the pleading shall be
21    treated as incorporated into the petition or motion.
22    Failure of a respondent to file a written denial of the
23    allegations in the pleading shall not be treated as an
24    admission that the allegations are true.
25        (m-1) Pursuant to the Juvenile Court Act of 1987, a
26    child has been in foster care for 15 months out of any 22

 

 

HB5540 Engrossed- 1436 -LRB099 16003 AMC 40320 b

1    month period which begins on or after the effective date of
2    this amendatory Act of 1998 unless the child's parent can
3    prove by a preponderance of the evidence that it is more
4    likely than not that it will be in the best interests of
5    the child to be returned to the parent within 6 months of
6    the date on which a petition for termination of parental
7    rights is filed under the Juvenile Court Act of 1987. The
8    15 month time limit is tolled during any period for which
9    there is a court finding that the appointed custodian or
10    guardian failed to make reasonable efforts to reunify the
11    child with his or her family, provided that (i) the finding
12    of no reasonable efforts is made within 60 days of the
13    period when reasonable efforts were not made or (ii) the
14    parent filed a motion requesting a finding of no reasonable
15    efforts within 60 days of the period when reasonable
16    efforts were not made. For purposes of this subdivision
17    (m-1), the date of entering foster care is the earlier of:
18    (i) the date of a judicial finding at an adjudicatory
19    hearing that the child is an abused, neglected, or
20    dependent minor; or (ii) 60 days after the date on which
21    the child is removed from his or her parent, guardian, or
22    legal custodian.
23        (n) Evidence of intent to forgo his or her parental
24    rights, whether or not the child is a ward of the court,
25    (1) as manifested by his or her failure for a period of 12
26    months: (i) to visit the child, (ii) to communicate with

 

 

HB5540 Engrossed- 1437 -LRB099 16003 AMC 40320 b

1    the child or agency, although able to do so and not
2    prevented from doing so by an agency or by court order, or
3    (iii) to maintain contact with or plan for the future of
4    the child, although physically able to do so, or (2) as
5    manifested by the father's failure, where he and the mother
6    of the child were unmarried to each other at the time of
7    the child's birth, (i) to commence legal proceedings to
8    establish his paternity under the Illinois Parentage Act of
9    1984, the Illinois Parentage Act of 2015, or the law of the
10    jurisdiction of the child's birth within 30 days of being
11    informed, pursuant to Section 12a of this Act, that he is
12    the father or the likely father of the child or, after
13    being so informed where the child is not yet born, within
14    30 days of the child's birth, or (ii) to make a good faith
15    effort to pay a reasonable amount of the expenses related
16    to the birth of the child and to provide a reasonable
17    amount for the financial support of the child, the court to
18    consider in its determination all relevant circumstances,
19    including the financial condition of both parents;
20    provided that the ground for termination provided in this
21    subparagraph (n)(2)(ii) shall only be available where the
22    petition is brought by the mother or the husband of the
23    mother.
24        Contact or communication by a parent with his or her
25    child that does not demonstrate affection and concern does
26    not constitute reasonable contact and planning under

 

 

HB5540 Engrossed- 1438 -LRB099 16003 AMC 40320 b

1    subdivision (n). In the absence of evidence to the
2    contrary, the ability to visit, communicate, maintain
3    contact, pay expenses and plan for the future shall be
4    presumed. The subjective intent of the parent, whether
5    expressed or otherwise, unsupported by evidence of the
6    foregoing parental acts manifesting that intent, shall not
7    preclude a determination that the parent has intended to
8    forgo his or her parental rights. In making this
9    determination, the court may consider but shall not require
10    a showing of diligent efforts by an authorized agency to
11    encourage the parent to perform the acts specified in
12    subdivision (n).
13        It shall be an affirmative defense to any allegation
14    under paragraph (2) of this subsection that the father's
15    failure was due to circumstances beyond his control or to
16    impediments created by the mother or any other person
17    having legal custody. Proof of that fact need only be by a
18    preponderance of the evidence.
19        (o) Repeated or continuous failure by the parents,
20    although physically and financially able, to provide the
21    child with adequate food, clothing, or shelter.
22        (p) Inability to discharge parental responsibilities
23    supported by competent evidence from a psychiatrist,
24    licensed clinical social worker, or clinical psychologist
25    of mental impairment, mental illness or an intellectual
26    disability as defined in Section 1-116 of the Mental Health

 

 

HB5540 Engrossed- 1439 -LRB099 16003 AMC 40320 b

1    and Developmental Disabilities Code, or developmental
2    disability as defined in Section 1-106 of that Code, and
3    there is sufficient justification to believe that the
4    inability to discharge parental responsibilities shall
5    extend beyond a reasonable time period. However, this
6    subdivision (p) shall not be construed so as to permit a
7    licensed clinical social worker to conduct any medical
8    diagnosis to determine mental illness or mental
9    impairment.
10        (q) (Blank).
11        (r) The child is in the temporary custody or
12    guardianship of the Department of Children and Family
13    Services, the parent is incarcerated as a result of
14    criminal conviction at the time the petition or motion for
15    termination of parental rights is filed, prior to
16    incarceration the parent had little or no contact with the
17    child or provided little or no support for the child, and
18    the parent's incarceration will prevent the parent from
19    discharging his or her parental responsibilities for the
20    child for a period in excess of 2 years after the filing of
21    the petition or motion for termination of parental rights.
22        (s) The child is in the temporary custody or
23    guardianship of the Department of Children and Family
24    Services, the parent is incarcerated at the time the
25    petition or motion for termination of parental rights is
26    filed, the parent has been repeatedly incarcerated as a

 

 

HB5540 Engrossed- 1440 -LRB099 16003 AMC 40320 b

1    result of criminal convictions, and the parent's repeated
2    incarceration has prevented the parent from discharging
3    his or her parental responsibilities for the child.
4        (t) A finding that at birth the child's blood, urine,
5    or meconium contained any amount of a controlled substance
6    as defined in subsection (f) of Section 102 of the Illinois
7    Controlled Substances Act, or a metabolite of a controlled
8    substance, with the exception of controlled substances or
9    metabolites of such substances, the presence of which in
10    the newborn infant was the result of medical treatment
11    administered to the mother or the newborn infant, and that
12    the biological mother of this child is the biological
13    mother of at least one other child who was adjudicated a
14    neglected minor under subsection (c) of Section 2-3 of the
15    Juvenile Court Act of 1987, after which the biological
16    mother had the opportunity to enroll in and participate in
17    a clinically appropriate substance abuse counseling,
18    treatment, and rehabilitation program.
19    E. "Parent" means a person who is the legal mother or legal
20father of the child as defined in subsection X or Y of this
21Section. For the purpose of this Act, a parent who has executed
22a consent to adoption, a surrender, or a waiver pursuant to
23Section 10 of this Act, who has signed a Denial of Paternity
24pursuant to Section 12 of the Vital Records Act or Section 12a
25of this Act, or whose parental rights have been terminated by a
26court, is not a parent of the child who was the subject of the

 

 

HB5540 Engrossed- 1441 -LRB099 16003 AMC 40320 b

1consent, surrender, waiver, or denial unless (1) the consent is
2void pursuant to subsection O of Section 10 of this Act; or (2)
3the person executed a consent to adoption by a specified person
4or persons pursuant to subsection A-1 of Section 10 of this Act
5and a court of competent jurisdiction finds that the consent is
6void; or (3) the order terminating the parental rights of the
7person is vacated by a court of competent jurisdiction.
8    F. A person is available for adoption when the person is:
9        (a) a child who has been surrendered for adoption to an
10    agency and to whose adoption the agency has thereafter
11    consented;
12        (b) a child to whose adoption a person authorized by
13    law, other than his parents, has consented, or to whose
14    adoption no consent is required pursuant to Section 8 of
15    this Act;
16        (c) a child who is in the custody of persons who intend
17    to adopt him through placement made by his parents;
18        (c-1) a child for whom a parent has signed a specific
19    consent pursuant to subsection O of Section 10;
20        (d) an adult who meets the conditions set forth in
21    Section 3 of this Act; or
22        (e) a child who has been relinquished as defined in
23    Section 10 of the Abandoned Newborn Infant Protection Act.
24    A person who would otherwise be available for adoption
25shall not be deemed unavailable for adoption solely by reason
26of his or her death.

 

 

HB5540 Engrossed- 1442 -LRB099 16003 AMC 40320 b

1    G. The singular includes the plural and the plural includes
2the singular and the "male" includes the "female", as the
3context of this Act may require.
4    H. (Blank).
5    I. "Habitual residence" has the meaning ascribed to it in
6the federal Intercountry Adoption Act of 2000 and regulations
7promulgated thereunder.
8    J. "Immediate relatives" means the biological parents, the
9parents of the biological parents and siblings of the
10biological parents.
11    K. "Intercountry adoption" is a process by which a child
12from a country other than the United States is adopted by
13persons who are habitual residents of the United States, or the
14child is a habitual resident of the United States who is
15adopted by persons who are habitual residents of a country
16other than the United States.
17    L. (Blank).
18    M. "Interstate Compact on the Placement of Children" is a
19law enacted by all states and certain territories for the
20purpose of establishing uniform procedures for handling the
21interstate placement of children in foster homes, adoptive
22homes, or other child care facilities.
23    N. (Blank).
24    O. "Preadoption requirements" means any conditions or
25standards established by the laws or administrative rules of
26this State that must be met by a prospective adoptive parent

 

 

HB5540 Engrossed- 1443 -LRB099 16003 AMC 40320 b

1prior to the placement of a child in an adoptive home.
2    P. "Abused child" means a child whose parent or immediate
3family member, or any person responsible for the child's
4welfare, or any individual residing in the same home as the
5child, or a paramour of the child's parent:
6        (a) inflicts, causes to be inflicted, or allows to be
7    inflicted upon the child physical injury, by other than
8    accidental means, that causes death, disfigurement,
9    impairment of physical or emotional health, or loss or
10    impairment of any bodily function;
11        (b) creates a substantial risk of physical injury to
12    the child by other than accidental means which would be
13    likely to cause death, disfigurement, impairment of
14    physical or emotional health, or loss or impairment of any
15    bodily function;
16        (c) commits or allows to be committed any sex offense
17    against the child, as sex offenses are defined in the
18    Criminal Code of 2012 and extending those definitions of
19    sex offenses to include children under 18 years of age;
20        (d) commits or allows to be committed an act or acts of
21    torture upon the child; or
22        (e) inflicts excessive corporal punishment.
23    Q. "Neglected child" means any child whose parent or other
24person responsible for the child's welfare withholds or denies
25nourishment or medically indicated treatment including food or
26care denied solely on the basis of the present or anticipated

 

 

HB5540 Engrossed- 1444 -LRB099 16003 AMC 40320 b

1mental or physical impairment as determined by a physician
2acting alone or in consultation with other physicians or
3otherwise does not provide the proper or necessary support,
4education as required by law, or medical or other remedial care
5recognized under State law as necessary for a child's
6well-being, or other care necessary for his or her well-being,
7including adequate food, clothing and shelter; or who is
8abandoned by his or her parents or other person responsible for
9the child's welfare.
10    A child shall not be considered neglected or abused for the
11sole reason that the child's parent or other person responsible
12for his or her welfare depends upon spiritual means through
13prayer alone for the treatment or cure of disease or remedial
14care as provided under Section 4 of the Abused and Neglected
15Child Reporting Act. A child shall not be considered neglected
16or abused for the sole reason that the child's parent or other
17person responsible for the child's welfare failed to vaccinate,
18delayed vaccination, or refused vaccination for the child due
19to a waiver on religious or medical grounds as permitted by
20law.
21    R. "Putative father" means a man who may be a child's
22father, but who (1) is not married to the child's mother on or
23before the date that the child was or is to be born and (2) has
24not established paternity of the child in a court proceeding
25before the filing of a petition for the adoption of the child.
26The term includes a male who is less than 18 years of age.

 

 

HB5540 Engrossed- 1445 -LRB099 16003 AMC 40320 b

1"Putative father" does not mean a man who is the child's father
2as a result of criminal sexual abuse or assault as defined
3under Article 11 of the Criminal Code of 2012.
4    S. "Standby adoption" means an adoption in which a parent
5consents to custody and termination of parental rights to
6become effective upon the occurrence of a future event, which
7is either the death of the parent or the request of the parent
8for the entry of a final judgment of adoption.
9    T. (Blank).
10    T-5. "Biological parent", "birth parent", or "natural
11parent" of a child are interchangeable terms that mean a person
12who is biologically or genetically related to that child as a
13parent.
14    U. "Interstate adoption" means the placement of a minor
15child with a prospective adoptive parent for the purpose of
16pursuing an adoption for that child that is subject to the
17provisions of the Interstate Compact on Placement of Children.
18    V. (Blank).
19    W. (Blank).
20    X. "Legal father" of a child means a man who is recognized
21as or presumed to be that child's father:
22        (1) because of his marriage to or civil union with the
23    child's parent at the time of the child's birth or within
24    300 days prior to that child's birth, unless he signed a
25    denial of paternity pursuant to Section 12 of the Vital
26    Records Act or a waiver pursuant to Section 10 of this Act;

 

 

HB5540 Engrossed- 1446 -LRB099 16003 AMC 40320 b

1    or
2        (2) because his paternity of the child has been
3    established pursuant to the Illinois Parentage Act, the
4    Illinois Parentage Act of 1984, or the Gestational
5    Surrogacy Act; or
6        (3) because he is listed as the child's father or
7    parent on the child's birth certificate, unless he is
8    otherwise determined by an administrative or judicial
9    proceeding not to be the parent of the child or unless he
10    rescinds his acknowledgment of paternity pursuant to the
11    Illinois Parentage Act of 1984; or
12        (4) because his paternity or adoption of the child has
13    been established by a court of competent jurisdiction.
14    The definition in this subsection X shall not be construed
15to provide greater or lesser rights as to the number of parents
16who can be named on a final judgment order of adoption or
17Illinois birth certificate that otherwise exist under Illinois
18law.
19    Y. "Legal mother" of a child means a woman who is
20recognized as or presumed to be that child's mother:
21        (1) because she gave birth to the child except as
22    provided in the Gestational Surrogacy Act; or
23        (2) because her maternity of the child has been
24    established pursuant to the Illinois Parentage Act of 1984
25    or the Gestational Surrogacy Act; or
26        (3) because her maternity or adoption of the child has

 

 

HB5540 Engrossed- 1447 -LRB099 16003 AMC 40320 b

1    been established by a court of competent jurisdiction; or
2        (4) because of her marriage to or civil union with the
3    child's other parent at the time of the child's birth or
4    within 300 days prior to the time of birth; or
5        (5) because she is listed as the child's mother or
6    parent on the child's birth certificate unless she is
7    otherwise determined by an administrative or judicial
8    proceeding not to be the parent of the child.
9    The definition in this subsection Y shall not be construed
10to provide greater or lesser rights as to the number of parents
11who can be named on a final judgment order of adoption or
12Illinois birth certificate that otherwise exist under Illinois
13law.
14    Z. "Department" means the Illinois Department of Children
15and Family Services.
16    AA. "Placement disruption" means a circumstance where the
17child is removed from an adoptive placement before the adoption
18is finalized.
19    BB. "Secondary placement" means a placement, including but
20not limited to the placement of a ward of the Department, that
21occurs after a placement disruption or an adoption dissolution.
22"Secondary placement" does not mean secondary placements
23arising due to the death of the adoptive parent of the child.
24    CC. "Adoption dissolution" means a circumstance where the
25child is removed from an adoptive placement after the adoption
26is finalized.

 

 

HB5540 Engrossed- 1448 -LRB099 16003 AMC 40320 b

1    DD. "Unregulated placement" means the secondary placement
2of a child that occurs without the oversight of the courts, the
3Department, or a licensed child welfare agency.
4    EE. "Post-placement and post-adoption support services"
5means support services for placed or adopted children and
6families that include, but are not limited to, counseling for
7emotional, behavioral, or developmental needs.
8(Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804,
9eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; revised
108-4-15.)
 
11    (750 ILCS 50/18.06)
12    Sec. 18.06. Definitions. When used in Sections 18.05
13through Section 18.6, for the purposes of the Registry:
14    "Adopted person" means a person who was adopted pursuant to
15the laws in effect at the time of the adoption.
16    "Adoptive parent" means a person who has become a parent
17through the legal process of adoption.
18    "Adult child" means the biological child 21 years of age or
19over of a deceased adopted or surrendered person.
20    "Adult grandchild" means the biological grandchild 21
21years of age or over of a deceased adopted or surrendered
22person.
23    "Adult adopted or surrendered person" means an adopted or
24surrendered person 21 years of age or over.
25    "Agency" means a public child welfare agency or a licensed

 

 

HB5540 Engrossed- 1449 -LRB099 16003 AMC 40320 b

1child welfare agency.
2    "Birth aunt" means the adult full or half sister of a
3deceased birth parent.
4    "Birth father" means the biological father of an adopted or
5surrendered person who is named on the original certificate of
6live birth or on a consent or surrender document, or a
7biological father whose paternity has been established by a
8judgment or order of the court, pursuant to the Illinois
9Parentage Act of 1984 or the Illinois Parentage Act of 2015.
10    "Birth grandparent" means the biological parent of: (i) a
11non-surrendered person who is a deceased birth mother; or (ii)
12a non-surrendered person who is a deceased birth father.
13    "Birth mother" means the biological mother of an adopted or
14surrendered person.
15    "Birth parent" means a birth mother or birth father of an
16adopted or surrendered person.
17    "Birth Parent Preference Form" means the form prepared by
18the Department of Public Health pursuant to Section 18.2
19completed by a birth parent registrant and filed with the
20Registry that indicates the birth parent's preferences
21regarding contact and, if applicable, the release of his or her
22identifying information on the non-certified copy of the
23original birth certificate released to an adult adopted or
24surrendered person or to the surviving adult child or surviving
25spouse of a deceased adopted or surrendered person who has
26filed a Request for a Non-Certified Copy of an Original Birth

 

 

HB5540 Engrossed- 1450 -LRB099 16003 AMC 40320 b

1Certificate.
2    "Birth relative" means a birth mother, birth father, birth
3grandparent, birth sibling, birth aunt, or birth uncle.
4    "Birth sibling" means the adult full or half sibling of an
5adopted or surrendered person.
6    "Birth uncle" means the adult full or half brother of a
7deceased birth parent.
8    "Confidential intermediary" means an individual certified
9by the Department of Children and Family Services pursuant to
10Section 18.3a(e).
11    "Denial of Information Exchange" means an affidavit
12completed by a registrant with the Illinois Adoption Registry
13and Medical Information Exchange denying the release of
14identifying information which has been filed with the Registry.
15    "Information Exchange Authorization" means an affidavit
16completed by a registrant with the Illinois Adoption Registry
17and Medical Information Exchange authorizing the release of
18identifying information which has been filed with the Registry.
19    "Medical Information Exchange Questionnaire" means the
20medical history questionnaire completed by a registrant of the
21Illinois Adoption Registry and Medical Information Exchange.
22    "Non-certified Copy of the Original Birth Certificate"
23means a non-certified copy of the original certificate of live
24birth of an adult adopted or surrendered person who was born in
25Illinois.
26    "Proof of death" means a death certificate.

 

 

HB5540 Engrossed- 1451 -LRB099 16003 AMC 40320 b

1    "Registrant" or "Registered Party" means a birth parent,
2birth grandparent, birth sibling, birth aunt, birth uncle,
3adopted or surrendered person 21 years of age or over, adoptive
4parent or legal guardian of an adopted or surrendered person
5under the age of 21, or adoptive parent, surviving spouse, or
6adult child of a deceased adopted or surrendered person who has
7filed an Illinois Adoption Registry Application or
8Registration Identification Form with the Registry.
9    "Registry" means the Illinois Adoption Registry and
10Medical Information Exchange.
11    "Request for a Non-Certified Copy of an Original Birth
12Certificate" means an affidavit completed by an adult adopted
13or surrendered person or by the surviving adult child or
14surviving spouse of a deceased adopted or surrendered person
15and filed with the Registry requesting a non-certified copy of
16an adult adopted or surrendered person's original certificate
17of live birth in Illinois.
18    "Surrendered person" means a person whose parents' rights
19have been surrendered or terminated but who has not been
20adopted.
21    "Surviving spouse" means the wife or husband, 21 years of
22age or older, of a deceased adopted or surrendered person who
23would be 21 years of age or older if still alive and who has one
24or more surviving biological children who are under the age of
2521.
26    "18.3 statement" means a statement regarding the

 

 

HB5540 Engrossed- 1452 -LRB099 16003 AMC 40320 b

1disclosure of identifying information signed by a birth parent
2under Section 18.3 of this Act as it existed immediately prior
3to May 21, 2010 (the effective date of Public Act 96-895) this
4amendatory Act of the 96th General Assembly.
5(Source: P.A. 98-704, eff. 1-1-15; 99-85, eff. 1-1-16; 99-345,
6eff. 1-1-16; revised 10-22-15.)
 
7    Section 595. The Illinois Domestic Violence Act of 1986 is
8amended by changing Sections 214 and 227 as follows:
 
9    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
10    Sec. 214. Order of protection; remedies.
11    (a) Issuance of order. If the court finds that petitioner
12has been abused by a family or household member or that
13petitioner is a high-risk adult who has been abused, neglected,
14or exploited, as defined in this Act, an order of protection
15prohibiting the abuse, neglect, or exploitation shall issue;
16provided that petitioner must also satisfy the requirements of
17one of the following Sections, as appropriate: Section 217 on
18emergency orders, Section 218 on interim orders, or Section 219
19on plenary orders. Petitioner shall not be denied an order of
20protection because petitioner or respondent is a minor. The
21court, when determining whether or not to issue an order of
22protection, shall not require physical manifestations of abuse
23on the person of the victim. Modification and extension of
24prior orders of protection shall be in accordance with this

 

 

HB5540 Engrossed- 1453 -LRB099 16003 AMC 40320 b

1Act.
2    (b) Remedies and standards. The remedies to be included in
3an order of protection shall be determined in accordance with
4this Section and one of the following Sections, as appropriate:
5Section 217 on emergency orders, Section 218 on interim orders,
6and Section 219 on plenary orders. The remedies listed in this
7subsection shall be in addition to other civil or criminal
8remedies available to petitioner.
9        (1) Prohibition of abuse, neglect, or exploitation.
10    Prohibit respondent's harassment, interference with
11    personal liberty, intimidation of a dependent, physical
12    abuse, or willful deprivation, neglect or exploitation, as
13    defined in this Act, or stalking of the petitioner, as
14    defined in Section 12-7.3 of the Criminal Code of 2012, if
15    such abuse, neglect, exploitation, or stalking has
16    occurred or otherwise appears likely to occur if not
17    prohibited.
18        (2) Grant of exclusive possession of residence.
19    Prohibit respondent from entering or remaining in any
20    residence, household, or premises of the petitioner,
21    including one owned or leased by respondent, if petitioner
22    has a right to occupancy thereof. The grant of exclusive
23    possession of the residence, household, or premises shall
24    not affect title to real property, nor shall the court be
25    limited by the standard set forth in Section 701 of the
26    Illinois Marriage and Dissolution of Marriage Act.

 

 

HB5540 Engrossed- 1454 -LRB099 16003 AMC 40320 b

1            (A) Right to occupancy. A party has a right to
2        occupancy of a residence or household if it is solely
3        or jointly owned or leased by that party, that party's
4        spouse, a person with a legal duty to support that
5        party or a minor child in that party's care, or by any
6        person or entity other than the opposing party that
7        authorizes that party's occupancy (e.g., a domestic
8        violence shelter). Standards set forth in subparagraph
9        (B) shall not preclude equitable relief.
10            (B) Presumption of hardships. If petitioner and
11        respondent each has the right to occupancy of a
12        residence or household, the court shall balance (i) the
13        hardships to respondent and any minor child or
14        dependent adult in respondent's care resulting from
15        entry of this remedy with (ii) the hardships to
16        petitioner and any minor child or dependent adult in
17        petitioner's care resulting from continued exposure to
18        the risk of abuse (should petitioner remain at the
19        residence or household) or from loss of possession of
20        the residence or household (should petitioner leave to
21        avoid the risk of abuse). When determining the balance
22        of hardships, the court shall also take into account
23        the accessibility of the residence or household.
24        Hardships need not be balanced if respondent does not
25        have a right to occupancy.
26            The balance of hardships is presumed to favor

 

 

HB5540 Engrossed- 1455 -LRB099 16003 AMC 40320 b

1        possession by petitioner unless the presumption is
2        rebutted by a preponderance of the evidence, showing
3        that the hardships to respondent substantially
4        outweigh the hardships to petitioner and any minor
5        child or dependent adult in petitioner's care. The
6        court, on the request of petitioner or on its own
7        motion, may order respondent to provide suitable,
8        accessible, alternate housing for petitioner instead
9        of excluding respondent from a mutual residence or
10        household.
11        (3) Stay away order and additional prohibitions. Order
12    respondent to stay away from petitioner or any other person
13    protected by the order of protection, or prohibit
14    respondent from entering or remaining present at
15    petitioner's school, place of employment, or other
16    specified places at times when petitioner is present, or
17    both, if reasonable, given the balance of hardships.
18    Hardships need not be balanced for the court to enter a
19    stay away order or prohibit entry if respondent has no
20    right to enter the premises.
21            (A) If an order of protection grants petitioner
22        exclusive possession of the residence, or prohibits
23        respondent from entering the residence, or orders
24        respondent to stay away from petitioner or other
25        protected persons, then the court may allow respondent
26        access to the residence to remove items of clothing and

 

 

HB5540 Engrossed- 1456 -LRB099 16003 AMC 40320 b

1        personal adornment used exclusively by respondent,
2        medications, and other items as the court directs. The
3        right to access shall be exercised on only one occasion
4        as the court directs and in the presence of an
5        agreed-upon adult third party or law enforcement
6        officer.
7            (B) When the petitioner and the respondent attend
8        the same public, private, or non-public elementary,
9        middle, or high school, the court when issuing an order
10        of protection and providing relief shall consider the
11        severity of the act, any continuing physical danger or
12        emotional distress to the petitioner, the educational
13        rights guaranteed to the petitioner and respondent
14        under federal and State law, the availability of a
15        transfer of the respondent to another school, a change
16        of placement or a change of program of the respondent,
17        the expense, difficulty, and educational disruption
18        that would be caused by a transfer of the respondent to
19        another school, and any other relevant facts of the
20        case. The court may order that the respondent not
21        attend the public, private, or non-public elementary,
22        middle, or high school attended by the petitioner,
23        order that the respondent accept a change of placement
24        or change of program, as determined by the school
25        district or private or non-public school, or place
26        restrictions on the respondent's movements within the

 

 

HB5540 Engrossed- 1457 -LRB099 16003 AMC 40320 b

1        school attended by the petitioner. The respondent
2        bears the burden of proving by a preponderance of the
3        evidence that a transfer, change of placement, or
4        change of program of the respondent is not available.
5        The respondent also bears the burden of production with
6        respect to the expense, difficulty, and educational
7        disruption that would be caused by a transfer of the
8        respondent to another school. A transfer, change of
9        placement, or change of program is not unavailable to
10        the respondent solely on the ground that the respondent
11        does not agree with the school district's or private or
12        non-public school's transfer, change of placement, or
13        change of program or solely on the ground that the
14        respondent fails or refuses to consent or otherwise
15        does not take an action required to effectuate a
16        transfer, change of placement, or change of program.
17        When a court orders a respondent to stay away from the
18        public, private, or non-public school attended by the
19        petitioner and the respondent requests a transfer to
20        another attendance center within the respondent's
21        school district or private or non-public school, the
22        school district or private or non-public school shall
23        have sole discretion to determine the attendance
24        center to which the respondent is transferred. In the
25        event the court order results in a transfer of the
26        minor respondent to another attendance center, a

 

 

HB5540 Engrossed- 1458 -LRB099 16003 AMC 40320 b

1        change in the respondent's placement, or a change of
2        the respondent's program, the parents, guardian, or
3        legal custodian of the respondent is responsible for
4        transportation and other costs associated with the
5        transfer or change.
6            (C) The court may order the parents, guardian, or
7        legal custodian of a minor respondent to take certain
8        actions or to refrain from taking certain actions to
9        ensure that the respondent complies with the order. In
10        the event the court orders a transfer of the respondent
11        to another school, the parents, guardian, or legal
12        custodian of the respondent is responsible for
13        transportation and other costs associated with the
14        change of school by the respondent.
15        (4) Counseling. Require or recommend the respondent to
16    undergo counseling for a specified duration with a social
17    worker, psychologist, clinical psychologist, psychiatrist,
18    family service agency, alcohol or substance abuse program,
19    mental health center guidance counselor, agency providing
20    services to elders, program designed for domestic violence
21    abusers or any other guidance service the court deems
22    appropriate. The Court may order the respondent in any
23    intimate partner relationship to report to an Illinois
24    Department of Human Services protocol approved partner
25    abuse intervention program for an assessment and to follow
26    all recommended treatment.

 

 

HB5540 Engrossed- 1459 -LRB099 16003 AMC 40320 b

1        (5) Physical care and possession of the minor child. In
2    order to protect the minor child from abuse, neglect, or
3    unwarranted separation from the person who has been the
4    minor child's primary caretaker, or to otherwise protect
5    the well-being of the minor child, the court may do either
6    or both of the following: (i) grant petitioner physical
7    care or possession of the minor child, or both, or (ii)
8    order respondent to return a minor child to, or not remove
9    a minor child from, the physical care of a parent or person
10    in loco parentis.
11        If a court finds, after a hearing, that respondent has
12    committed abuse (as defined in Section 103) of a minor
13    child, there shall be a rebuttable presumption that
14    awarding physical care to respondent would not be in the
15    minor child's best interest.
16        (6) Temporary allocation of parental responsibilities:
17    significant decision-making. Award temporary
18    decision-making responsibility to petitioner in accordance
19    with this Section, the Illinois Marriage and Dissolution of
20    Marriage Act, the Illinois Parentage Act of 2015, and this
21    State's Uniform Child-Custody Jurisdiction and Enforcement
22    Act.
23        If a court finds, after a hearing, that respondent has
24    committed abuse (as defined in Section 103) of a minor
25    child, there shall be a rebuttable presumption that
26    awarding temporary significant decision-making

 

 

HB5540 Engrossed- 1460 -LRB099 16003 AMC 40320 b

1    responsibility to respondent would not be in the child's
2    best interest.
3        (7) Parenting time. Determine the parenting time, if
4    any, of respondent in any case in which the court awards
5    physical care or allocates temporary significant
6    decision-making responsibility of a minor child to
7    petitioner. The court shall restrict or deny respondent's
8    parenting time with a minor child if the court finds that
9    respondent has done or is likely to do any of the
10    following: (i) abuse or endanger the minor child during
11    parenting time; (ii) use the parenting time as an
12    opportunity to abuse or harass petitioner or petitioner's
13    family or household members; (iii) improperly conceal or
14    detain the minor child; or (iv) otherwise act in a manner
15    that is not in the best interests of the minor child. The
16    court shall not be limited by the standards set forth in
17    Section 603.10 of the Illinois Marriage and Dissolution of
18    Marriage Act. If the court grants parenting time, the order
19    shall specify dates and times for the parenting time to
20    take place or other specific parameters or conditions that
21    are appropriate. No order for parenting time shall refer
22    merely to the term "reasonable parenting time".
23        Petitioner may deny respondent access to the minor
24    child if, when respondent arrives for parenting time,
25    respondent is under the influence of drugs or alcohol and
26    constitutes a threat to the safety and well-being of

 

 

HB5540 Engrossed- 1461 -LRB099 16003 AMC 40320 b

1    petitioner or petitioner's minor children or is behaving in
2    a violent or abusive manner.
3        If necessary to protect any member of petitioner's
4    family or household from future abuse, respondent shall be
5    prohibited from coming to petitioner's residence to meet
6    the minor child for parenting time, and the parties shall
7    submit to the court their recommendations for reasonable
8    alternative arrangements for parenting time. A person may
9    be approved to supervise parenting time only after filing
10    an affidavit accepting that responsibility and
11    acknowledging accountability to the court.
12        (8) Removal or concealment of minor child. Prohibit
13    respondent from removing a minor child from the State or
14    concealing the child within the State.
15        (9) Order to appear. Order the respondent to appear in
16    court, alone or with a minor child, to prevent abuse,
17    neglect, removal or concealment of the child, to return the
18    child to the custody or care of the petitioner or to permit
19    any court-ordered interview or examination of the child or
20    the respondent.
21        (10) Possession of personal property. Grant petitioner
22    exclusive possession of personal property and, if
23    respondent has possession or control, direct respondent to
24    promptly make it available to petitioner, if:
25            (i) petitioner, but not respondent, owns the
26        property; or

 

 

HB5540 Engrossed- 1462 -LRB099 16003 AMC 40320 b

1            (ii) the parties own the property jointly; sharing
2        it would risk abuse of petitioner by respondent or is
3        impracticable; and the balance of hardships favors
4        temporary possession by petitioner.
5        If petitioner's sole claim to ownership of the property
6    is that it is marital property, the court may award
7    petitioner temporary possession thereof under the
8    standards of subparagraph (ii) of this paragraph only if a
9    proper proceeding has been filed under the Illinois
10    Marriage and Dissolution of Marriage Act, as now or
11    hereafter amended.
12        No order under this provision shall affect title to
13    property.
14        (11) Protection of property. Forbid the respondent
15    from taking, transferring, encumbering, concealing,
16    damaging or otherwise disposing of any real or personal
17    property, except as explicitly authorized by the court, if:
18            (i) petitioner, but not respondent, owns the
19        property; or
20            (ii) the parties own the property jointly, and the
21        balance of hardships favors granting this remedy.
22        If petitioner's sole claim to ownership of the property
23    is that it is marital property, the court may grant
24    petitioner relief under subparagraph (ii) of this
25    paragraph only if a proper proceeding has been filed under
26    the Illinois Marriage and Dissolution of Marriage Act, as

 

 

HB5540 Engrossed- 1463 -LRB099 16003 AMC 40320 b

1    now or hereafter amended.
2        The court may further prohibit respondent from
3    improperly using the financial or other resources of an
4    aged member of the family or household for the profit or
5    advantage of respondent or of any other person.
6        (11.5) Protection of animals. Grant the petitioner the
7    exclusive care, custody, or control of any animal owned,
8    possessed, leased, kept, or held by either the petitioner
9    or the respondent or a minor child residing in the
10    residence or household of either the petitioner or the
11    respondent and order the respondent to stay away from the
12    animal and forbid the respondent from taking,
13    transferring, encumbering, concealing, harming, or
14    otherwise disposing of the animal.
15        (12) Order for payment of support. Order respondent to
16    pay temporary support for the petitioner or any child in
17    the petitioner's care or over whom the petitioner has been
18    allocated parental responsibility, when the respondent has
19    a legal obligation to support that person, in accordance
20    with the Illinois Marriage and Dissolution of Marriage Act,
21    which shall govern, among other matters, the amount of
22    support, payment through the clerk and withholding of
23    income to secure payment. An order for child support may be
24    granted to a petitioner with lawful physical care of a
25    child, or an order or agreement for physical care of a
26    child, prior to entry of an order allocating significant

 

 

HB5540 Engrossed- 1464 -LRB099 16003 AMC 40320 b

1    decision-making responsibility. Such a support order shall
2    expire upon entry of a valid order allocating parental
3    responsibility differently and vacating the petitioner's
4    significant decision-making authority, unless otherwise
5    provided in the order.
6        (13) Order for payment of losses. Order respondent to
7    pay petitioner for losses suffered as a direct result of
8    the abuse, neglect, or exploitation. Such losses shall
9    include, but not be limited to, medical expenses, lost
10    earnings or other support, repair or replacement of
11    property damaged or taken, reasonable attorney's fees,
12    court costs and moving or other travel expenses, including
13    additional reasonable expenses for temporary shelter and
14    restaurant meals.
15            (i) Losses affecting family needs. If a party is
16        entitled to seek maintenance, child support or
17        property distribution from the other party under the
18        Illinois Marriage and Dissolution of Marriage Act, as
19        now or hereafter amended, the court may order
20        respondent to reimburse petitioner's actual losses, to
21        the extent that such reimbursement would be
22        "appropriate temporary relief", as authorized by
23        subsection (a)(3) of Section 501 of that Act.
24            (ii) Recovery of expenses. In the case of an
25        improper concealment or removal of a minor child, the
26        court may order respondent to pay the reasonable

 

 

HB5540 Engrossed- 1465 -LRB099 16003 AMC 40320 b

1        expenses incurred or to be incurred in the search for
2        and recovery of the minor child, including but not
3        limited to legal fees, court costs, private
4        investigator fees, and travel costs.
5        (14) Prohibition of entry. Prohibit the respondent
6    from entering or remaining in the residence or household
7    while the respondent is under the influence of alcohol or
8    drugs and constitutes a threat to the safety and well-being
9    of the petitioner or the petitioner's children.
10        (14.5) Prohibition of firearm possession.
11            (a) Prohibit a respondent against whom an order of
12        protection was issued from possessing any firearms
13        during the duration of the order if the order:
14                (1) was issued after a hearing of which such
15            person received actual notice, and at which such
16            person had an opportunity to participate;
17                (2) restrains such person from harassing,
18            stalking, or threatening an intimate partner of
19            such person or child of such intimate partner or
20            person, or engaging in other conduct that would
21            place an intimate partner in reasonable fear of
22            bodily injury to the partner or child; and
23                (3)(i) includes a finding that such person
24            represents a credible threat to the physical
25            safety of such intimate partner or child; or (ii)
26            by its terms explicitly prohibits the use,

 

 

HB5540 Engrossed- 1466 -LRB099 16003 AMC 40320 b

1            attempted use, or threatened use of physical force
2            against such intimate partner or child that would
3            reasonably be expected to cause bodily injury.
4        Any Firearm Owner's Identification Card in the
5        possession of the respondent, except as provided in
6        subsection (b), shall be ordered by the court to be
7        turned over to the local law enforcement agency. The
8        local law enforcement agency shall immediately mail
9        the card to the Department of State Police Firearm
10        Owner's Identification Card Office for safekeeping.
11        The court shall issue a warrant for seizure of any
12        firearm in the possession of the respondent, to be kept
13        by the local law enforcement agency for safekeeping,
14        except as provided in subsection (b). The period of
15        safekeeping shall be for the duration of the order of
16        protection. The firearm or firearms and Firearm
17        Owner's Identification Card, if unexpired, shall at
18        the respondent's request, be returned to the
19        respondent at the end of the order of protection. It is
20        the respondent's responsibility to notify the
21        Department of State Police Firearm Owner's
22        Identification Card Office.
23            (b) If the respondent is a peace officer as defined
24        in Section 2-13 of the Criminal Code of 2012, the court
25        shall order that any firearms used by the respondent in
26        the performance of his or her duties as a peace officer

 

 

HB5540 Engrossed- 1467 -LRB099 16003 AMC 40320 b

1        be surrendered to the chief law enforcement executive
2        of the agency in which the respondent is employed, who
3        shall retain the firearms for safekeeping for the
4        duration of the order of protection.
5            (c) Upon expiration of the period of safekeeping,
6        if the firearms or Firearm Owner's Identification Card
7        cannot be returned to respondent because respondent
8        cannot be located, fails to respond to requests to
9        retrieve the firearms, or is not lawfully eligible to
10        possess a firearm, upon petition from the local law
11        enforcement agency, the court may order the local law
12        enforcement agency to destroy the firearms, use the
13        firearms for training purposes, or for any other
14        application as deemed appropriate by the local law
15        enforcement agency; or that the firearms be turned over
16        to a third party who is lawfully eligible to possess
17        firearms, and who does not reside with respondent.
18        (15) Prohibition of access to records. If an order of
19    protection prohibits respondent from having contact with
20    the minor child, or if petitioner's address is omitted
21    under subsection (b) of Section 203, or if necessary to
22    prevent abuse or wrongful removal or concealment of a minor
23    child, the order shall deny respondent access to, and
24    prohibit respondent from inspecting, obtaining, or
25    attempting to inspect or obtain, school or any other
26    records of the minor child who is in the care of

 

 

HB5540 Engrossed- 1468 -LRB099 16003 AMC 40320 b

1    petitioner.
2        (16) Order for payment of shelter services. Order
3    respondent to reimburse a shelter providing temporary
4    housing and counseling services to the petitioner for the
5    cost of the services, as certified by the shelter and
6    deemed reasonable by the court.
7        (17) Order for injunctive relief. Enter injunctive
8    relief necessary or appropriate to prevent further abuse of
9    a family or household member or further abuse, neglect, or
10    exploitation of a high-risk adult with disabilities or to
11    effectuate one of the granted remedies, if supported by the
12    balance of hardships. If the harm to be prevented by the
13    injunction is abuse or any other harm that one of the
14    remedies listed in paragraphs (1) through (16) of this
15    subsection is designed to prevent, no further evidence is
16    necessary that the harm is an irreparable injury.
17    (c) Relevant factors; findings.
18        (1) In determining whether to grant a specific remedy,
19    other than payment of support, the court shall consider
20    relevant factors, including but not limited to the
21    following:
22            (i) the nature, frequency, severity, pattern and
23        consequences of the respondent's past abuse, neglect
24        or exploitation of the petitioner or any family or
25        household member, including the concealment of his or
26        her location in order to evade service of process or

 

 

HB5540 Engrossed- 1469 -LRB099 16003 AMC 40320 b

1        notice, and the likelihood of danger of future abuse,
2        neglect, or exploitation to petitioner or any member of
3        petitioner's or respondent's family or household; and
4            (ii) the danger that any minor child will be abused
5        or neglected or improperly relocated from the
6        jurisdiction, improperly concealed within the State or
7        improperly separated from the child's primary
8        caretaker.
9        (2) In comparing relative hardships resulting to the
10    parties from loss of possession of the family home, the
11    court shall consider relevant factors, including but not
12    limited to the following:
13            (i) availability, accessibility, cost, safety,
14        adequacy, location and other characteristics of
15        alternate housing for each party and any minor child or
16        dependent adult in the party's care;
17            (ii) the effect on the party's employment; and
18            (iii) the effect on the relationship of the party,
19        and any minor child or dependent adult in the party's
20        care, to family, school, church and community.
21        (3) Subject to the exceptions set forth in paragraph
22    (4) of this subsection, the court shall make its findings
23    in an official record or in writing, and shall at a minimum
24    set forth the following:
25            (i) That the court has considered the applicable
26        relevant factors described in paragraphs (1) and (2) of

 

 

HB5540 Engrossed- 1470 -LRB099 16003 AMC 40320 b

1        this subsection.
2            (ii) Whether the conduct or actions of respondent,
3        unless prohibited, will likely cause irreparable harm
4        or continued abuse.
5            (iii) Whether it is necessary to grant the
6        requested relief in order to protect petitioner or
7        other alleged abused persons.
8        (4) For purposes of issuing an ex parte emergency order
9    of protection, the court, as an alternative to or as a
10    supplement to making the findings described in paragraphs
11    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
12    the following procedure:
13        When a verified petition for an emergency order of
14    protection in accordance with the requirements of Sections
15    203 and 217 is presented to the court, the court shall
16    examine petitioner on oath or affirmation. An emergency
17    order of protection shall be issued by the court if it
18    appears from the contents of the petition and the
19    examination of petitioner that the averments are
20    sufficient to indicate abuse by respondent and to support
21    the granting of relief under the issuance of the emergency
22    order of protection.
23        (5) Never married parties. No rights or
24    responsibilities for a minor child born outside of marriage
25    attach to a putative father until a father and child
26    relationship has been established under the Illinois

 

 

HB5540 Engrossed- 1471 -LRB099 16003 AMC 40320 b

1    Parentage Act of 1984, the Illinois Parentage Act of 2015,
2    the Illinois Public Aid Code, Section 12 of the Vital
3    Records Act, the Juvenile Court Act of 1987, the Probate
4    Act of 1985, the Revised Uniform Reciprocal Enforcement of
5    Support Act, the Uniform Interstate Family Support Act, the
6    Expedited Child Support Act of 1990, any judicial,
7    administrative, or other act of another state or territory,
8    any other Illinois statute, or by any foreign nation
9    establishing the father and child relationship, any other
10    proceeding substantially in conformity with the Personal
11    Responsibility and Work Opportunity Reconciliation Act of
12    1996 (Pub. L. 104-193), or where both parties appeared in
13    open court or at an administrative hearing acknowledging
14    under oath or admitting by affirmation the existence of a
15    father and child relationship. Absent such an
16    adjudication, finding, or acknowledgement, no putative
17    father shall be granted temporary allocation of parental
18    responsibilities, including parenting time with the minor
19    child, or physical care and possession of the minor child,
20    nor shall an order of payment for support of the minor
21    child be entered.
22    (d) Balance of hardships; findings. If the court finds that
23the balance of hardships does not support the granting of a
24remedy governed by paragraph (2), (3), (10), (11), or (16) of
25subsection (b) of this Section, which may require such
26balancing, the court's findings shall so indicate and shall

 

 

HB5540 Engrossed- 1472 -LRB099 16003 AMC 40320 b

1include a finding as to whether granting the remedy will result
2in hardship to respondent that would substantially outweigh the
3hardship to petitioner from denial of the remedy. The findings
4shall be an official record or in writing.
5    (e) Denial of remedies. Denial of any remedy shall not be
6based, in whole or in part, on evidence that:
7        (1) Respondent has cause for any use of force, unless
8    that cause satisfies the standards for justifiable use of
9    force provided by Article 7 of the Criminal Code of 2012;
10        (2) Respondent was voluntarily intoxicated;
11        (3) Petitioner acted in self-defense or defense of
12    another, provided that, if petitioner utilized force, such
13    force was justifiable under Article 7 of the Criminal Code
14    of 2012;
15        (4) Petitioner did not act in self-defense or defense
16    of another;
17        (5) Petitioner left the residence or household to avoid
18    further abuse, neglect, or exploitation by respondent;
19        (6) Petitioner did not leave the residence or household
20    to avoid further abuse, neglect, or exploitation by
21    respondent;
22        (7) Conduct by any family or household member excused
23    the abuse, neglect, or exploitation by respondent, unless
24    that same conduct would have excused such abuse, neglect,
25    or exploitation if the parties had not been family or
26    household members.

 

 

HB5540 Engrossed- 1473 -LRB099 16003 AMC 40320 b

1(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; revised
210-19-15.)
 
3    (750 ILCS 60/227)  (from Ch. 40, par. 2312-27)
4    Sec. 227. Privileged communications between domestic
5violence counselors and victims.
6    (a) As used in this Section:
7        (1) "Domestic violence program" means any unit of local
8    government, organization, or association whose major
9    purpose is to provide one or more of the following:
10    information, crisis intervention, emergency shelter,
11    referral, counseling, advocacy, or emotional support to
12    victims of domestic violence.
13        (2) "Domestic violence advocate or counselor" means
14    any person (A) who has undergone a minimum of forty hours
15    of training in domestic violence advocacy, crisis
16    intervention, and related areas, and (B) who provides
17    services to victims through a domestic violence program
18    either on an employed or volunteer basis.
19        (3) "Confidential communication" means any
20    communication between an alleged victim of domestic
21    violence and a domestic violence advocate or counselor in
22    the course of providing information, counseling, or
23    advocacy. The term includes all records kept by the
24    advocate or counselor or by the domestic violence program
25    in the course of providing services to an alleged victim

 

 

HB5540 Engrossed- 1474 -LRB099 16003 AMC 40320 b

1    concerning the alleged victim and the services provided.
2    The confidential nature of the communication is not waived
3    by the presence at the time of the communication of any
4    additional persons, including but not limited to an
5    interpreter, to further express the interests of the
6    domestic violence victim or by the advocate's or
7    counselor's disclosure to such an additional person with
8    the consent of the victim when reasonably necessary to
9    accomplish the purpose for which the advocate or counselor
10    is consulted.
11        (4) "Domestic violence victim" means any person who
12    consults a domestic violence counselor for the purpose of
13    securing advice, counseling or assistance related to one or
14    more alleged incidents of domestic violence.
15        (5) "Domestic violence" means abuse as defined in this
16    Act the Illinois Domestic Violence Act.
17    (b) No domestic violence advocate or counselor shall
18disclose any confidential communication or be examined as a
19witness in any civil or criminal case or proceeding or in any
20legislative or administrative proceeding without the written
21consent of the domestic violence victim except (1) in
22accordance with the provisions of the Abused and Neglected
23Child Reporting Act or (2) in cases where failure to disclose
24is likely to result in an imminent risk of serious bodily harm
25or death of the victim or another person.
26    (c) A domestic violence advocate or counselor who knowingly

 

 

HB5540 Engrossed- 1475 -LRB099 16003 AMC 40320 b

1discloses any confidential communication in violation of this
2Act commits a Class A misdemeanor.
3    (d) When a domestic violence victim is deceased or has been
4adjudged incompetent by a court of competent jurisdiction, the
5guardian of the domestic violence victim or the executor or
6administrator of the estate of the domestic violence victim may
7waive the privilege established by this Section, except where
8the guardian, executor or administrator of the estate has been
9charged with a violent crime against the domestic violence
10victim or has had an Order of Protection entered against him or
11her at the request of or on behalf of the domestic violence
12victim or otherwise has an interest adverse to that of the
13domestic violence victim with respect to the waiver of the
14privilege. In that case, the court shall appoint an attorney
15for the estate of the domestic violence victim.
16    (e) A minor may knowingly waive the privilege established
17by this Section. Where a minor is, in the opinion of the court,
18incapable of knowingly waiving the privilege, the parent or
19guardian of the minor may waive the privilege on behalf of the
20minor, except where such parent or guardian has been charged
21with a violent crime against the minor or has had an Order of
22Protection entered against him or her on request of or on
23behalf of the minor or otherwise has any interest adverse to
24that of the minor with respect to the waiver of the privilege.
25In that case, the court shall appoint an attorney for the minor
26child who shall be compensated in accordance with Section 506

 

 

HB5540 Engrossed- 1476 -LRB099 16003 AMC 40320 b

1of the Illinois Marriage and Dissolution of Marriage Act.
2    (f) Nothing in this Section shall be construed to limit in
3any way any privilege that might otherwise exist under statute
4or common law.
5    (g) The assertion of any privilege under this Section shall
6not result in an inference unfavorable to the State's cause or
7to the cause of the domestic violence victim.
8(Source: P.A. 87-1186; revised 10-20-15.)
 
9    Section 600. The Probate Act of 1975 is amended by changing
10Sections 11a-4, 11a-10, and 11a-18 as follows:
 
11    (755 ILCS 5/11a-4)  (from Ch. 110 1/2, par. 11a-4)
12    Sec. 11a-4. Temporary guardian.
13    (a) Prior to the appointment of a guardian under this
14Article, pending an appeal in relation to the appointment, or
15pending the completion of a citation proceeding brought
16pursuant to Section 23-3 of this Act, or upon a guardian's
17death, incapacity, or resignation, the court may appoint a
18temporary guardian upon a showing of the necessity therefor for
19the immediate welfare and protection of the alleged person with
20a disability or his or her estate on such notice and subject to
21such conditions as the court may prescribe. In determining the
22necessity for temporary guardianship, the immediate welfare
23and protection of the alleged person with a disability and his
24or her estate shall be of paramount concern, and the interests

 

 

HB5540 Engrossed- 1477 -LRB099 16003 AMC 40320 b

1of the petitioner, any care provider, or any other party shall
2not outweigh the interests of the alleged person with a
3disability. The temporary guardian shall have the limited
4powers and duties of a guardian of the person or of the estate
5which are specifically enumerated by court order. The court
6order shall state the actual harm identified by the court that
7necessitates temporary guardianship or any extension thereof.
8    (b) The temporary guardianship shall expire within 60 days
9after the appointment or whenever a guardian is regularly
10appointed, whichever occurs first. No extension shall be
11granted except:
12        (1) In a case where there has been an adjudication of
13    disability, an extension shall be granted:
14            (i) pending the disposition on appeal of an
15        adjudication of disability;
16            (ii) pending the completion of a citation
17        proceeding brought pursuant to Section 23-3;
18            (iii) pending the appointment of a successor
19        guardian in a case where the former guardian has
20        resigned, has become incapacitated, or is deceased; or
21            (iv) where the guardian's powers have been
22        suspended pursuant to a court order.
23        (2) In a case where there has not been an adjudication
24    of disability, an extension shall be granted pending the
25    disposition of a petition brought pursuant to Section 11a-8
26    so long as the court finds it is in the best interest of

 

 

HB5540 Engrossed- 1478 -LRB099 16003 AMC 40320 b

1    the alleged person with a disability to extend the
2    temporary guardianship so as to protect the alleged person
3    with a disability from any potential abuse, neglect,
4    self-neglect, exploitation, or other harm and such
5    extension lasts no more than 120 days from the date the
6    temporary guardian was originally appointed.
7    The ward shall have the right any time after the
8appointment of a temporary guardian is made to petition the
9court to revoke the appointment of the temporary guardian.
10(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; revised
1110-21-15.)
 
12    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
13    Sec. 11a-10. Procedures preliminary to hearing.
14    (a) Upon the filing of a petition pursuant to Section
1511a-8, the court shall set a date and place for hearing to take
16place within 30 days. The court shall appoint a guardian ad
17litem to report to the court concerning the respondent's best
18interests consistent with the provisions of this Section,
19except that the appointment of a guardian ad litem shall not be
20required when the court determines that such appointment is not
21necessary for the protection of the respondent or a reasonably
22informed decision on the petition. If the guardian ad litem is
23not a licensed attorney, he or she shall be qualified, by
24training or experience, to work with or advocate for persons
25with developmental disabilities, the mentally ill, persons

 

 

HB5540 Engrossed- 1479 -LRB099 16003 AMC 40320 b

1with physical disabilities, the elderly, or persons with a
2disability due to mental deterioration, depending on the type
3of disability that is alleged in the petition. The court may
4allow the guardian ad litem reasonable compensation. The
5guardian ad litem may consult with a person who by training or
6experience is qualified to work with persons with a
7developmental disability, persons with mental illness, persons
8with physical disabilities, or persons with a disability due to
9mental deterioration, depending on the type of disability that
10is alleged. The guardian ad litem shall personally observe the
11respondent prior to the hearing and shall inform him orally and
12in writing of the contents of the petition and of his rights
13under Section 11a-11. The guardian ad litem shall also attempt
14to elicit the respondent's position concerning the
15adjudication of disability, the proposed guardian, a proposed
16change in residential placement, changes in care that might
17result from the guardianship, and other areas of inquiry deemed
18appropriate by the court. Notwithstanding any provision in the
19Mental Health and Developmental Disabilities Confidentiality
20Act or any other law, a guardian ad litem shall have the right
21to inspect and copy any medical or mental health record of the
22respondent which the guardian ad litem deems necessary,
23provided that the information so disclosed shall not be
24utilized for any other purpose nor be redisclosed except in
25connection with the proceedings. At or before the hearing, the
26guardian ad litem shall file a written report detailing his or

 

 

HB5540 Engrossed- 1480 -LRB099 16003 AMC 40320 b

1her observations of the respondent, the responses of the
2respondent to any of the inquiries inquires detailed in this
3Section, the opinion of the guardian ad litem or other
4professionals with whom the guardian ad litem consulted
5concerning the appropriateness of guardianship, and any other
6material issue discovered by the guardian ad litem. The
7guardian ad litem shall appear at the hearing and testify as to
8any issues presented in his or her report.
9    (b) The court (1) may appoint counsel for the respondent,
10if the court finds that the interests of the respondent will be
11best served by the appointment, and (2) shall appoint counsel
12upon respondent's request or if the respondent takes a position
13adverse to that of the guardian ad litem. The respondent shall
14be permitted to obtain the appointment of counsel either at the
15hearing or by any written or oral request communicated to the
16court prior to the hearing. The summons shall inform the
17respondent of this right to obtain appointed counsel. The court
18may allow counsel for the respondent reasonable compensation.
19    (c) If the respondent is unable to pay the fee of the
20guardian ad litem or appointed counsel, or both, the court may
21enter an order for the petitioner to pay all such fees or such
22amounts as the respondent or the respondent's estate may be
23unable to pay. However, in cases where the Office of State
24Guardian is the petitioner, consistent with Section 30 of the
25Guardianship and Advocacy Act, where the public guardian is the
26petitioner, consistent with Section 13-5 of this Act the

 

 

HB5540 Engrossed- 1481 -LRB099 16003 AMC 40320 b

1Probate Act of 1975, where an adult protective services agency
2is the petitioner, pursuant to Section 9 of the Adult
3Protective Services Act, or where the Department of Children
4and Family Services is the petitioner under subparagraph (d) of
5subsection (1) of Section 2-27 of the Juvenile Court Act of
61987, no guardian ad litem or legal fees shall be assessed
7against the Office of State Guardian, the public guardian, the
8adult protective services agency, or the Department of Children
9and Family Services.
10    (d) The hearing may be held at such convenient place as the
11court directs, including at a facility in which the respondent
12resides.
13    (e) Unless he is the petitioner, the respondent shall be
14personally served with a copy of the petition and a summons not
15less than 14 days before the hearing. The summons shall be
16printed in large, bold type and shall include the following
17notice:
18
NOTICE OF RIGHTS OF RESPONDENT
19    You have been named as a respondent in a guardianship
20petition asking that you be declared a person with a
21disability. If the court grants the petition, a guardian will
22be appointed for you. A copy of the guardianship petition is
23attached for your convenience.
24The date and time of the hearing are:
25The place where the hearing will occur is:
26The Judge's name and phone number is:

 

 

HB5540 Engrossed- 1482 -LRB099 16003 AMC 40320 b

1    If a guardian is appointed for you, the guardian may be
2given the right to make all important personal decisions for
3you, such as where you may live, what medical treatment you may
4receive, what places you may visit, and who may visit you. A
5guardian may also be given the right to control and manage your
6money and other property, including your home, if you own one.
7You may lose the right to make these decisions for yourself.
8    You have the following legal rights:
9        (1) You have the right to be present at the court
10    hearing.
11        (2) You have the right to be represented by a lawyer,
12    either one that you retain, or one appointed by the Judge.
13        (3) You have the right to ask for a jury of six persons
14    to hear your case.
15        (4) You have the right to present evidence to the court
16    and to confront and cross-examine witnesses.
17        (5) You have the right to ask the Judge to appoint an
18    independent expert to examine you and give an opinion about
19    your need for a guardian.
20        (6) You have the right to ask that the court hearing be
21    closed to the public.
22        (7) You have the right to tell the court whom you
23    prefer to have for your guardian.
24    You do not have to attend the court hearing if you do not
25want to be there. If you do not attend, the Judge may appoint a
26guardian if the Judge finds that a guardian would be of benefit

 

 

HB5540 Engrossed- 1483 -LRB099 16003 AMC 40320 b

1to you. The hearing will not be postponed or canceled if you do
2not attend.
3    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
4NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
5PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
6IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
7PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
8TELL THE JUDGE.
9    Service of summons and the petition may be made by a
10private person 18 years of age or over who is not a party to the
11action.
12    (f) Notice of the time and place of the hearing shall be
13given by the petitioner by mail or in person to those persons,
14including the proposed guardian, whose names and addresses
15appear in the petition and who do not waive notice, not less
16than 14 days before the hearing.
17(Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756,
18eff. 7-16-14; 99-143, eff. 7-27-15; revised 10-19-15.)
 
19    (755 ILCS 5/11a-18)  (from Ch. 110 1/2, par. 11a-18)
20    Sec. 11a-18. Duties of the estate guardian.
21    (a) To the extent specified in the order establishing the
22guardianship, the guardian of the estate shall have the care,
23management and investment of the estate, shall manage the
24estate frugally and shall apply the income and principal of the
25estate so far as necessary for the comfort and suitable support

 

 

HB5540 Engrossed- 1484 -LRB099 16003 AMC 40320 b

1and education of the ward, his minor and adult dependent
2children, and persons related by blood or marriage who are
3dependent upon or entitled to support from him, or for any
4other purpose which the court deems to be for the best
5interests of the ward, and the court may approve the making on
6behalf of the ward of such agreements as the court determines
7to be for the ward's best interests. The guardian may make
8disbursement of his ward's funds and estate directly to the
9ward or other distributee or in such other manner and in such
10amounts as the court directs. If the estate of a ward is
11derived in whole or in part from payments of compensation,
12adjusted compensation, pension, insurance or other similar
13benefits made directly to the estate by the Veterans
14Administration, notice of the application for leave to invest
15or expend the ward's funds or estate, together with a copy of
16the petition and proposed order, shall be given to the
17Veterans' Administration Regional Office in this State at least
187 days before the hearing on the application.
19    (a-5) The probate court, upon petition of a guardian, other
20than the guardian of a minor, and after notice to all other
21persons interested as the court directs, may authorize the
22guardian to exercise any or all powers over the estate and
23business affairs of the ward that the ward could exercise if
24present and not under disability. The court may authorize the
25taking of an action or the application of funds not required
26for the ward's current and future maintenance and support in

 

 

HB5540 Engrossed- 1485 -LRB099 16003 AMC 40320 b

1any manner approved by the court as being in keeping with the
2ward's wishes so far as they can be ascertained. The court must
3consider the permanence of the ward's disabling condition and
4the natural objects of the ward's bounty. In ascertaining and
5carrying out the ward's wishes the court may consider, but
6shall not be limited to, minimization of State or federal
7income, estate, or inheritance taxes; and providing gifts to
8charities, relatives, and friends that would be likely
9recipients of donations from the ward. The ward's wishes as
10best they can be ascertained shall be carried out, whether or
11not tax savings are involved. Actions or applications of funds
12may include, but shall not be limited to, the following:
13        (1) making gifts of income or principal, or both, of
14    the estate, either outright or in trust;
15        (2) conveying, releasing, or disclaiming his or her
16    contingent and expectant interests in property, including
17    marital property rights and any right of survivorship
18    incident to joint tenancy or tenancy by the entirety;
19        (3) releasing or disclaiming his or her powers as
20    trustee, personal representative, custodian for minors, or
21    guardian;
22        (4) exercising, releasing, or disclaiming his or her
23    powers as donee of a power of appointment;
24        (5) entering into contracts;
25        (6) creating for the benefit of the ward or others,
26    revocable or irrevocable trusts of his or her property that

 

 

HB5540 Engrossed- 1486 -LRB099 16003 AMC 40320 b

1    may extend beyond his or her disability or life;
2        (7) exercising options of the ward to purchase or
3    exchange securities or other property;
4        (8) exercising the rights of the ward to elect benefit
5    or payment options, to terminate, to change beneficiaries
6    or ownership, to assign rights, to borrow, or to receive
7    cash value in return for a surrender of rights under any
8    one or more of the following:
9            (i) life insurance policies, plans, or benefits,
10            (ii) annuity policies, plans, or benefits,
11            (iii) mutual fund and other dividend investment
12        plans,
13            (iv) retirement, profit sharing, and employee
14        welfare plans and benefits;
15        (9) exercising his or her right to claim or disclaim an
16    elective share in the estate of his or her deceased spouse
17    and to renounce any interest by testate or intestate
18    succession or by inter vivos transfer;
19        (10) changing the ward's residence or domicile; or
20        (11) modifying by means of codicil or trust amendment
21    the terms of the ward's will or any revocable trust created
22    by the ward, as the court may consider advisable in light
23    of changes in applicable tax laws.
24    The guardian in his or her petition shall briefly outline
25the action or application of funds for which he or she seeks
26approval, the results expected to be accomplished thereby, and

 

 

HB5540 Engrossed- 1487 -LRB099 16003 AMC 40320 b

1the tax savings, if any, expected to accrue. The proposed
2action or application of funds may include gifts of the ward's
3personal property or real estate, but transfers of real estate
4shall be subject to the requirements of Section 20 of this Act.
5Gifts may be for the benefit of prospective legatees, devisees,
6or heirs apparent of the ward or may be made to individuals or
7charities in which the ward is believed to have an interest.
8The guardian shall also indicate in the petition that any
9planned disposition is consistent with the intentions of the
10ward insofar as they can be ascertained, and if the ward's
11intentions cannot be ascertained, the ward will be presumed to
12favor reduction in the incidents of various forms of taxation
13and the partial distribution of his or her estate as provided
14in this subsection. The guardian shall not, however, be
15required to include as a beneficiary or fiduciary any person
16who he has reason to believe would be excluded by the ward. A
17guardian shall be required to investigate and pursue a ward's
18eligibility for governmental benefits.
19    (b) Upon the direction of the court which issued his
20letters, a guardian may perform the contracts of his ward which
21were legally subsisting at the time of the commencement of the
22ward's disability. The court may authorize the guardian to
23execute and deliver any bill of sale, deed or other instrument.
24    (c) The guardian of the estate of a ward shall appear for
25and represent the ward in all legal proceedings unless another
26person is appointed for that purpose as guardian or next

 

 

HB5540 Engrossed- 1488 -LRB099 16003 AMC 40320 b

1friend. This does not impair the power of any court to appoint
2a guardian ad litem or next friend to defend the interests of
3the ward in that court, or to appoint or allow any person as
4the next friend of a ward to commence, prosecute or defend any
5proceeding in his behalf. Without impairing the power of the
6court in any respect, if the guardian of the estate of a ward
7and another person as next friend shall appear for and
8represent the ward in a legal proceeding in which the
9compensation of the attorney or attorneys representing the
10guardian and next friend is solely determined under a
11contingent fee arrangement, the guardian of the estate of the
12ward shall not participate in or have any duty to review the
13prosecution of the action, to participate in or review the
14appropriateness of any settlement of the action, or to
15participate in or review any determination of the
16appropriateness of any fees awarded to the attorney or
17attorneys employed in the prosecution of the action.
18    (d) Adjudication of disability shall not revoke or
19otherwise terminate a trust which is revocable by the ward. A
20guardian of the estate shall have no authority to revoke a
21trust that is revocable by the ward, except that the court may
22authorize a guardian to revoke a Totten trust or similar
23deposit or withdrawable capital account in trust to the extent
24necessary to provide funds for the purposes specified in
25paragraph (a) of this Section. If the trustee of any trust for
26the benefit of the ward has discretionary power to apply income

 

 

HB5540 Engrossed- 1489 -LRB099 16003 AMC 40320 b

1or principal for the ward's benefit, the trustee shall not be
2required to distribute any of the income or principal to the
3guardian of the ward's estate, but the guardian may bring an
4action on behalf of the ward to compel the trustee to exercise
5the trustee's discretion or to seek relief from an abuse of
6discretion. This paragraph shall not limit the right of a
7guardian of the estate to receive accountings from the trustee
8on behalf of the ward.
9    (d-5) Upon a verified petition by the plenary or limited
10guardian of the estate or the request of the ward that is
11accompanied by a current physician's report that states the
12ward possesses testamentary capacity, the court may enter an
13order authorizing the ward to execute a will or codicil. In so
14ordering, the court shall authorize the guardian to retain
15independent counsel for the ward with whom the ward may execute
16or modify a will or codicil.
17    (e) Absent court order pursuant to the Illinois Power of
18Attorney Act directing a guardian to exercise powers of the
19principal under an agency that survives disability, the
20guardian will have no power, duty or liability with respect to
21any property subject to the agency. This subsection (e) applies
22to all agencies, whenever and wherever executed.
23    (f) Upon petition by any interested person (including the
24standby or short-term guardian), with such notice to interested
25persons as the court directs and a finding by the court that it
26is in the best interest of the person with a disability, the

 

 

HB5540 Engrossed- 1490 -LRB099 16003 AMC 40320 b

1court may terminate or limit the authority of a standby or
2short-term guardian or may enter such other orders as the court
3deems necessary to provide for the best interest of the person
4with a disability. The petition for termination or limitation
5of the authority of a standby or short-term guardian may, but
6need not, be combined with a petition to have another guardian
7appointed for the person with a disability.
8(Source: P.A. 99-143, eff. 7-27-15; 99-302, eff. 1-1-16;
9revised 10-21-15.)
 
10    Section 605. The Condominium Property Act is amended by
11changing Section 18 as follows:
 
12    (765 ILCS 605/18)  (from Ch. 30, par. 318)
13    (Text of Section before amendment by P.A. 99-472)
14    Sec. 18. Contents of bylaws. The bylaws shall provide for
15at least the following:
16    (a)(1) The election from among the unit owners of a board
17of managers, the number of persons constituting such board, and
18that the terms of at least one-third of the members of the
19board shall expire annually and that all members of the board
20shall be elected at large; if . If there are multiple owners of
21a single unit, only one of the multiple owners shall be
22eligible to serve as a member of the board at any one time; .
23    (2) the powers and duties of the board;
24    (3) the compensation, if any, of the members of the board;

 

 

HB5540 Engrossed- 1491 -LRB099 16003 AMC 40320 b

1    (4) the method of removal from office of members of the
2board;
3    (5) that the board may engage the services of a manager or
4managing agent;
5    (6) that each unit owner shall receive, at least 30 days
6prior to the adoption thereof by the board of managers, a copy
7of the proposed annual budget together with an indication of
8which portions are intended for reserves, capital expenditures
9or repairs or payment of real estate taxes;
10    (7) that the board of managers shall annually supply to all
11unit owners an itemized accounting of the common expenses for
12the preceding year actually incurred or paid, together with an
13indication of which portions were for reserves, capital
14expenditures or repairs or payment of real estate taxes and
15with a tabulation of the amounts collected pursuant to the
16budget or assessment, and showing the net excess or deficit of
17income over expenditures plus reserves;
18    (8)(i) that each unit owner shall receive notice, in the
19same manner as is provided in this Act for membership meetings,
20of any meeting of the board of managers concerning the adoption
21of the proposed annual budget and regular assessments pursuant
22thereto or to adopt a separate (special) assessment, (ii) that
23except as provided in subsection (iv) below, if an adopted
24budget or any separate assessment adopted by the board would
25result in the sum of all regular and separate assessments
26payable in the current fiscal year exceeding 115% of the sum of

 

 

HB5540 Engrossed- 1492 -LRB099 16003 AMC 40320 b

1all regular and separate assessments payable during the
2preceding fiscal year, the board of managers, upon written
3petition by unit owners with 20 percent of the votes of the
4association delivered to the board within 14 days of the board
5action, shall call a meeting of the unit owners within 30 days
6of the date of delivery of the petition to consider the budget
7or separate assessment; unless a majority of the total votes of
8the unit owners are cast at the meeting to reject the budget or
9separate assessment, it is ratified, (iii) that any common
10expense not set forth in the budget or any increase in
11assessments over the amount adopted in the budget shall be
12separately assessed against all unit owners, (iv) that separate
13assessments for expenditures relating to emergencies or
14mandated by law may be adopted by the board of managers without
15being subject to unit owner approval or the provisions of item
16(ii) above or item (v) below. As used herein, "emergency" means
17an immediate danger to the structural integrity of the common
18elements or to the life, health, safety or property of the unit
19owners, (v) that assessments for additions and alterations to
20the common elements or to association-owned property not
21included in the adopted annual budget, shall be separately
22assessed and are subject to approval of two-thirds of the total
23votes of all unit owners, (vi) that the board of managers may
24adopt separate assessments payable over more than one fiscal
25year. With respect to multi-year assessments not governed by
26items (iv) and (v), the entire amount of the multi-year

 

 

HB5540 Engrossed- 1493 -LRB099 16003 AMC 40320 b

1assessment shall be deemed considered and authorized in the
2first fiscal year in which the assessment is approved;
3    (9) that meetings of the board of managers shall be open to
4any unit owner, except for the portion of any meeting held (i)
5to discuss litigation when an action against or on behalf of
6the particular association has been filed and is pending in a
7court or administrative tribunal, or when the board of managers
8finds that such an action is probable or imminent, (ii) to
9consider information regarding appointment, employment or
10dismissal of an employee, or (iii) to discuss violations of
11rules and regulations of the association or a unit owner's
12unpaid share of common expenses; that any vote on these matters
13shall be taken at a meeting or portion thereof open to any unit
14owner; that any unit owner may record the proceedings at
15meetings or portions thereof required to be open by this Act by
16tape, film or other means; that the board may prescribe
17reasonable rules and regulations to govern the right to make
18such recordings, that notice of such meetings shall be mailed
19or delivered at least 48 hours prior thereto, unless a written
20waiver of such notice is signed by the person or persons
21entitled to such notice pursuant to the declaration, bylaws,
22other condominium instrument, or provision of law other than
23this subsection before the meeting is convened, and that copies
24of notices of meetings of the board of managers shall be posted
25in entranceways, elevators, or other conspicuous places in the
26condominium at least 48 hours prior to the meeting of the board

 

 

HB5540 Engrossed- 1494 -LRB099 16003 AMC 40320 b

1of managers except where there is no common entranceway for 7
2or more units, the board of managers may designate one or more
3locations in the proximity of these units where the notices of
4meetings shall be posted;
5    (10) that the board shall meet at least 4 times annually;
6    (11) that no member of the board or officer shall be
7elected for a term of more than 2 years, but that officers and
8board members may succeed themselves;
9    (12) the designation of an officer to mail and receive all
10notices and execute amendments to condominium instruments as
11provided for in this Act and in the condominium instruments;
12    (13) the method of filling vacancies on the board which
13shall include authority for the remaining members of the board
14to fill the vacancy by two-thirds vote until the next annual
15meeting of unit owners or for a period terminating no later
16than 30 days following the filing of a petition signed by unit
17owners holding 20% of the votes of the association requesting a
18meeting of the unit owners to fill the vacancy for the balance
19of the term, and that a meeting of the unit owners shall be
20called for purposes of filling a vacancy on the board no later
21than 30 days following the filing of a petition signed by unit
22owners holding 20% of the votes of the association requesting
23such a meeting, and the method of filling vacancies among the
24officers that shall include the authority for the members of
25the board to fill the vacancy for the unexpired portion of the
26term;

 

 

HB5540 Engrossed- 1495 -LRB099 16003 AMC 40320 b

1    (14) what percentage of the board of managers, if other
2than a majority, shall constitute a quorum;
3    (15) provisions concerning notice of board meetings to
4members of the board;
5    (16) the board of managers may not enter into a contract
6with a current board member or with a corporation or
7partnership in which a board member or a member of the board
8member's immediate family has 25% or more interest, unless
9notice of intent to enter the contract is given to unit owners
10within 20 days after a decision is made to enter into the
11contract and the unit owners are afforded an opportunity by
12filing a petition, signed by 20% of the unit owners, for an
13election to approve or disapprove the contract; such petition
14shall be filed within 20 days after such notice and such
15election shall be held within 30 days after filing the
16petition; for purposes of this subsection, a board member's
17immediate family means the board member's spouse, parents, and
18children;
19    (17) that the board of managers may disseminate to unit
20owners biographical and background information about
21candidates for election to the board if (i) reasonable efforts
22to identify all candidates are made and all candidates are
23given an opportunity to include biographical and background
24information in the information to be disseminated; and (ii) the
25board does not express a preference in favor of any candidate;
26    (18) any proxy distributed for board elections by the board

 

 

HB5540 Engrossed- 1496 -LRB099 16003 AMC 40320 b

1of managers gives unit owners the opportunity to designate any
2person as the proxy holder, and gives the unit owner the
3opportunity to express a preference for any of the known
4candidates for the board or to write in a name;
5    (19) that special meetings of the board of managers can be
6called by the president or 25% of the members of the board; and
7    (20) that the board of managers may establish and maintain
8a system of master metering of public utility services and
9collect payments in connection therewith, subject to the
10requirements of the Tenant Utility Payment Disclosure Act.
11    (b)(1) What percentage of the unit owners, if other than
1220%, shall constitute a quorum provided that, for condominiums
13with 20 or more units, the percentage of unit owners
14constituting a quorum shall be 20% unless the unit owners
15holding a majority of the percentage interest in the
16association provide for a higher percentage, provided that in
17voting on amendments to the association's bylaws, a unit owner
18who is in arrears on the unit owner's regular or separate
19assessments for 60 days or more, shall not be counted for
20purposes of determining if a quorum is present, but that unit
21owner retains the right to vote on amendments to the
22association's bylaws;
23    (2) that the association shall have one class of
24membership;
25    (3) that the members shall hold an annual meeting, one of
26the purposes of which shall be to elect members of the board of

 

 

HB5540 Engrossed- 1497 -LRB099 16003 AMC 40320 b

1managers;
2    (4) the method of calling meetings of the unit owners;
3    (5) that special meetings of the members can be called by
4the president, board of managers, or by 20% of unit owners;
5    (6) that written notice of any membership meeting shall be
6mailed or delivered giving members no less than 10 and no more
7than 30 days notice of the time, place and purpose of such
8meeting except that notice may be sent, to the extent the
9condominium instruments or rules adopted thereunder expressly
10so provide, by electronic transmission consented to by the unit
11owner to whom the notice is given, provided the director and
12officer or his agent certifies in writing to the delivery by
13electronic transmission;
14    (7) that voting shall be on a percentage basis, and that
15the percentage vote to which each unit is entitled is the
16percentage interest of the undivided ownership of the common
17elements appurtenant thereto, provided that the bylaws may
18provide for approval by unit owners in connection with matters
19where the requisite approval on a percentage basis is not
20specified in this Act, on the basis of one vote per unit;
21    (8) that, where there is more than one owner of a unit, if
22only one of the multiple owners is present at a meeting of the
23association, he is entitled to cast all the votes allocated to
24that unit, if more than one of the multiple owners are present,
25the votes allocated to that unit may be cast only in accordance
26with the agreement of a majority in interest of the multiple

 

 

HB5540 Engrossed- 1498 -LRB099 16003 AMC 40320 b

1owners, unless the declaration expressly provides otherwise,
2that there is majority agreement if any one of the multiple
3owners cast the votes allocated to that unit without protest
4being made promptly to the person presiding over the meeting by
5any of the other owners of the unit;
6    (9)(A) except as provided in subparagraph (B) of this
7paragraph (9) in connection with board elections, that a unit
8owner may vote by proxy executed in writing by the unit owner
9or by his duly authorized attorney in fact; that the proxy must
10bear the date of execution and, unless the condominium
11instruments or the written proxy itself provide otherwise, is
12invalid after 11 months from the date of its execution; to the
13extent the condominium instruments or rules adopted thereunder
14expressly so provide, a vote or proxy may be submitted by
15electronic transmission, provided that any such electronic
16transmission shall either set forth or be submitted with
17information from which it can be determined that the electronic
18transmission was authorized by the unit owner or the unit
19owner's proxy;
20    (B) that if a rule adopted at least 120 days before a board
21election or the declaration or bylaws provide for balloting as
22set forth in this subsection, unit owners may not vote by proxy
23in board elections, but may vote only (i) by submitting an
24association-issued ballot in person at the election meeting or
25(ii) by submitting an association-issued ballot to the
26association or its designated agent by mail or other means of

 

 

HB5540 Engrossed- 1499 -LRB099 16003 AMC 40320 b

1delivery specified in the declaration, bylaws, or rule; that
2the ballots shall be mailed or otherwise distributed to unit
3owners not less than 10 and not more than 30 days before the
4election meeting, and the board shall give unit owners not less
5than 21 days' prior written notice of the deadline for
6inclusion of a candidate's name on the ballots; that the
7deadline shall be no more than 7 days before the ballots are
8mailed or otherwise distributed to unit owners; that every such
9ballot must include the names of all candidates who have given
10the board or its authorized agent timely written notice of
11their candidacy and must give the person casting the ballot the
12opportunity to cast votes for candidates whose names do not
13appear on the ballot; that a ballot received by the association
14or its designated agent after the close of voting shall not be
15counted; that a unit owner who submits a ballot by mail or
16other means of delivery specified in the declaration, bylaws,
17or rule may request and cast a ballot in person at the election
18meeting, and thereby void any ballot previously submitted by
19that unit owner;
20    (B-5) that if a rule adopted at least 120 days before a
21board election or the declaration or bylaws provide for
22balloting as set forth in this subparagraph, unit owners may
23not vote by proxy in board elections, but may vote only (i) by
24submitting an association-issued ballot in person at the
25election meeting; or (ii) by any acceptable technological means
26as defined in Section 2 of this Act; instructions regarding the

 

 

HB5540 Engrossed- 1500 -LRB099 16003 AMC 40320 b

1use of electronic means for voting shall be distributed to all
2unit owners not less than 10 and not more than 30 days before
3the election meeting, and the board shall give unit owners not
4less than 21 days' prior written notice of the deadline for
5inclusion of a candidate's name on the ballots; the deadline
6shall be no more than 7 days before the instructions for voting
7using electronic or acceptable technological means is
8distributed to unit owners; every instruction notice must
9include the names of all candidates who have given the board or
10its authorized agent timely written notice of their candidacy
11and must give the person voting through electronic or
12acceptable technological means the opportunity to cast votes
13for candidates whose names do not appear on the ballot; a unit
14owner who submits a vote using electronic or acceptable
15technological means may request and cast a ballot in person at
16the election meeting, thereby voiding any vote previously
17submitted by that unit owner;
18    (C) that if a written petition by unit owners with at least
1920% of the votes of the association is delivered to the board
20within 14 days after the board's approval of a rule adopted
21pursuant to subparagraph (B) or subparagraph (B-5) of this
22paragraph (9), the board shall call a meeting of the unit
23owners within 30 days after the date of delivery of the
24petition; that unless a majority of the total votes of the unit
25owners are cast at the meeting to reject the rule, the rule is
26ratified;

 

 

HB5540 Engrossed- 1501 -LRB099 16003 AMC 40320 b

1    (D) that votes cast by ballot under subparagraph (B) or
2electronic or acceptable technological means under
3subparagraph (B-5) of this paragraph (9) are valid for the
4purpose of establishing a quorum;
5    (10) that the association may, upon adoption of the
6appropriate rules by the board of managers, conduct elections
7by secret ballot whereby the voting ballot is marked only with
8the percentage interest for the unit and the vote itself,
9provided that the board further adopt rules to verify the
10status of the unit owner issuing a proxy or casting a ballot;
11and further, that a candidate for election to the board of
12managers or such candidate's representative shall have the
13right to be present at the counting of ballots at such
14election;
15    (11) that in the event of a resale of a condominium unit
16the purchaser of a unit from a seller other than the developer
17pursuant to an installment contract for purchase shall during
18such times as he or she resides in the unit be counted toward a
19quorum for purposes of election of members of the board of
20managers at any meeting of the unit owners called for purposes
21of electing members of the board, shall have the right to vote
22for the election of members of the board of managers and to be
23elected to and serve on the board of managers unless the seller
24expressly retains in writing any or all of such rights. In no
25event may the seller and purchaser both be counted toward a
26quorum, be permitted to vote for a particular office or be

 

 

HB5540 Engrossed- 1502 -LRB099 16003 AMC 40320 b

1elected and serve on the board. Satisfactory evidence of the
2installment contract contact shall be made available to the
3association or its agents. For purposes of this subsection,
4"installment contract" contact" shall have the same meaning as
5set forth in Section 1 (e) of the Dwelling Unit Installment
6Contract Act "An Act relating to installment contracts to sell
7dwelling structures", approved August 11, 1967, as amended;
8    (12) the method by which matters subject to the approval of
9unit owners set forth in this Act, or in the condominium
10instruments, will be submitted to the unit owners at special
11membership meetings called for such purposes; and
12    (13) that matters subject to the affirmative vote of not
13less than 2/3 of the votes of unit owners at a meeting duly
14called for that purpose, shall include, but not be limited to:
15        (i) merger or consolidation of the association;
16        (ii) sale, lease, exchange, or other disposition
17    (excluding the mortgage or pledge) of all, or substantially
18    all of the property and assets of the association; and
19        (iii) the purchase or sale of land or of units on
20    behalf of all unit owners.
21    (c) Election of a president from among the board of
22managers, who shall preside over the meetings of the board of
23managers and of the unit owners.
24    (d) Election of a secretary from among the board of
25managers, who shall keep the minutes of all meetings of the
26board of managers and of the unit owners and who shall, in

 

 

HB5540 Engrossed- 1503 -LRB099 16003 AMC 40320 b

1general, perform all the duties incident to the office of
2secretary.
3    (e) Election of a treasurer from among the board of
4managers, who shall keep the financial records and books of
5account.
6    (f) Maintenance, repair and replacement of the common
7elements and payments therefor, including the method of
8approving payment vouchers.
9    (g) An association with 30 or more units shall obtain and
10maintain fidelity insurance covering persons who control or
11disburse funds of the association for the maximum amount of
12coverage available to protect funds in the custody or control
13of the association plus the association reserve fund. All
14management companies which are responsible for the funds held
15or administered by the association shall maintain and furnish
16to the association a fidelity bond for the maximum amount of
17coverage available to protect funds in the custody of the
18management company at any time. The association shall bear the
19cost of the fidelity insurance and fidelity bond, unless
20otherwise provided by contract between the association and a
21management company. The association shall be the direct obligee
22of any such fidelity bond. A management company holding reserve
23funds of an association shall at all times maintain a separate
24account for each association, provided, however, that for
25investment purposes, the Board of Managers of an association
26may authorize a management company to maintain the

 

 

HB5540 Engrossed- 1504 -LRB099 16003 AMC 40320 b

1association's reserve funds in a single interest bearing
2account with similar funds of other associations. The
3management company shall at all times maintain records
4identifying all moneys of each association in such investment
5account. The management company may hold all operating funds of
6associations which it manages in a single operating account but
7shall at all times maintain records identifying all moneys of
8each association in such operating account. Such operating and
9reserve funds held by the management company for the
10association shall not be subject to attachment by any creditor
11of the management company.
12    For the purpose of this subsection, a management company
13shall be defined as a person, partnership, corporation, or
14other legal entity entitled to transact business on behalf of
15others, acting on behalf of or as an agent for a unit owner,
16unit owners or association of unit owners for the purpose of
17carrying out the duties, responsibilities, and other
18obligations necessary for the day to day operation and
19management of any property subject to this Act. For purposes of
20this subsection, the term "fiduciary insurance coverage" shall
21be defined as both a fidelity bond and directors and officers
22liability coverage, the fidelity bond in the full amount of
23association funds and association reserves that will be in the
24custody of the association, and the directors and officers
25liability coverage at a level as shall be determined to be
26reasonable by the board of managers, if not otherwise

 

 

HB5540 Engrossed- 1505 -LRB099 16003 AMC 40320 b

1established by the declaration or by laws.
2    Until one year after September 21, 1985 (the effective date
3of Public Act 84-722) this amendatory Act of 1985, if a
4condominium association has reserves plus assessments in
5excess of $250,000 and cannot reasonably obtain 100% fidelity
6bond coverage for such amount, then it must obtain a fidelity
7bond coverage of $250,000.
8    (h) Method of estimating the amount of the annual budget,
9and the manner of assessing and collecting from the unit owners
10their respective shares of such estimated expenses, and of any
11other expenses lawfully agreed upon.
12    (i) That upon 10 days notice to the manager or board of
13managers and payment of a reasonable fee, any unit owner shall
14be furnished a statement of his account setting forth the
15amount of any unpaid assessments or other charges due and owing
16from such owner.
17    (j) Designation and removal of personnel necessary for the
18maintenance, repair and replacement of the common elements.
19    (k) Such restrictions on and requirements respecting the
20use and maintenance of the units and the use of the common
21elements, not set forth in the declaration, as are designed to
22prevent unreasonable interference with the use of their
23respective units and of the common elements by the several unit
24owners.
25    (l) Method of adopting and of amending administrative rules
26and regulations governing the operation and use of the common

 

 

HB5540 Engrossed- 1506 -LRB099 16003 AMC 40320 b

1elements.
2    (m) The percentage of votes required to modify or amend the
3bylaws, but each one of the particulars set forth in this
4section shall always be embodied in the bylaws.
5    (n)(i) The provisions of this Act, the declaration, bylaws,
6other condominium instruments, and rules and regulations that
7relate to the use of the individual unit or the common elements
8shall be applicable to any person leasing a unit and shall be
9deemed to be incorporated in any lease executed or renewed on
10or after August 30, 1984 (the effective date of Public Act
1183-1271) this amendatory Act of 1984.
12    (ii) With regard to any lease entered into subsequent to
13July 1, 1990 (the effective date of Public Act 86-991) this
14amendatory Act of 1989, the unit owner leasing the unit shall
15deliver a copy of the signed lease to the board or if the lease
16is oral, a memorandum of the lease, not later than the date of
17occupancy or 10 days after the lease is signed, whichever
18occurs first. In addition to any other remedies, by filing an
19action jointly against the tenant and the unit owner, an
20association may seek to enjoin a tenant from occupying a unit
21or seek to evict a tenant under the provisions of Article IX of
22the Code of Civil Procedure for failure of the lessor-owner to
23comply with the leasing requirements prescribed by this Section
24or by the declaration, bylaws, and rules and regulations. The
25board of managers may proceed directly against a tenant, at law
26or in equity, or under the provisions of Article IX of the Code

 

 

HB5540 Engrossed- 1507 -LRB099 16003 AMC 40320 b

1of Civil Procedure, for any other breach by tenant of any
2covenants, rules, regulations or bylaws.
3    (o) The association shall have no authority to forbear the
4payment of assessments by any unit owner.
5    (p) That when 30% or fewer of the units, by number, possess
6over 50% in the aggregate of the votes in the association, any
7percentage vote of members specified herein or in the
8condominium instruments shall require the specified percentage
9by number of units rather than by percentage of interest in the
10common elements allocated to units that would otherwise be
11applicable and garage units or storage units, or both, shall
12have, in total, no more votes than their aggregate percentage
13of ownership in the common elements; this shall mean that if
14garage units or storage units, or both, are to be given a vote,
15or portion of a vote, that the association must add the total
16number of votes cast of garage units, storage units, or both,
17and divide the total by the number of garage units, storage
18units, or both, and multiply by the aggregate percentage of
19ownership of garage units and storage units to determine the
20vote, or portion of a vote, that garage units or storage units,
21or both, have. For purposes of this subsection (p), when making
22a determination of whether 30% or fewer of the units, by
23number, possess over 50% in the aggregate of the votes in the
24association, a unit shall not include a garage unit or a
25storage unit.
26    (q) That a unit owner may not assign, delegate, transfer,

 

 

HB5540 Engrossed- 1508 -LRB099 16003 AMC 40320 b

1surrender, or avoid the duties, responsibilities, and
2liabilities of a unit owner under this Act, the condominium
3instruments, or the rules and regulations of the Association;
4and that such an attempted assignment, delegation, transfer,
5surrender, or avoidance shall be deemed void.
6    The provisions of this Section are applicable to all
7condominium instruments recorded under this Act. Any portion of
8a condominium instrument which contains provisions contrary to
9these provisions shall be void as against public policy and
10ineffective. Any such instrument which fails to contain the
11provisions required by this Section shall be deemed to
12incorporate such provisions by operation of law.
13(Source: P.A. 98-1042, eff. 1-1-15; revised 10-19-15.)
 
14    (Text of Section after amendment by P.A. 99-472)
15    Sec. 18. Contents of bylaws. The bylaws shall provide for
16at least the following:
17    (a)(1) The election from among the unit owners of a board
18of managers, the number of persons constituting such board, and
19that the terms of at least one-third of the members of the
20board shall expire annually and that all members of the board
21shall be elected at large; if . If there are multiple owners of
22a single unit, only one of the multiple owners shall be
23eligible to serve as a member of the board at any one time; .
24    (2) the powers and duties of the board;
25    (3) the compensation, if any, of the members of the board;

 

 

HB5540 Engrossed- 1509 -LRB099 16003 AMC 40320 b

1    (4) the method of removal from office of members of the
2board;
3    (5) that the board may engage the services of a manager or
4managing agent;
5    (6) that each unit owner shall receive, at least 25 days
6prior to the adoption thereof by the board of managers, a copy
7of the proposed annual budget together with an indication of
8which portions are intended for reserves, capital expenditures
9or repairs or payment of real estate taxes;
10    (7) that the board of managers shall annually supply to all
11unit owners an itemized accounting of the common expenses for
12the preceding year actually incurred or paid, together with an
13indication of which portions were for reserves, capital
14expenditures or repairs or payment of real estate taxes and
15with a tabulation of the amounts collected pursuant to the
16budget or assessment, and showing the net excess or deficit of
17income over expenditures plus reserves;
18    (8)(i) that each unit owner shall receive notice, in the
19same manner as is provided in this Act for membership meetings,
20of any meeting of the board of managers concerning the adoption
21of the proposed annual budget and regular assessments pursuant
22thereto or to adopt a separate (special) assessment, (ii) that
23except as provided in subsection (iv) below, if an adopted
24budget or any separate assessment adopted by the board would
25result in the sum of all regular and separate assessments
26payable in the current fiscal year exceeding 115% of the sum of

 

 

HB5540 Engrossed- 1510 -LRB099 16003 AMC 40320 b

1all regular and separate assessments payable during the
2preceding fiscal year, the board of managers, upon written
3petition by unit owners with 20 percent of the votes of the
4association delivered to the board within 14 days of the board
5action, shall call a meeting of the unit owners within 30 days
6of the date of delivery of the petition to consider the budget
7or separate assessment; unless a majority of the total votes of
8the unit owners are cast at the meeting to reject the budget or
9separate assessment, it is ratified, (iii) that any common
10expense not set forth in the budget or any increase in
11assessments over the amount adopted in the budget shall be
12separately assessed against all unit owners, (iv) that separate
13assessments for expenditures relating to emergencies or
14mandated by law may be adopted by the board of managers without
15being subject to unit owner approval or the provisions of item
16(ii) above or item (v) below. As used herein, "emergency" means
17an immediate danger to the structural integrity of the common
18elements or to the life, health, safety or property of the unit
19owners, (v) that assessments for additions and alterations to
20the common elements or to association-owned property not
21included in the adopted annual budget, shall be separately
22assessed and are subject to approval of two-thirds of the total
23votes of all unit owners, (vi) that the board of managers may
24adopt separate assessments payable over more than one fiscal
25year. With respect to multi-year assessments not governed by
26items (iv) and (v), the entire amount of the multi-year

 

 

HB5540 Engrossed- 1511 -LRB099 16003 AMC 40320 b

1assessment shall be deemed considered and authorized in the
2first fiscal year in which the assessment is approved;
3    (9)(A) that every meeting of the board of managers shall be
4open to any unit owner, except for the portion of any meeting
5held to discuss or consider information relating to: (i)
6litigation when an action against or on behalf of the
7particular association has been filed and is pending in a court
8or administrative tribunal, or when the board of managers finds
9that such an action is probable or imminent, (ii) appointment,
10employment or dismissal of an employee, (iii) violations of
11rules and regulations of the association, or (iv) a unit
12owner's unpaid share of common expenses; that any vote on these
13matters discussed or considered in closed session shall take
14place at a meeting of the board of managers or portion thereof
15open to any unit owner;
16    (B) that board members may participate in and act at any
17meeting of the board of managers in person, by telephonic
18means, or by use of any acceptable technological means whereby
19all persons participating in the meeting can communicate with
20each other; that participation constitutes attendance and
21presence in person at the meeting;
22    (C) that any unit owner may record the proceedings at
23meetings of the board of managers or portions thereof required
24to be open by this Act by tape, film or other means, and that
25the board may prescribe reasonable rules and regulations to
26govern the right to make such recordings;

 

 

HB5540 Engrossed- 1512 -LRB099 16003 AMC 40320 b

1    (D) that notice of every meeting of the board of managers
2shall be given to every board member at least 48 hours prior
3thereto, unless the board member waives notice of the meeting
4pursuant to subsection (a) of Section 18.8; and
5    (E) that notice of every meeting of the board of managers
6shall be posted in entranceways, elevators, or other
7conspicuous places in the condominium at least 48 hours prior
8to the meeting of the board of managers except where there is
9no common entranceway for 7 or more units, the board of
10managers may designate one or more locations in the proximity
11of these units where the notices of meetings shall be posted;
12that notice of every meeting of the board of managers shall
13also be given at least 48 hours prior to the meeting, or such
14longer notice as this Act may separately require, to: (i) each
15unit owner who has provided the association with written
16authorization to conduct business by acceptable technological
17means, and (ii) to the extent that the condominium instruments
18of an association require, to each other unit owner, as
19required by subsection (f) of Section 18.8, by mail or
20delivery, and that no other notice of a meeting of the board of
21managers need be given to any unit owner;
22    (10) that the board shall meet at least 4 times annually;
23    (11) that no member of the board or officer shall be
24elected for a term of more than 2 years, but that officers and
25board members may succeed themselves;
26    (12) the designation of an officer to mail and receive all

 

 

HB5540 Engrossed- 1513 -LRB099 16003 AMC 40320 b

1notices and execute amendments to condominium instruments as
2provided for in this Act and in the condominium instruments;
3    (13) the method of filling vacancies on the board which
4shall include authority for the remaining members of the board
5to fill the vacancy by two-thirds vote until the next annual
6meeting of unit owners or for a period terminating no later
7than 30 days following the filing of a petition signed by unit
8owners holding 20% of the votes of the association requesting a
9meeting of the unit owners to fill the vacancy for the balance
10of the term, and that a meeting of the unit owners shall be
11called for purposes of filling a vacancy on the board no later
12than 30 days following the filing of a petition signed by unit
13owners holding 20% of the votes of the association requesting
14such a meeting, and the method of filling vacancies among the
15officers that shall include the authority for the members of
16the board to fill the vacancy for the unexpired portion of the
17term;
18    (14) what percentage of the board of managers, if other
19than a majority, shall constitute a quorum;
20    (15) provisions concerning notice of board meetings to
21members of the board;
22    (16) the board of managers may not enter into a contract
23with a current board member or with a corporation or
24partnership in which a board member or a member of the board
25member's immediate family has 25% or more interest, unless
26notice of intent to enter the contract is given to unit owners

 

 

HB5540 Engrossed- 1514 -LRB099 16003 AMC 40320 b

1within 20 days after a decision is made to enter into the
2contract and the unit owners are afforded an opportunity by
3filing a petition, signed by 20% of the unit owners, for an
4election to approve or disapprove the contract; such petition
5shall be filed within 20 days after such notice and such
6election shall be held within 30 days after filing the
7petition; for purposes of this subsection, a board member's
8immediate family means the board member's spouse, parents, and
9children;
10    (17) that the board of managers may disseminate to unit
11owners biographical and background information about
12candidates for election to the board if (i) reasonable efforts
13to identify all candidates are made and all candidates are
14given an opportunity to include biographical and background
15information in the information to be disseminated; and (ii) the
16board does not express a preference in favor of any candidate;
17    (18) any proxy distributed for board elections by the board
18of managers gives unit owners the opportunity to designate any
19person as the proxy holder, and gives the unit owner the
20opportunity to express a preference for any of the known
21candidates for the board or to write in a name;
22    (19) that special meetings of the board of managers can be
23called by the president or 25% of the members of the board;
24    (20) that the board of managers may establish and maintain
25a system of master metering of public utility services and
26collect payments in connection therewith, subject to the

 

 

HB5540 Engrossed- 1515 -LRB099 16003 AMC 40320 b

1requirements of the Tenant Utility Payment Disclosure Act; and
2    (21) that the board may ratify and confirm actions of the
3members of the board taken in response to an emergency, as that
4term is defined in subdivision (a)(8)(iv) of this Section; that
5the board shall give notice to the unit owners of: (i) the
6occurrence of the emergency event within 7 business days after
7the emergency event, and (ii) the general description of the
8actions taken to address the event within 7 days after the
9emergency event.
10    The intent of the provisions of Public Act 99-472 this
11amendatory Act of the 99th General Assembly adding this
12paragraph (21) is to empower and support boards to act in
13emergencies.
14    (b)(1) What percentage of the unit owners, if other than
1520%, shall constitute a quorum provided that, for condominiums
16with 20 or more units, the percentage of unit owners
17constituting a quorum shall be 20% unless the unit owners
18holding a majority of the percentage interest in the
19association provide for a higher percentage, provided that in
20voting on amendments to the association's bylaws, a unit owner
21who is in arrears on the unit owner's regular or separate
22assessments for 60 days or more, shall not be counted for
23purposes of determining if a quorum is present, but that unit
24owner retains the right to vote on amendments to the
25association's bylaws;
26    (2) that the association shall have one class of

 

 

HB5540 Engrossed- 1516 -LRB099 16003 AMC 40320 b

1membership;
2    (3) that the members shall hold an annual meeting, one of
3the purposes of which shall be to elect members of the board of
4managers;
5    (4) the method of calling meetings of the unit owners;
6    (5) that special meetings of the members can be called by
7the president, board of managers, or by 20% of unit owners;
8    (6) that written notice of any membership meeting shall be
9mailed or delivered giving members no less than 10 and no more
10than 30 days notice of the time, place and purpose of such
11meeting except that notice may be sent, to the extent the
12condominium instruments or rules adopted thereunder expressly
13so provide, by electronic transmission consented to by the unit
14owner to whom the notice is given, provided the director and
15officer or his agent certifies in writing to the delivery by
16electronic transmission;
17    (7) that voting shall be on a percentage basis, and that
18the percentage vote to which each unit is entitled is the
19percentage interest of the undivided ownership of the common
20elements appurtenant thereto, provided that the bylaws may
21provide for approval by unit owners in connection with matters
22where the requisite approval on a percentage basis is not
23specified in this Act, on the basis of one vote per unit;
24    (8) that, where there is more than one owner of a unit, if
25only one of the multiple owners is present at a meeting of the
26association, he is entitled to cast all the votes allocated to

 

 

HB5540 Engrossed- 1517 -LRB099 16003 AMC 40320 b

1that unit, if more than one of the multiple owners are present,
2the votes allocated to that unit may be cast only in accordance
3with the agreement of a majority in interest of the multiple
4owners, unless the declaration expressly provides otherwise,
5that there is majority agreement if any one of the multiple
6owners cast the votes allocated to that unit without protest
7being made promptly to the person presiding over the meeting by
8any of the other owners of the unit;
9    (9)(A) except as provided in subparagraph (B) of this
10paragraph (9) in connection with board elections, that a unit
11owner may vote by proxy executed in writing by the unit owner
12or by his duly authorized attorney in fact; that the proxy must
13bear the date of execution and, unless the condominium
14instruments or the written proxy itself provide otherwise, is
15invalid after 11 months from the date of its execution; to the
16extent the condominium instruments or rules adopted thereunder
17expressly so provide, a vote or proxy may be submitted by
18electronic transmission, provided that any such electronic
19transmission shall either set forth or be submitted with
20information from which it can be determined that the electronic
21transmission was authorized by the unit owner or the unit
22owner's proxy;
23    (B) that if a rule adopted at least 120 days before a board
24election or the declaration or bylaws provide for balloting as
25set forth in this subsection, unit owners may not vote by proxy
26in board elections, but may vote only (i) by submitting an

 

 

HB5540 Engrossed- 1518 -LRB099 16003 AMC 40320 b

1association-issued ballot in person at the election meeting or
2(ii) by submitting an association-issued ballot to the
3association or its designated agent by mail or other means of
4delivery specified in the declaration, bylaws, or rule; that
5the ballots shall be mailed or otherwise distributed to unit
6owners not less than 10 and not more than 30 days before the
7election meeting, and the board shall give unit owners not less
8than 21 days' prior written notice of the deadline for
9inclusion of a candidate's name on the ballots; that the
10deadline shall be no more than 7 days before the ballots are
11mailed or otherwise distributed to unit owners; that every such
12ballot must include the names of all candidates who have given
13the board or its authorized agent timely written notice of
14their candidacy and must give the person casting the ballot the
15opportunity to cast votes for candidates whose names do not
16appear on the ballot; that a ballot received by the association
17or its designated agent after the close of voting shall not be
18counted; that a unit owner who submits a ballot by mail or
19other means of delivery specified in the declaration, bylaws,
20or rule may request and cast a ballot in person at the election
21meeting, and thereby void any ballot previously submitted by
22that unit owner;
23    (B-5) that if a rule adopted at least 120 days before a
24board election or the declaration or bylaws provide for
25balloting as set forth in this subparagraph, unit owners may
26not vote by proxy in board elections, but may vote only (i) by

 

 

HB5540 Engrossed- 1519 -LRB099 16003 AMC 40320 b

1submitting an association-issued ballot in person at the
2election meeting; or (ii) by any acceptable technological means
3as defined in Section 2 of this Act; instructions regarding the
4use of electronic means for voting shall be distributed to all
5unit owners not less than 10 and not more than 30 days before
6the election meeting, and the board shall give unit owners not
7less than 21 days' prior written notice of the deadline for
8inclusion of a candidate's name on the ballots; the deadline
9shall be no more than 7 days before the instructions for voting
10using electronic or acceptable technological means is
11distributed to unit owners; every instruction notice must
12include the names of all candidates who have given the board or
13its authorized agent timely written notice of their candidacy
14and must give the person voting through electronic or
15acceptable technological means the opportunity to cast votes
16for candidates whose names do not appear on the ballot; a unit
17owner who submits a vote using electronic or acceptable
18technological means may request and cast a ballot in person at
19the election meeting, thereby voiding any vote previously
20submitted by that unit owner;
21    (C) that if a written petition by unit owners with at least
2220% of the votes of the association is delivered to the board
23within 14 days after the board's approval of a rule adopted
24pursuant to subparagraph (B) or subparagraph (B-5) of this
25paragraph (9), the board shall call a meeting of the unit
26owners within 30 days after the date of delivery of the

 

 

HB5540 Engrossed- 1520 -LRB099 16003 AMC 40320 b

1petition; that unless a majority of the total votes of the unit
2owners are cast at the meeting to reject the rule, the rule is
3ratified;
4    (D) that votes cast by ballot under subparagraph (B) or
5electronic or acceptable technological means under
6subparagraph (B-5) of this paragraph (9) are valid for the
7purpose of establishing a quorum;
8    (10) that the association may, upon adoption of the
9appropriate rules by the board of managers, conduct elections
10by secret ballot whereby the voting ballot is marked only with
11the percentage interest for the unit and the vote itself,
12provided that the board further adopt rules to verify the
13status of the unit owner issuing a proxy or casting a ballot;
14and further, that a candidate for election to the board of
15managers or such candidate's representative shall have the
16right to be present at the counting of ballots at such
17election;
18    (11) that in the event of a resale of a condominium unit
19the purchaser of a unit from a seller other than the developer
20pursuant to an installment contract for purchase shall during
21such times as he or she resides in the unit be counted toward a
22quorum for purposes of election of members of the board of
23managers at any meeting of the unit owners called for purposes
24of electing members of the board, shall have the right to vote
25for the election of members of the board of managers and to be
26elected to and serve on the board of managers unless the seller

 

 

HB5540 Engrossed- 1521 -LRB099 16003 AMC 40320 b

1expressly retains in writing any or all of such rights. In no
2event may the seller and purchaser both be counted toward a
3quorum, be permitted to vote for a particular office or be
4elected and serve on the board. Satisfactory evidence of the
5installment contract contact shall be made available to the
6association or its agents. For purposes of this subsection,
7"installment contract" contact" shall have the same meaning as
8set forth in Section 1 (e) of the Dwelling Unit Installment
9Contract Act "An Act relating to installment contracts to sell
10dwelling structures", approved August 11, 1967, as amended;
11    (12) the method by which matters subject to the approval of
12unit owners set forth in this Act, or in the condominium
13instruments, will be submitted to the unit owners at special
14membership meetings called for such purposes; and
15    (13) that matters subject to the affirmative vote of not
16less than 2/3 of the votes of unit owners at a meeting duly
17called for that purpose, shall include, but not be limited to:
18        (i) merger or consolidation of the association;
19        (ii) sale, lease, exchange, or other disposition
20    (excluding the mortgage or pledge) of all, or substantially
21    all of the property and assets of the association; and
22        (iii) the purchase or sale of land or of units on
23    behalf of all unit owners.
24    (c) Election of a president from among the board of
25managers, who shall preside over the meetings of the board of
26managers and of the unit owners.

 

 

HB5540 Engrossed- 1522 -LRB099 16003 AMC 40320 b

1    (d) Election of a secretary from among the board of
2managers, who shall keep the minutes of all meetings of the
3board of managers and of the unit owners and who shall, in
4general, perform all the duties incident to the office of
5secretary.
6    (e) Election of a treasurer from among the board of
7managers, who shall keep the financial records and books of
8account.
9    (f) Maintenance, repair and replacement of the common
10elements and payments therefor, including the method of
11approving payment vouchers.
12    (g) An association with 30 or more units shall obtain and
13maintain fidelity insurance covering persons who control or
14disburse funds of the association for the maximum amount of
15coverage available to protect funds in the custody or control
16of the association plus the association reserve fund. All
17management companies which are responsible for the funds held
18or administered by the association shall maintain and furnish
19to the association a fidelity bond for the maximum amount of
20coverage available to protect funds in the custody of the
21management company at any time. The association shall bear the
22cost of the fidelity insurance and fidelity bond, unless
23otherwise provided by contract between the association and a
24management company. The association shall be the direct obligee
25of any such fidelity bond. A management company holding reserve
26funds of an association shall at all times maintain a separate

 

 

HB5540 Engrossed- 1523 -LRB099 16003 AMC 40320 b

1account for each association, provided, however, that for
2investment purposes, the Board of Managers of an association
3may authorize a management company to maintain the
4association's reserve funds in a single interest bearing
5account with similar funds of other associations. The
6management company shall at all times maintain records
7identifying all moneys of each association in such investment
8account. The management company may hold all operating funds of
9associations which it manages in a single operating account but
10shall at all times maintain records identifying all moneys of
11each association in such operating account. Such operating and
12reserve funds held by the management company for the
13association shall not be subject to attachment by any creditor
14of the management company.
15    For the purpose of this subsection, a management company
16shall be defined as a person, partnership, corporation, or
17other legal entity entitled to transact business on behalf of
18others, acting on behalf of or as an agent for a unit owner,
19unit owners or association of unit owners for the purpose of
20carrying out the duties, responsibilities, and other
21obligations necessary for the day to day operation and
22management of any property subject to this Act. For purposes of
23this subsection, the term "fiduciary insurance coverage" shall
24be defined as both a fidelity bond and directors and officers
25liability coverage, the fidelity bond in the full amount of
26association funds and association reserves that will be in the

 

 

HB5540 Engrossed- 1524 -LRB099 16003 AMC 40320 b

1custody of the association, and the directors and officers
2liability coverage at a level as shall be determined to be
3reasonable by the board of managers, if not otherwise
4established by the declaration or by laws.
5    Until one year after September 21, 1985 (the effective date
6of Public Act 84-722) this amendatory Act of 1985, if a
7condominium association has reserves plus assessments in
8excess of $250,000 and cannot reasonably obtain 100% fidelity
9bond coverage for such amount, then it must obtain a fidelity
10bond coverage of $250,000.
11    (h) Method of estimating the amount of the annual budget,
12and the manner of assessing and collecting from the unit owners
13their respective shares of such estimated expenses, and of any
14other expenses lawfully agreed upon.
15    (i) That upon 10 days notice to the manager or board of
16managers and payment of a reasonable fee, any unit owner shall
17be furnished a statement of his account setting forth the
18amount of any unpaid assessments or other charges due and owing
19from such owner.
20    (j) Designation and removal of personnel necessary for the
21maintenance, repair and replacement of the common elements.
22    (k) Such restrictions on and requirements respecting the
23use and maintenance of the units and the use of the common
24elements, not set forth in the declaration, as are designed to
25prevent unreasonable interference with the use of their
26respective units and of the common elements by the several unit

 

 

HB5540 Engrossed- 1525 -LRB099 16003 AMC 40320 b

1owners.
2    (l) Method of adopting and of amending administrative rules
3and regulations governing the operation and use of the common
4elements.
5    (m) The percentage of votes required to modify or amend the
6bylaws, but each one of the particulars set forth in this
7section shall always be embodied in the bylaws.
8    (n)(i) The provisions of this Act, the declaration, bylaws,
9other condominium instruments, and rules and regulations that
10relate to the use of the individual unit or the common elements
11shall be applicable to any person leasing a unit and shall be
12deemed to be incorporated in any lease executed or renewed on
13or after August 30, 1984 (the effective date of Public Act
1483-1271) this amendatory Act of 1984.
15    (ii) With regard to any lease entered into subsequent to
16July 1, 1990 (the effective date of Public Act 86-991) this
17amendatory Act of 1989, the unit owner leasing the unit shall
18deliver a copy of the signed lease to the board or if the lease
19is oral, a memorandum of the lease, not later than the date of
20occupancy or 10 days after the lease is signed, whichever
21occurs first. In addition to any other remedies, by filing an
22action jointly against the tenant and the unit owner, an
23association may seek to enjoin a tenant from occupying a unit
24or seek to evict a tenant under the provisions of Article IX of
25the Code of Civil Procedure for failure of the lessor-owner to
26comply with the leasing requirements prescribed by this Section

 

 

HB5540 Engrossed- 1526 -LRB099 16003 AMC 40320 b

1or by the declaration, bylaws, and rules and regulations. The
2board of managers may proceed directly against a tenant, at law
3or in equity, or under the provisions of Article IX of the Code
4of Civil Procedure, for any other breach by tenant of any
5covenants, rules, regulations or bylaws.
6    (o) The association shall have no authority to forbear the
7payment of assessments by any unit owner.
8    (p) That when 30% or fewer of the units, by number, possess
9over 50% in the aggregate of the votes in the association, any
10percentage vote of members specified herein or in the
11condominium instruments shall require the specified percentage
12by number of units rather than by percentage of interest in the
13common elements allocated to units that would otherwise be
14applicable and garage units or storage units, or both, shall
15have, in total, no more votes than their aggregate percentage
16of ownership in the common elements; this shall mean that if
17garage units or storage units, or both, are to be given a vote,
18or portion of a vote, that the association must add the total
19number of votes cast of garage units, storage units, or both,
20and divide the total by the number of garage units, storage
21units, or both, and multiply by the aggregate percentage of
22ownership of garage units and storage units to determine the
23vote, or portion of a vote, that garage units or storage units,
24or both, have. For purposes of this subsection (p), when making
25a determination of whether 30% or fewer of the units, by
26number, possess over 50% in the aggregate of the votes in the

 

 

HB5540 Engrossed- 1527 -LRB099 16003 AMC 40320 b

1association, a unit shall not include a garage unit or a
2storage unit.
3    (q) That a unit owner may not assign, delegate, transfer,
4surrender, or avoid the duties, responsibilities, and
5liabilities of a unit owner under this Act, the condominium
6instruments, or the rules and regulations of the Association;
7and that such an attempted assignment, delegation, transfer,
8surrender, or avoidance shall be deemed void.
9    The provisions of this Section are applicable to all
10condominium instruments recorded under this Act. Any portion of
11a condominium instrument which contains provisions contrary to
12these provisions shall be void as against public policy and
13ineffective. Any such instrument which fails to contain the
14provisions required by this Section shall be deemed to
15incorporate such provisions by operation of law.
16(Source: P.A. 98-1042, eff. 1-1-15; 99-472, eff. 6-1-16;
17revised 10-19-15.)
 
18    Section 610. The Illinois Human Rights Act is amended by
19changing Sections 2-104, 3-102, 3-105, 8-101, and 9-102 as
20follows:
 
21    (775 ILCS 5/2-104)  (from Ch. 68, par. 2-104)
22    Sec. 2-104. Exemptions.
23    (A) Nothing contained in this Act shall prohibit an
24employer, employment agency, or labor organization from:

 

 

HB5540 Engrossed- 1528 -LRB099 16003 AMC 40320 b

1        (1) Bona Fide Qualification. Hiring or selecting
2    between persons for bona fide occupational qualifications
3    or any reason except those civil-rights violations
4    specifically identified in this Article.
5        (2) Veterans. Giving preferential treatment to
6    veterans and their relatives as required by the laws or
7    regulations of the United States or this State or a unit of
8    local government, or pursuant to a private employer's
9    voluntary veterans' preference employment policy
10    authorized by the Veterans Preference in Private
11    Employment Act.
12        (3) Unfavorable Discharge From Military Service.
13            (a) Using unfavorable discharge from military
14        service as a valid employment criterion when
15        authorized by federal law or regulation or when a
16        position of employment involves the exercise of
17        fiduciary responsibilities as defined by rules and
18        regulations which the Department shall adopt; or
19            (b) Participating in a bona fide recruiting
20        incentive program, sponsored by a branch of the United
21        States Armed Forces, a reserve component of the United
22        States Armed Forces, or any National Guard or Naval
23        Militia, where participation in the program is limited
24        by the sponsoring branch based upon the service
25        member's discharge status.
26        (4) Ability Tests. Giving or acting upon the results of

 

 

HB5540 Engrossed- 1529 -LRB099 16003 AMC 40320 b

1    any professionally developed ability test provided that
2    such test, its administration, or action upon the results,
3    is not used as a subterfuge for or does not have the effect
4    of unlawful discrimination.
5        (5) Merit and Retirement Systems.
6            (a) Applying different standards of compensation,
7        or different terms, conditions or privileges of
8        employment pursuant to a merit or retirement system
9        provided that such system or its administration is not
10        used as a subterfuge for or does not have the effect of
11        unlawful discrimination.
12            (b) Effecting compulsory retirement of any
13        employee who has attained 65 years of age and who, for
14        the 2-year period immediately preceding retirement, is
15        employed in a bona fide executive or a high
16        policymaking position, if such employee is entitled to
17        an immediate nonforfeitable annual retirement benefit
18        from a pension, profit-sharing, savings, or deferred
19        compensation plan, or any combination of such plans of
20        the employer of such employee, which equals, in the
21        aggregate, at least $44,000. If any such retirement
22        benefit is in a form other than a straight life annuity
23        (with no ancillary benefits) or if the employees
24        contribute to any such plan or make rollover
25        contributions, the retirement benefit shall be
26        adjusted in accordance with regulations prescribed by

 

 

HB5540 Engrossed- 1530 -LRB099 16003 AMC 40320 b

1        the Department, so that the benefit is the equivalent
2        of a straight life annuity (with no ancillary benefits)
3        under a plan to which employees do not contribute and
4        under which no rollover contributions are made.
5            (c) Until January 1, 1994, effecting compulsory
6        retirement of any employee who has attained 70 years of
7        age, and who is serving under a contract of unlimited
8        tenure (or similar arrangement providing for unlimited
9        tenure) at an institution of higher education as
10        defined by Section 1201(a) of the Higher Education Act
11        of 1965.
12        (6) Training and Apprenticeship programs. Establishing
13    an educational requirement as a prerequisite to selection
14    for a training or apprenticeship program, provided such
15    requirement does not operate to discriminate on the basis
16    of any prohibited classification except age.
17        (7) Police and Firefighter/Paramedic Retirement.
18    Imposing a mandatory retirement age for
19    firefighters/paramedics or law enforcement officers and
20    discharging or retiring such individuals pursuant to the
21    mandatory retirement age if such action is taken pursuant
22    to a bona fide retirement plan provided that the law
23    enforcement officer or firefighter/paramedic has attained:
24            (a) the age of retirement in effect under
25        applicable State or local law on March 3, 1983; or
26            (b) if the applicable State or local law was

 

 

HB5540 Engrossed- 1531 -LRB099 16003 AMC 40320 b

1        enacted after the date of enactment of the federal Age
2        Discrimination in Employment Act Amendments of 1996
3        (P.L. 104-208), the age of retirement in effect on the
4        date of such discharge under such law.
5        This paragraph (7) shall not apply with respect to any
6    cause of action arising under the Illinois Human Rights Act
7    as in effect prior to the effective date of this amendatory
8    Act of 1997.
9        (8) Police and Firefighter/Paramedic Appointment.
10    Failing or refusing to hire any individual because of such
11    individual's age if such action is taken with respect to
12    the employment of an individual as a firefighter/paramedic
13    or as a law enforcement officer and the individual has
14    attained:
15            (a) the age of hiring or appointment in effect
16        under applicable State or local law on March 3, 1983;
17        or
18            (b) the age of hiring in effect on the date of such
19        failure or refusal to hire under applicable State or
20        local law enacted after the date of enactment of the
21        federal Age Discrimination in Employment Act
22        Amendments of 1996 (P.L. 104-208).
23        As used in paragraph (7) or (8):
24         "Firefighter/paramedic" means an employee, the duties
25    of whose position are primarily to perform work directly
26    connected with the control and extinguishment of fires or

 

 

HB5540 Engrossed- 1532 -LRB099 16003 AMC 40320 b

1    the maintenance and use of firefighting apparatus and
2    equipment, or to provide emergency medical services,
3    including an employee engaged in this activity who is
4    transferred to a supervisory or administrative position.
5         "Law enforcement officer" means an employee, the
6    duties of whose position are primarily the investigation,
7    apprehension, or detention of individuals suspected or
8    convicted of criminal offenses, including an employee
9    engaged in this activity who is transferred to a
10    supervisory or administrative position.
11        (9) Citizenship Status. Making legitimate distinctions
12    based on citizenship status if specifically authorized or
13    required by State or federal law.
14    (B) With respect to any employee who is subject to a
15collective bargaining agreement:
16        (a) which is in effect on June 30, 1986,
17        (b) which terminates after January 1, 1987,
18        (c) any provision of which was entered into by a labor
19    organization as defined by Section 6(d)(4) of the Fair
20    Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
21        (d) which contains any provision that would be
22    superseded by this amendatory Act of 1987 (Public Act
23    85-748),
24Public Act 85-748 such amendatory Act of 1987 shall not apply
25until the termination of such collective bargaining agreement
26or January 1, 1990, whichever occurs first.

 

 

HB5540 Engrossed- 1533 -LRB099 16003 AMC 40320 b

1    (C)(1) For purposes of this Act, the term "disability"
2shall not include any employee or applicant who is currently
3engaging in the illegal use of drugs, when an employer acts on
4the basis of such use.
5    (2) Paragraph (1) shall not apply where an employee or
6applicant for employment:
7        (a) has successfully completed a supervised drug
8    rehabilitation program and is no longer engaging in the
9    illegal use of drugs, or has otherwise been rehabilitated
10    successfully and is no longer engaging in such use;
11        (b) is participating in a supervised rehabilitation
12    program and is no longer engaging in such use; or
13        (c) is erroneously regarded as engaging in such use,
14    but is not engaging in such use.
15    It shall not be a violation of this Act for an employer to
16adopt or administer reasonable policies or procedures,
17including but not limited to drug testing, designed to ensure
18that an individual described in subparagraph (a) or (b) is no
19longer engaging in the illegal use of drugs.
20    (3) An employer:
21        (a) may prohibit the illegal use of drugs and the use
22    of alcohol at the workplace by all employees;
23        (b) may require that employees shall not be under the
24    influence of alcohol or be engaging in the illegal use of
25    drugs at the workplace;
26        (c) may require that employees behave in conformance

 

 

HB5540 Engrossed- 1534 -LRB099 16003 AMC 40320 b

1    with the requirements established under the federal
2    Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and
3    the Drug Free Workplace Act;
4        (d) may hold an employee who engages in the illegal use
5    of drugs or who is an alcoholic to the same qualification
6    standards for employment or job performance and behavior
7    that such employer holds other employees, even if any
8    unsatisfactory performance or behavior is related to the
9    drug use or alcoholism of such employee; and
10        (e) may, with respect to federal regulations regarding
11    alcohol and the illegal use of drugs, require that:
12            (i) employees comply with the standards
13        established in such regulations of the United States
14        Department of Defense, if the employees of the employer
15        are employed in an industry subject to such
16        regulations, including complying with regulations (if
17        any) that apply to employment in sensitive positions in
18        such an industry, in the case of employees of the
19        employer who are employed in such positions (as defined
20        in the regulations of the Department of Defense);
21            (ii) employees comply with the standards
22        established in such regulations of the Nuclear
23        Regulatory Commission, if the employees of the
24        employer are employed in an industry subject to such
25        regulations, including complying with regulations (if
26        any) that apply to employment in sensitive positions in

 

 

HB5540 Engrossed- 1535 -LRB099 16003 AMC 40320 b

1        such an industry, in the case of employees of the
2        employer who are employed in such positions (as defined
3        in the regulations of the Nuclear Regulatory
4        Commission); and
5            (iii) employees comply with the standards
6        established in such regulations of the United States
7        Department of Transportation, if the employees of the
8        employer are employed in a transportation industry
9        subject to such regulations, including complying with
10        such regulations (if any) that apply to employment in
11        sensitive positions in such an industry, in the case of
12        employees of the employer who are employed in such
13        positions (as defined in the regulations of the United
14        States Department of Transportation).
15    (4) For purposes of this Act, a test to determine the
16illegal use of drugs shall not be considered a medical
17examination. Nothing in this Act shall be construed to
18encourage, prohibit, or authorize the conducting of drug
19testing for the illegal use of drugs by job applicants or
20employees or making employment decisions based on such test
21results.
22    (5) Nothing in this Act shall be construed to encourage,
23prohibit, restrict, or authorize the otherwise lawful exercise
24by an employer subject to the jurisdiction of the United States
25Department of Transportation of authority to:
26        (a) test employees of such employer in, and applicants

 

 

HB5540 Engrossed- 1536 -LRB099 16003 AMC 40320 b

1    for, positions involving safety-sensitive duties for the
2    illegal use of drugs and for on-duty impairment by alcohol;
3    and
4        (b) remove such persons who test positive for illegal
5    use of drugs and on-duty impairment by alcohol pursuant to
6    subparagraph (a) from safety-sensitive duties in
7    implementing paragraph (3).
8(Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15;
9revised 10-29-15.)
 
10    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
11    Sec. 3-102. Civil Rights Violations; Real Estate
12Transactions. ) It is a civil rights violation for an owner or
13any other person engaging in a real estate transaction, or for
14a real estate broker or salesman, because of unlawful
15discrimination or familial status, to
16        (A) Transaction. Refuse to engage in a real estate
17    transaction with a person or to discriminate in making
18    available such a transaction;
19        (B) Terms. Alter the terms, conditions or privileges of
20    a real estate transaction or in the furnishing of
21    facilities or services in connection therewith;
22        (C) Offer. Refuse to receive or to fail to transmit a
23    bona fide offer to engage in a real estate transaction from
24    a person;
25        (D) Negotiation. Refuse to negotiate for a real estate

 

 

HB5540 Engrossed- 1537 -LRB099 16003 AMC 40320 b

1    transaction with a person;
2        (E) Representations. Represent to a person that real
3    property is not available for inspection, sale, rental, or
4    lease when in fact it is so available, or to fail to bring
5    a property listing to his or her attention, or to refuse to
6    permit him or her to inspect real property;
7        (F) Publication of Intent. Make, print, circulate,
8    post, mail, publish or cause to be made, printed,
9    circulated, posted, mailed, or published any notice,
10    statement, advertisement or sign, or use a form of
11    application for a real estate transaction, or make a record
12    or inquiry in connection with a prospective real estate
13    transaction, that indicates any preference, limitation, or
14    discrimination based on unlawful discrimination or
15    unlawful discrimination based on familial status, or an
16    intention to make any such preference, limitation, or
17    discrimination;
18        (G) Listings. Offer, solicit, accept, use or retain a
19    listing of real property with knowledge that unlawful
20    discrimination or discrimination on the basis of familial
21    status in a real estate transaction is intended.
22(Source: P.A. 99-196, eff. 7-30-15; revised 10-20-15.)
 
23    (775 ILCS 5/3-105)  (from Ch. 68, par. 3-105)
24    Sec. 3-105. Restrictive Covenants.)
25    (A) Agreements. Every provision in an oral agreement or a

 

 

HB5540 Engrossed- 1538 -LRB099 16003 AMC 40320 b

1written instrument relating to real property which purports to
2forbid or restrict the conveyance, encumbrance, occupancy, or
3lease thereof on the basis of race, color, religion, or
4national origin is void.
5    (B) Limitations. (1) Every condition, restriction or
6prohibition, including a right of entry or possibility of
7reverter, which directly or indirectly limits the use or
8occupancy of real property on the basis of race, color,
9religion, or national origin is void.
10    (2) This Section shall not apply to a limitation of use on
11the basis of religion of real property held by a religious
12institution or organization or by a religious or charitable
13organization operated, supervised, or controlled by a
14religious institution or organization, and used for religious
15or charitable purposes.
16    (C) Civil Rights Violations. It is a civil rights violation
17to insert in a written instrument relating to real property a
18provision that is void under this Section or to honor or
19attempt to honor such a provision in the chain of title.
20(Source: P.A. 81-1216; revised 10-21-15.)
 
21    (775 ILCS 5/8-101)  (from Ch. 68, par. 8-101)
22    Sec. 8-101. Illinois Human Rights Commission. )
23    (A) Creation; appointments. The Human Rights Commission is
24created to consist of 13 members appointed by the Governor with
25the advice and consent of the Senate. No more than 7 members

 

 

HB5540 Engrossed- 1539 -LRB099 16003 AMC 40320 b

1shall be of the same political party. The Governor shall
2designate one member as chairperson. All appointments shall be
3in writing and filed with the Secretary of State as a public
4record.
5    (B) Terms. Of the members first appointed, 4 shall be
6appointed for a term to expire on the third Monday of January,
71981, and 5 (including the Chairperson) shall be appointed for
8a term to expire on the third Monday of January, 1983.
9    Notwithstanding any provision of this Section to the
10contrary, the term of office of each member of the Illinois
11Human Rights Commission is abolished on July 29, 1985, but the
12incumbent members shall continue to exercise all of the powers
13and be subject to all of the duties of members of the
14Commission until their respective successors are appointed and
15qualified. Subject to the provisions of subsection (A), of the
169 members appointed under Public Act 84-115, effective July 29,
171985, 5 members shall be appointed for terms to expire on the
18third Monday of January, 1987, and 4 members shall be appointed
19for terms to expire on the third Monday of January, 1989; and
20of the 4 additional members appointed under Public Act 84-1084,
21effective December 2, 1985, two shall be appointed for a term
22to expire on the third Monday of January, 1987, and two members
23shall be appointed for a term to expire on the third Monday of
24January, 1989.
25    Thereafter, each member shall serve for a term of 4 years
26and until his or her successor is appointed and qualified;

 

 

HB5540 Engrossed- 1540 -LRB099 16003 AMC 40320 b

1except that any member chosen to fill a vacancy occurring
2otherwise than by expiration of a term shall be appointed only
3for the unexpired term of the member whom he or she shall
4succeed and until his or her successor is appointed and
5qualified.
6    (C) Vacancies.
7        (1) In the case of vacancies on the Commission during a
8    recess of the Senate, the Governor shall make a temporary
9    appointment until the next meeting of the Senate when he or
10    she shall appoint a person to fill the vacancy. Any person
11    so nominated and confirmed by the Senate shall hold office
12    for the remainder of the term and until his or her
13    successor is appointed and qualified.
14        (2) If the Senate is not in session at the time this
15    Act takes effect, the Governor shall make temporary
16    appointments to the Commission as in the case of vacancies.
17        (3) Vacancies in the Commission shall not impair the
18    right of the remaining members to exercise all the powers
19    of the Commission. Except when authorized by this Act to
20    proceed through a 3 member panel, a majority of the members
21    of the Commission then in office shall constitute a quorum.
22    (D) Compensation. The Chairperson of the Commission shall
23be compensated at the rate of $22,500 per year, or as set by
24the Compensation Review Board, whichever is greater, during his
25or her service as Chairperson, and each other member shall be
26compensated at the rate of $20,000 per year, or as set by the

 

 

HB5540 Engrossed- 1541 -LRB099 16003 AMC 40320 b

1Compensation Review Board, whichever is greater. In addition,
2all members of the Commission shall be reimbursed for expenses
3actually and necessarily incurred by them in the performance of
4their duties.
5(Source: P.A. 84-1308; revised 10-20-15.)
 
6    (775 ILCS 5/9-102)  (from Ch. 68, par. 9-102)
7    Sec. 9-102. Pending Matters. )
8    (A) Charges; Complaints; Causes of Action. This Act shall
9not affect or abate any cause of action, charge, complaint or
10other matter pending before or accrued under the jurisdiction
11of the Fair Employment Practices Commission or the Department
12of Equal Employment Opportunity. Each charge, complaint, or
13matter shall be assumed by the Department or Commission, as
14provided in this Act, at the same stage, or a parallel stage,
15of proceeding to which it had progressed prior to the effective
16date of this Act.
17    (B) Special Cases. The Human Rights Act shall not in any
18way affect or abate any right, claim or cause of action under
19the "Equal Opportunities for the Handicapped Act", approved
20August 23, 1971, as amended, which accrued or arose prior to
21July 1, 1980.
22(Source: P.A. 84-1084; revised 10-19-15.)
 
23    Section 615. The General Not For Profit Corporation Act of
241986 is amended by changing Section 113.50 as follows:
 

 

 

HB5540 Engrossed- 1542 -LRB099 16003 AMC 40320 b

1    (805 ILCS 105/113.50)  (from Ch. 32, par. 113.50)
2    Sec. 113.50. Grounds for revocation of authority.
3    (a) The authority of a foreign corporation to conduct
4affairs in this State may be revoked by the Secretary of State:
5        (1) Upon the failure of an officer or director to whom
6    interrogatories have been propounded by the Secretary of
7    State, as provided in this Act, to answer the same fully
8    and to file such answer in the office of the Secretary of
9    State;
10        (2) If the authority of the corporation was procured
11    through fraud practiced upon the State;
12        (3) If the corporation has continued to exceed or abuse
13    the authority conferred upon it by this Act;
14        (4) Upon the failure of the corporation to keep on file
15    in the office of the Secretary of State duly authenticated
16    copies of each amendment to its articles of or
17    incorporation;
18        (5) Upon the failure of the corporation to appoint and
19    maintain a registered agent in this State;
20        (6) Upon the failure of the corporation to file any
21    report after the period prescribed by this Act for the
22    filing of such report;
23        (7) Upon the failure of the corporation to pay any fees
24    or charges prescribed by this Act;
25        (8) For misrepresentation of any material matter in any

 

 

HB5540 Engrossed- 1543 -LRB099 16003 AMC 40320 b

1    application, report, affidavit, or other document filed by
2    such corporation pursuant to this Act;
3        (9) Upon the failure of the corporation to renew its
4    assumed name or to apply to change its assumed name
5    pursuant to the provisions of this Act, when the
6    corporation can only conduct affairs within this State
7    under its assumed name in accordance with the provisions of
8    Section 104.05 of this Act;
9        (10) Upon notification from the local liquor
10    commissioner, pursuant to Section 4-4(3) of the "The Liquor
11    Control Act of 1934," as now or hereafter amended, that a
12    foreign corporation functioning as a club in this State has
13    violated that Act by selling or offering for sale at retail
14    alcoholic liquors without a retailer's license; or
15        (11) When, in an action by the Attorney General, under
16    the provisions of the "Consumer Fraud and Deceptive
17    Business Practices Act, the Solicitation for Charity Act ",
18    or "An Act to regulate solicitation and collection of funds
19    for charitable purposes, providing for violations thereof,
20    and making an appropriation therefor", approved July 26,
21    1963, as amended, or the "Charitable Trust Act", a court
22    has found that the corporation substantially and willfully
23    violated any of such Acts.
24    (b) The enumeration of grounds for revocation in paragraphs
25(1) through (11) of subsection (a) shall not preclude any
26action by the Attorney General which is authorized by any other

 

 

HB5540 Engrossed- 1544 -LRB099 16003 AMC 40320 b

1statute of the State of Illinois or the common law.
2(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03; revised
310-20-15.)
 
4    Section 620. The High Risk Home Loan Act is amended by
5changing Section 10 as follows:
 
6    (815 ILCS 137/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Approved credit counselor" means a credit counselor
9approved by the Director of Financial Institutions.
10    "Bona fide discount points" means loan discount points that
11are knowingly paid by the consumer for the purpose of reducing,
12and that in fact result in a bona fide reduction of, the
13interest rate or time price differential applicable to the
14mortgage.
15    "Borrower" means a natural person who seeks or obtains a
16high risk home loan.
17    "Commissioner" means the Commissioner of the Office of
18Banks and Real Estate.
19    "Department" means the Department of Financial
20Institutions.
21    "Director" means the Director of Financial Institutions.
22    "Good faith" means honesty in fact in the conduct or
23transaction concerned.
24    "High risk home loan" means a consumer credit transaction,

 

 

HB5540 Engrossed- 1545 -LRB099 16003 AMC 40320 b

1other than a reverse mortgage, that is secured by the
2consumer's principal dwelling if: (i) at the time of
3origination, the annual percentage rate exceeds by more than 6
4percentage points in the case of a first lien mortgage, or by
5more than 8 percentage points in the case of a junior mortgage,
6the average prime offer rate, as defined in Section
7129C(b)(2)(B) of the federal Truth in Lending Act, for a
8comparable transaction as of the date on which the interest
9rate for the transaction is set, or if the dwelling is personal
10property, then as provided under 15 U.S.C. 1602(bb), as
11amended, and any corresponding regulation, as amended, (ii) the
12loan documents permit the creditor to charge or collect
13prepayment fees or penalties more than 36 months after the
14transaction closing or such fees exceed, in the aggregate, more
15than 2% of the amount prepaid, or (iii) the total points and
16fees payable in connection with the transaction, other than
17bona fide third-party charges not retained by the mortgage
18originator, creditor, or an affiliate of the mortgage
19originator or creditor, will exceed (1) 5% of the total loan
20amount in the case of a transaction for $20,000 (or such other
21dollar amount as prescribed by federal regulation pursuant to
22the federal Dodd-Frank Act) or more or (2) the lesser of 8% of
23the total loan amount or $1,000 (or such other dollar amount as
24prescribed by federal regulation pursuant to the federal
25Dodd-Frank Act) in the case of a transaction for less than
26$20,000 (or such other dollar amount as prescribed by federal

 

 

HB5540 Engrossed- 1546 -LRB099 16003 AMC 40320 b

1regulation pursuant to the federal Dodd-Frank Act), except
2that, with respect to all transactions, bona fide loan discount
3points may be excluded as provided for in Section 35 of this
4Act. "High risk home loan" does not include a loan that is made
5primarily for a business purpose unrelated to the residential
6real property securing the loan or a consumer credit
7transaction made by a natural person who provides seller
8financing secured by a principal residence no more than 3 times
9in a 12-month period, provided such consumer credit transaction
10is not made by a person that has constructed or acted as a
11contractor for the construction of the residence in the
12ordinary course of business of such person.
13    "Lender" means a natural or artificial person who
14transfers, deals in, offers, or makes a high risk home loan.
15"Lender" includes, but is not limited to, creditors and brokers
16who transfer, deal in, offer, or make high risk home loans.
17"Lender" does not include purchasers, assignees, or subsequent
18holders of high risk home loans.
19    "Office" means the Office of Banks and Real Estate.
20    "Points and fees" means all items considered to be points
21and fees under 12 CFR 226.32 (2000, or as initially amended
22pursuant to Section 1431 of the federal Dodd-Frank Act with no
23subsequent amendments or editions included, whichever is
24later); compensation paid directly or indirectly by a consumer
25or creditor to a mortgage broker from any source, including a
26broker that originates a loan in its own name in a table-funded

 

 

HB5540 Engrossed- 1547 -LRB099 16003 AMC 40320 b

1transaction, not otherwise included in 12 CFR 226.4; the
2maximum prepayment fees and penalties that may be charged or
3collected under the terms of the credit transaction; all
4prepayment fees or penalties that are incurred by the consumer
5if the loan refinances a previous loan made or currently held
6by the same creditor or an affiliate of the creditor; and
7premiums or other charges payable at or before closing or
8financed directly or indirectly into the loan for any credit
9life, credit disability, credit unemployment, credit property,
10other accident, loss of income, life, or health insurance or
11payments directly or indirectly for any debt cancellation or
12suspension agreement or contract, except that insurance
13premiums or debt cancellation or suspension fees calculated and
14paid in full on a monthly basis shall not be considered
15financed by the creditor. "Points and fees" does not include
16any insurance premium provided by an agency of the federal
17government or an agency of a state; any insurance premium paid
18by the consumer after closing; and any amount of a premium,
19charge, or fee that is not in excess of the amount payable
20under policies in effect at the time of origination under
21Section 203(c)(2)(A) of the National Housing Act (12 U.S.C.
221709(c)(2)(A)), provided that the premium, charge, or fee is
23required to be refundable on a pro-rated basis and the refund
24is automatically issued upon notification of the satisfaction
25of the underlying mortgage loan.
26    "Prepayment penalty" and "prepayment fees or penalties"

 

 

HB5540 Engrossed- 1548 -LRB099 16003 AMC 40320 b

1mean: (i) for a closed-end credit transaction, a charge imposed
2for paying all or part of the transaction's principal before
3the date on which the principal is due, other than a waived,
4bona fide third-party charge that the creditor imposes if the
5consumer prepays all of the transactions's principal sooner
6than 36 months after consummation and (ii) for an open-end
7credit plan, a charge imposed by the creditor if the consumer
8terminates the open-end credit plan prior to the end of its
9term, other than a waived, bona fide third-party charge that
10the creditor imposes if the consumer terminates the open-end
11credit plan sooner than 36 months after account opening.
12    "Reasonable" means fair, proper, just, or prudent under the
13circumstances.
14    "Servicer" means any entity chartered under the Illinois
15Banking Act, the Savings Bank Act, the Illinois Credit Union
16Act, or the Illinois Savings and Loan Act of 1985 and any
17person or entity licensed under the Residential Mortgage
18License Act of 1987, the Consumer Installment Loan Act, or the
19Sales Finance Agency Act who is responsible for the collection
20or remittance for, or has the right or obligation to collect or
21remit for, any lender, note owner, or note holder or for a
22licensee's own account, of payments, interest, principal, and
23trust items (such as hazard insurance and taxes on a
24residential mortgage loan) in accordance with the terms of the
25residential mortgage loan, including loan payment follow-up,
26delinquency loan follow-up, loan analysis, and any

 

 

HB5540 Engrossed- 1549 -LRB099 16003 AMC 40320 b

1notifications to the borrower that are necessary to enable the
2borrower to keep the loan current and in good standing.
3    "Total loan amount" has the same meaning as that term is
4given in 12 CFR 226.32 and shall be calculated in accordance
5with the Federal Reserve Board's Official Staff Commentary to
6that regulation.
7(Source: P.A. 99-150, eff. 7-28-15; 99-288, eff. 8-5-15;
8revised 10-19-15.)
 
9    Section 625. The Motor Fuel Sales Act is amended by
10changing Section 2 as follows:
 
11    (815 ILCS 365/2)  (from Ch. 121 1/2, par. 1502)
12    Sec. 2. Assistance at stations with self-service and
13full-service islands.
14    (a) Any attendant on duty at a gasoline station or service
15station offering to the public retail sales of motor fuel at
16both self-service and full-service islands shall, upon
17request, dispense motor fuel for the driver of a car which is
18parked at a self-service island and displays: (1) registration
19plates issued to a person with a physical disability pursuant
20to Section 3-616 of the Illinois Vehicle Code; (2) registration
21plates issued to a veteran with a disability pursuant to
22Section 3-609 or 3-609.01 of such Code; or (3) a special decal
23or device issued pursuant to Section 11-1301.2 of such Code;
24and shall only charge such driver prices as offered to the

 

 

HB5540 Engrossed- 1550 -LRB099 16003 AMC 40320 b

1general public for motor fuel dispensed at the self-service
2island. However, such attendant shall not be required to
3perform other services which are offered at the full-service
4island.
5    (b) Gasoline stations and service stations in this State
6are subject to the federal Americans with Disabilities Act and
7must:
8        (1) provide refueling assistance upon the request of an
9    individual with a disability (A gasoline station or service
10    station is not required to provide such service at any time
11    that it is operating on a remote control basis with a
12    single employee on duty at the motor fuel site, but is
13    encouraged to do so, if feasible.);
14        (2) by January 1, 2014, provide and display at least
15    one ADA compliant motor fuel dispenser with a direct
16    telephone number to the station that allows an operator of
17    a motor vehicle who has a disability to request refueling
18    assistance, with the telephone number posted in close
19    proximity to the International Symbol of Accessibility
20    required by the federal Americans with Disabilities Act,
21    however, if the station does not have at least one ADA
22    compliant motor fuel dispenser, the station must display on
23    at least one motor fuel dispenser a direct telephone number
24    to the station that allows an operator of a motor vehicle
25    who has a disability to request refueling assistance; and
26        (3) provide the refueling assistance without any

 

 

HB5540 Engrossed- 1551 -LRB099 16003 AMC 40320 b

1    charge beyond the self-serve price.
2    (c) The signage required under paragraph (2) of subsection
3(b) shall be designated by the station owner and shall be
4posted in a prominently visible place. The sign shall be
5clearly visible to customers.
6    (d) The Secretary of State shall provide to persons with
7disabilities information regarding the availability of
8refueling assistance under this Section by the following
9methods:
10        (1) by posting information about that availability on
11    the Secretary of State's Internet website, along with a
12    link to the Department of Human Services website; and
13        (2) by publishing a brochure containing information
14    about that availability, which shall be made available at
15    all Secretary of State offices throughout the State.
16    (d-5) On its Internet website, the Department of
17Agriculture shall maintain a list of gasoline and service
18stations that are required to report to the Department of
19Agriculture's Bureau of Weights and Measures. The list shall
20include the addresses and telephone numbers of the gasoline and
21service stations. The Department of Agriculture shall provide
22the Department of Human Services with a link to this website
23information.
24    (e) The Department of Human Services shall post on its
25Internet website information regarding the availability of
26refueling assistance for persons with disabilities and the link

 

 

HB5540 Engrossed- 1552 -LRB099 16003 AMC 40320 b

1to the list of gasoline and service stations provided by the
2Department of Agriculture.
3    (f) A person commits a Class C misdemeanor if he or she
4telephones a gasoline station or service station to request
5refueling assistance and he or she:
6        (1) is not actually physically present at the gasoline
7    or service station; or
8        (2) is physically present at the gasoline or service
9    station but does not actually require refueling
10    assistance.
11    (g) The Department of Transportation shall work in
12cooperation with appropriate representatives of gasoline and
13service station trade associations and the petroleum industry
14to increase the signage at gasoline and service stations on
15interstate highways in this State with regard to the
16availability of refueling assistance for persons with
17disabilities.
18    (h) If an owner of a gas station or service station is
19found by the Illinois Department of Agriculture, Bureau of
20Weights and Measures, to be in violation of this Act, the owner
21shall pay an administrative fine of $250. Any moneys collected
22by the Department shall be deposited into the Motor Fuel and
23Petroleum Standards Fund. The Department of Agriculture shall
24have the same authority and powers as provided for in the Motor
25Fuel and Petroleum Standards Act in enforcing this Act.
26(Source: P.A. 99-44, eff. 1-1-16; 99-143, eff. 7-27-15; revised

 

 

HB5540 Engrossed- 1553 -LRB099 16003 AMC 40320 b

110-21-15.)
 
2    Section 630. The Used Lubricant Act is amended by changing
3Section 2 as follows:
 
4    (815 ILCS 435/2)  (from Ch. 96 1/2, par. 5802)
5    Sec. 2. Any person dealing in previously used or previously
6used and reclaimed, re-refined, recleaned, or reconditioned
7lubricating oils, lubricants or mixtures of lubricants without
8having each and every container or item of equipment in or
9through which any of such products are sold, kept for sale,
10displayed or dispensed plainly labeled as required in this Act,
11or advertising any of such products for sale without inserting
12in such advertising a statement as required in this Act may
13upon proper hearing be enjoined from selling any of such
14products or offering, displaying or advertising any of the same
15for sale. Action for such injunction may be brought in the
16circuit court in the county in which the defendant resides, and
17may be brought either by the Attorney General of this State
18state or by the State's States Attorney in and for such county.
19The authority granted by this Section shall be in addition to
20and not in lieu of authority to prosecute criminally any person
21for a violation of this Act. The granting or enforcing of any
22injunction under this Act is a preventive measure for the
23protection of the people of this State state, not a punitive
24measure, and the fact that a person has been charged or

 

 

HB5540 Engrossed- 1554 -LRB099 16003 AMC 40320 b

1convicted of a violation of this Act shall not prevent the
2ordering of an injunction to prevent further unlawful dealing
3in previously used or previously used and reclaimed,
4re-refined, recleaned or reconditioned lubricating oils,
5lubricants or mixtures of lubricants, nor shall the fact that
6an injunction has been granted under this Act preclude the
7institution of criminal prosecution or punishment. Upon
8promulgation of labeling standards applicable to recycled oil
9by the Federal Trade Commission as prescribed pursuant to Title
10V, Section 383 of the federal "Energy Policy and Conservation
11Act (P.L. " (P.A. 94-163) the provisions of this Section shall
12no longer be in effect.
13(Source: P.A. 83-346; revised 10-21-15.)
 
14    Section 635. The Consumer Fraud and Deceptive Business
15Practices Act is amended by changing Sections 2Z and 2MM as
16follows:
 
17    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
18    Sec. 2Z. Violations of other Acts. Any person who knowingly
19violates the Automotive Repair Act, the Automotive Collision
20Repair Act, the Home Repair and Remodeling Act, the Dance
21Studio Act, the Physical Fitness Services Act, the Hearing
22Instrument Consumer Protection Act, the Illinois Union Label
23Act, the Job Referral and Job Listing Services Consumer
24Protection Act, the Travel Promotion Consumer Protection Act,

 

 

HB5540 Engrossed- 1555 -LRB099 16003 AMC 40320 b

1the Credit Services Organizations Act, the Automatic Telephone
2Dialers Act, the Pay-Per-Call Services Consumer Protection
3Act, the Telephone Solicitations Act, the Illinois Funeral or
4Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
5Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
6Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
7the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
83-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
93-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
10Internet Caller Identification Act, paragraph (6) of
11subsection (k) of Section 6-305 of the Illinois Vehicle Code,
12Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
13or 18d-153 of the Illinois Vehicle Code, Article 3 of the
14Residential Real Property Disclosure Act, the Automatic
15Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
16the Youth Mental Health Protection Act, or the Personal
17Information Protection Act commits an unlawful practice within
18the meaning of this Act.
19(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; revised
2010-21-15.)
 
21    (815 ILCS 505/2MM)
22    Sec. 2MM. Verification of accuracy of consumer reporting
23information used to extend consumers credit and security freeze
24on credit reports.
25    (a) A credit card issuer who mails an offer or solicitation

 

 

HB5540 Engrossed- 1556 -LRB099 16003 AMC 40320 b

1to apply for a credit card and who receives a completed
2application in response to the offer or solicitation which
3lists an address that is not substantially the same as the
4address on the offer or solicitation may not issue a credit
5card based on that application until reasonable steps have been
6taken to verify the applicant's change of address.
7    (b) Any person who uses a consumer credit report in
8connection with the approval of credit based on the application
9for an extension of credit, and who has received notification
10of a police report filed with a consumer reporting agency that
11the applicant has been a victim of financial identity theft, as
12defined in Section 16-30 or 16G-15 of the Criminal Code of 1961
13or the Criminal Code of 2012, may not lend money or extend
14credit without taking reasonable steps to verify the consumer's
15identity and confirm that the application for an extension of
16credit is not the result of financial identity theft.
17    (c) A consumer may request that a security freeze be placed
18on his or her credit report by sending a request in writing by
19certified mail to a consumer reporting agency at an address
20designated by the consumer reporting agency to receive such
21requests.
22    The following persons may request that a security freeze be
23placed on the credit report of a person with a disability:
24        (1) a guardian of the person with a disability who that
25    is the subject of the request, appointed under Article XIa
26    of the Probate Act of 1975; and

 

 

HB5540 Engrossed- 1557 -LRB099 16003 AMC 40320 b

1        (2) an agent of the person with a disability who that
2    is the subject of the request, under a written durable
3    power of attorney that complies with the Illinois Power of
4    Attorney Act.
5     The following persons may request that a security freeze
6be placed on the credit report of a minor:
7        (1) a guardian of the minor who that is the subject of
8    the request, appointed under Article XI of the Probate Act
9    of 1975;
10        (2) a parent of the minor who that is the subject of
11    the request; and
12        (3) a guardian appointed under the Juvenile Court Act
13    of 1987 for a minor under the age of 18 who is the subject
14    of the request or, with a court order authorizing the
15    guardian consent power, for a youth who is the subject of
16    the request who has attained the age of 18, but who is
17    under the age of 21.
18    This subsection (c) does not prevent a consumer reporting
19agency from advising a third party that a security freeze is in
20effect with respect to the consumer's credit report.
21    (d) A consumer reporting agency shall place a security
22freeze on a consumer's credit report no later than 5 business
23days after receiving a written request from the consumer:
24        (1) a written request described in subsection (c);
25        (2) proper identification; and
26        (3) payment of a fee, if applicable.

 

 

HB5540 Engrossed- 1558 -LRB099 16003 AMC 40320 b

1    (e) Upon placing the security freeze on the consumer's
2credit report, the consumer reporting agency shall send to the
3consumer within 10 business days a written confirmation of the
4placement of the security freeze and a unique personal
5identification number or password or similar device, other than
6the consumer's Social Security number, to be used by the
7consumer when providing authorization for the release of his or
8her credit report for a specific party or period of time.
9    (f) If the consumer wishes to allow his or her credit
10report to be accessed for a specific party or period of time
11while a freeze is in place, he or she shall contact the
12consumer reporting agency using a point of contact designated
13by the consumer reporting agency, request that the freeze be
14temporarily lifted, and provide the following:
15        (1) Proper identification;
16        (2) The unique personal identification number or
17    password or similar device provided by the consumer
18    reporting agency;
19        (3) The proper information regarding the third party or
20    time period for which the report shall be available to
21    users of the credit report; and
22        (4) A fee, if applicable.
23    A security freeze for a minor may not be temporarily
24lifted. This Section does not require a consumer reporting
25agency to provide to a minor or a parent or guardian of a minor
26on behalf of the minor a unique personal identification number,

 

 

HB5540 Engrossed- 1559 -LRB099 16003 AMC 40320 b

1password, or similar device provided by the consumer reporting
2agency for the minor, or parent or guardian of the minor, to
3use to authorize the consumer reporting agency to release
4information from a minor.
5    (g) A consumer reporting agency shall develop a contact
6method to receive and process a request from a consumer to
7temporarily lift a freeze on a credit report pursuant to
8subsection (f) in an expedited manner.
9    A contact method under this subsection shall include: (i) a
10postal address; and (ii) an electronic contact method chosen by
11the consumer reporting agency, which may include the use of
12telephone, fax, Internet, or other electronic means.
13    (h) A consumer reporting agency that receives a request
14from a consumer to temporarily lift a freeze on a credit report
15pursuant to subsection (f), shall comply with the request no
16later than 3 business days after receiving the request.
17    (i) A consumer reporting agency shall remove or temporarily
18lift a freeze placed on a consumer's credit report only in the
19following cases:
20        (1) upon consumer request, pursuant to subsection (f)
21    or subsection (l) of this Section; or
22        (2) if the consumer's credit report was frozen due to a
23    material misrepresentation of fact by the consumer.
24    If a consumer reporting agency intends to remove a freeze
25upon a consumer's credit report pursuant to this subsection,
26the consumer reporting agency shall notify the consumer in

 

 

HB5540 Engrossed- 1560 -LRB099 16003 AMC 40320 b

1writing prior to removing the freeze on the consumer's credit
2report.
3    (j) If a third party requests access to a credit report on
4which a security freeze is in effect, and this request is in
5connection with an application for credit or any other use, and
6the consumer does not allow his or her credit report to be
7accessed for that specific party or period of time, the third
8party may treat the application as incomplete.
9    (k) If a consumer requests a security freeze, the credit
10reporting agency shall disclose to the consumer the process of
11placing and temporarily lifting a security freeze, and the
12process for allowing access to information from the consumer's
13credit report for a specific party or period of time while the
14freeze is in place.
15    (l) A security freeze shall remain in place until the
16consumer or person authorized under subsection (c) to act on
17behalf of the minor or person with a disability who that is the
18subject of the security freeze requests, using a point of
19contact designated by the consumer reporting agency, that the
20security freeze be removed. A credit reporting agency shall
21remove a security freeze within 3 business days of receiving a
22request for removal from the consumer, who provides:
23        (1) Proper identification;
24        (2) The unique personal identification number or
25    password or similar device provided by the consumer
26    reporting agency; and

 

 

HB5540 Engrossed- 1561 -LRB099 16003 AMC 40320 b

1        (3) A fee, if applicable.
2    (m) A consumer reporting agency shall require proper
3identification of the person making a request to place or
4remove a security freeze and may require proper identification
5and proper authority from the person making the request to
6place or remove a freeze on behalf of the person with a
7disability or minor.
8    (n) The provisions of subsections (c) through (m) of this
9Section do not apply to the use of a consumer credit report by
10any of the following:
11        (1) A person or entity, or a subsidiary, affiliate, or
12    agent of that person or entity, or an assignee of a
13    financial obligation owing by the consumer to that person
14    or entity, or a prospective assignee of a financial
15    obligation owing by the consumer to that person or entity
16    in conjunction with the proposed purchase of the financial
17    obligation, with which the consumer has or had prior to
18    assignment an account or contract, including a demand
19    deposit account, or to whom the consumer issued a
20    negotiable instrument, for the purposes of reviewing the
21    account or collecting the financial obligation owing for
22    the account, contract, or negotiable instrument. For
23    purposes of this subsection, "reviewing the account"
24    includes activities related to account maintenance,
25    monitoring, credit line increases, and account upgrades
26    and enhancements.

 

 

HB5540 Engrossed- 1562 -LRB099 16003 AMC 40320 b

1        (2) A subsidiary, affiliate, agent, assignee, or
2    prospective assignee of a person to whom access has been
3    granted under subsection (f) of this Section for purposes
4    of facilitating the extension of credit or other
5    permissible use.
6        (3) Any state or local agency, law enforcement agency,
7    trial court, or private collection agency acting pursuant
8    to a court order, warrant, or subpoena.
9        (4) A child support agency acting pursuant to Title
10    IV-D of the Social Security Act.
11        (5) The State or its agents or assigns acting to
12    investigate fraud.
13        (6) The Department of Revenue or its agents or assigns
14    acting to investigate or collect delinquent taxes or unpaid
15    court orders or to fulfill any of its other statutory
16    responsibilities.
17        (7) The use of credit information for the purposes of
18    prescreening as provided for by the federal Fair Credit
19    Reporting Act.
20        (8) Any person or entity administering a credit file
21    monitoring subscription or similar service to which the
22    consumer has subscribed.
23        (9) Any person or entity for the purpose of providing a
24    consumer with a copy of his or her credit report or score
25    upon the consumer's request.
26        (10) Any person using the information in connection

 

 

HB5540 Engrossed- 1563 -LRB099 16003 AMC 40320 b

1    with the underwriting of insurance.
2    (n-5) This Section does not prevent a consumer reporting
3agency from charging a fee of no more than $10 to a consumer
4for each freeze, removal, or temporary lift of the freeze,
5regarding access to a consumer credit report, except that a
6consumer reporting agency may not charge a fee to: (i) a
7consumer 65 years of age or over for placement and removal of a
8freeze; (ii) a victim of identity theft who has submitted to
9the consumer reporting agency a valid copy of a police report,
10investigative report, or complaint that the consumer has filed
11with a law enforcement agency about unlawful use of his or her
12personal information by another person; or (iii) an active duty
13military service member who has submitted to the consumer
14reporting agency a copy of his or her orders calling the
15service member to military service and any orders further
16extending the service member's period of service if currently
17active.
18    (o) If a security freeze is in place, a consumer reporting
19agency shall not change any of the following official
20information in a credit report without sending a written
21confirmation of the change to the consumer within 30 days of
22the change being posted to the consumer's file: (i) name, (ii)
23date of birth, (iii) Social Security number, and (iv) address.
24Written confirmation is not required for technical
25modifications of a consumer's official information, including
26name and street abbreviations, complete spellings, or

 

 

HB5540 Engrossed- 1564 -LRB099 16003 AMC 40320 b

1transposition of numbers or letters. In the case of an address
2change, the written confirmation shall be sent to both the new
3address and to the former address.
4    (p) The following entities are not required to place a
5security freeze in a consumer report, however, pursuant to
6paragraph (3) of this subsection, a consumer reporting agency
7acting as a reseller shall honor any security freeze placed on
8a consumer credit report by another consumer reporting agency:
9        (1) A check services or fraud prevention services
10    company, which issues reports on incidents of fraud or
11    authorizations for the purpose of approving or processing
12    negotiable instruments, electronic funds transfers, or
13    similar methods of payment.
14        (2) A deposit account information service company,
15    which issues reports regarding account closures due to
16    fraud, substantial overdrafts, ATM abuse, or similar
17    negative information regarding a consumer to inquiring
18    banks or other financial institutions for use only in
19    reviewing a consumer request for a deposit account at the
20    inquiring bank or financial institution.
21        (3) A consumer reporting agency that:
22            (A) acts only to resell credit information by
23        assembling and merging information contained in a
24        database of one or more consumer reporting agencies;
25        and
26            (B) does not maintain a permanent database of

 

 

HB5540 Engrossed- 1565 -LRB099 16003 AMC 40320 b

1        credit information from which new credit reports are
2        produced.
3    (q) For purposes of this Section:
4    "Credit report" has the same meaning as "consumer report",
5as ascribed to it in 15 U.S.C. Sec. 1681a(d).
6    "Consumer reporting agency" has the meaning ascribed to it
7in 15 U.S.C. Sec. 1681a(f).
8    "Security freeze" means a notice placed in a consumer's
9credit report, at the request of the consumer and subject to
10certain exceptions, that prohibits the consumer reporting
11agency from releasing the consumer's credit report or score
12relating to an extension of credit, without the express
13authorization of the consumer.
14     "Extension of credit" does not include an increase in an
15existing open-end credit plan, as defined in Regulation Z of
16the Federal Reserve System (12 C.F.R. 226.2), or any change to
17or review of an existing credit account.
18    "Proper authority" means documentation that shows that a
19parent, guardian, or agent has authority to act on behalf of a
20minor or person with a disability. "Proper authority" includes
21(1) an order issued by a court of law that shows that a
22guardian has authority to act on behalf of a minor or person
23with a disability, (2) a written, notarized statement signed by
24a parent that expressly describes the authority of the parent
25to act on behalf of the minor, or (3) a durable power of
26attorney that complies with the Illinois Power of Attorney Act.

 

 

HB5540 Engrossed- 1566 -LRB099 16003 AMC 40320 b

1    "Proper identification" means information generally deemed
2sufficient to identify a person. Only if the consumer is unable
3to reasonably identify himself or herself with the information
4described above, may a consumer reporting agency require
5additional information concerning the consumer's employment
6and personal or family history in order to verify his or her
7identity.
8    "Military service member" means a resident of Illinois who
9is a member of any component of the U.S. Armed Forces or the
10National Guard of any state, the District of Columbia, a
11commonwealth, or a territory of the United States who has
12entered any full-time training or duty for which the service
13member was ordered to report by the President, the governor of
14a state, commonwealth, or territory of the United States, or
15another appropriate military authority.
16    (r) Any person who violates this Section commits an
17unlawful practice within the meaning of this Act.
18(Source: P.A. 98-486, eff. 1-1-14; 98-756, eff. 7-16-14;
1999-143, eff. 7-27-15; 99-373, eff. 1-1-16; revised 10-21-15.)
 
20    Section 640. The Job Referral and Job Listing Services
21Consumer Protection Act is amended by changing Sections 5 and
2212 as follows:
 
23    (815 ILCS 630/5)  (from Ch. 121 1/2, par. 2005)
24    Sec. 5. Every Service shall be required to:

 

 

HB5540 Engrossed- 1567 -LRB099 16003 AMC 40320 b

1        (1) Keep and make available to the Attorney General
2    during regular business hours, and to the State's States
3    Attorney of any county in which the Service conducts
4    business the following records:
5            (a) All job listing authorizations received by the
6        Service during the immediate past year. Each such
7        authorization shall include:
8                (i) the date when such authorization was
9            received.
10                (ii) the name of the person recording the
11            authorization.
12                (iii) the name and address of the employer or
13            agent of the employer, making the authorization.
14                (iv) the job title and the qualifications
15            therefor.
16                (v) the salary offered or to be paid for such
17            job, if known.
18                (vi) the The duration of the job.
19            (b) Copies of all contracts, agreements or other
20        documents signed by job seekers, pursuant to Section 6
21        of this Act, for the immediate past year.
22            (c) Copies of all receipts for fee payments given
23        to each job seeker, pursuant to this Act, for the
24        immediate past year.
25            (d) A current schedule of fees charged.
26            (e) All other written information relative to the

 

 

HB5540 Engrossed- 1568 -LRB099 16003 AMC 40320 b

1        services provided to the job seeker.
2        (2) Furnish to each job seeker a copy of every written
3    instrument the job seeker has signed.
4        (3) Obtain a bona fide job order for employment prior
5    to collecting any fee from a job seeker or sending out a
6    job seeker to any place of employment.
7        (4) Furnish to each job seeker from whom a fee is
8    received, at the time payment is received, a receipt in
9    which shall be stated the name of the job seeker, the name
10    and address of the Service and its agent, the date and
11    amount of the fee and the purpose for which it was paid.
12        (5) Furnish to each job seeker, who is sent to a
13    prospective employer, with a card or similar paper stating
14    the nature of the prospective employment, the names of the
15    job seeker and prospective employer, and the address of the
16    employer.
17        (6) Verify each job listing authorization received
18    from the authorizing employer within 7 days following the
19    receipt or such authorization.
20        (7) Meet in person with a potential job seeker and
21    enter into a written contract before a job seeker provides
22    payment for a job list. A job list shall include, at a
23    minimum, the following information:
24            (a) name Name and address of the employer or agent
25        of the employer, making the authorization;
26            (b) job Job title and the qualifications therefor;

 

 

HB5540 Engrossed- 1569 -LRB099 16003 AMC 40320 b

1            (c) salary Salary offered or to be paid for such
2        job, if known;
3            (d) the The duration of the job;
4            (e) location Location of the job; and
5            (f) certification Certification that the position
6        has not been filled as of the date that such a list is
7        made available to the job seeker.
8        Said job list shall be considered deliverable under the
9    contract.
10(Source: P.A. 87-293; revised 10-19-15.)
 
11    (815 ILCS 630/12)  (from Ch. 121 1/2, par. 2012)
12    Sec. 12. Violation of any of the provisions of this Act is
13an unlawful practice pursuant to Section 2 of the Deceptive
14Business Practices Act, as now or hereafter amended. All
15remedies, penalties and authority granted to the Attorney
16General or a State's States Attorney by that Act shall be
17available to them for the enforcement of this Act. In any
18action brought by the Attorney General or a State's States
19Attorney to enforce this Act, the court may order that persons
20who incurred actual damages be awarded the amount of actual
21damages assessed.
22(Source: P.A. 85-1367; revised 10-21-15.)
 
23    Section 645. The Victims' Economic Security and Safety Act
24is amended by changing Section 905 as follows:
 

 

 

HB5540 Engrossed- 1570 -LRB099 16003 AMC 40320 b

1    (820 ILCS 180/905)
2    Sec. 905. Severability. If any provision of this Act or the
3application of such provision to any person or circumstance is
4held to be in violation of the United Unites States
5Constitution or Illinois Constitution, the remainder of the
6provisions of this Act and the application of those provisions
7to any person or circumstance shall not be affected.
8(Source: P.A. 93-591, eff. 8-25-03; revised 10-21-15.)
 
9    Section 650. The Workers' Compensation Act is amended by
10changing Section 14 as follows:
 
11    (820 ILCS 305/14)  (from Ch. 48, par. 138.14)
12    Sec. 14. The Commission shall appoint a secretary, an
13assistant secretary, and arbitrators and shall employ such
14assistants and clerical help as may be necessary. Arbitrators
15shall be appointed pursuant to this Section, notwithstanding
16any provision of the Personnel Code.
17    Each arbitrator appointed after June 28, 2011 shall be
18required to demonstrate in writing his or her knowledge of and
19expertise in the law of and judicial processes of the Workers'
20Compensation Act and the Workers' Occupational Diseases Act.
21    A formal training program for newly-hired arbitrators
22shall be implemented. The training program shall include the
23following:

 

 

HB5540 Engrossed- 1571 -LRB099 16003 AMC 40320 b

1        (a) substantive and procedural aspects of the
2    arbitrator position;
3        (b) current issues in workers' compensation law and
4    practice;
5        (c) medical lectures by specialists in areas such as
6    orthopedics, ophthalmology, psychiatry, rehabilitation
7    counseling;
8        (d) orientation to each operational unit of the
9    Illinois Workers' Compensation Commission;
10        (e) observation of experienced arbitrators conducting
11    hearings of cases, combined with the opportunity to discuss
12    evidence presented and rulings made;
13        (f) the use of hypothetical cases requiring the trainee
14    to issue judgments as a means to evaluating knowledge and
15    writing ability;
16        (g) writing skills;
17        (h) professional and ethical standards pursuant to
18    Section 1.1 of this Act;
19        (i) detection of workers' compensation fraud and
20    reporting obligations of Commission employees and
21    appointees;
22        (j) standards of evidence-based medical treatment and
23    best practices for measuring and improving quality and
24    health care outcomes in the workers' compensation system,
25    including but not limited to the use of the American
26    Medical Association's "Guides to the Evaluation of

 

 

HB5540 Engrossed- 1572 -LRB099 16003 AMC 40320 b

1    Permanent Impairment" and the practice of utilization
2    review; and
3        (k) substantive and procedural aspects of coal
4    workers' pneumoconiosis (black lung) cases.
5    A formal and ongoing professional development program
6including, but not limited to, the above-noted areas shall be
7implemented to keep arbitrators informed of recent
8developments and issues and to assist them in maintaining and
9enhancing their professional competence. Each arbitrator shall
10complete 20 hours of training in the above-noted areas during
11every 2 years such arbitrator shall remain in office.
12    Each arbitrator shall devote full time to his or her duties
13and shall serve when assigned as an acting Commissioner when a
14Commissioner is unavailable in accordance with the provisions
15of Section 13 of this Act. Any arbitrator who is an
16attorney-at-law shall not engage in the practice of law, nor
17shall any arbitrator hold any other office or position of
18profit under the United States or this State or any municipal
19corporation or political subdivision of this State.
20Notwithstanding any other provision of this Act to the
21contrary, an arbitrator who serves as an acting Commissioner in
22accordance with the provisions of Section 13 of this Act shall
23continue to serve in the capacity of Commissioner until a
24decision is reached in every case heard by that arbitrator
25while serving as an acting Commissioner.
26    Notwithstanding any other provision of this Section, the

 

 

HB5540 Engrossed- 1573 -LRB099 16003 AMC 40320 b

1term of all arbitrators serving on June 28, 2011 (the effective
2date of Public Act 97-18) this amendatory Act of the 97th
3General Assembly, including any arbitrators on administrative
4leave, shall terminate at the close of business on July 1,
52011, but the incumbents shall continue to exercise all of
6their duties until they are reappointed or their successors are
7appointed.
8    On and after June 28, 2011 (the effective date of Public
9Act 97-18) this amendatory Act of the 97th General Assembly,
10arbitrators shall be appointed to 3-year terms as follows:
11        (1) All appointments shall be made by the Governor with
12    the advice and consent of the Senate.
13        (2) For their initial appointments, 12 arbitrators
14    shall be appointed to terms expiring July 1, 2012; 12
15    arbitrators shall be appointed to terms expiring July 1,
16    2013; and all additional arbitrators shall be appointed to
17    terms expiring July 1, 2014. Thereafter, all arbitrators
18    shall be appointed to 3-year terms.
19    Upon the expiration of a term, the Chairman shall evaluate
20the performance of the arbitrator and may recommend to the
21Governor that he or she be reappointed to a second or
22subsequent term by the Governor with the advice and consent of
23the Senate.
24    Each arbitrator appointed on or after June 28, 2011 (the
25effective date of Public Act 97-18) this amendatory Act of the
2697th General Assembly and who has not previously served as an

 

 

HB5540 Engrossed- 1574 -LRB099 16003 AMC 40320 b

1arbitrator for the Commission shall be required to be
2authorized to practice law in this State by the Supreme Court,
3and to maintain this authorization throughout his or her term
4of employment.
5    The performance of all arbitrators shall be reviewed by the
6Chairman on an annual basis. The Chairman shall allow input
7from the Commissioners in all such reviews.
8    The Commission shall assign no fewer than 3 arbitrators to
9each hearing site. The Commission shall establish a procedure
10to ensure that the arbitrators assigned to each hearing site
11are assigned cases on a random basis. No arbitrator shall hear
12cases in any county, other than Cook County, for more than 2
13years in each 3-year term.
14    The Secretary and each arbitrator shall receive a per annum
15salary of $4,000 less than the per annum salary of members of
16The Illinois Workers' Compensation Commission as provided in
17Section 13 of this Act, payable in equal monthly installments.
18    The members of the Commission, Arbitrators and other
19employees whose duties require them to travel, shall have
20reimbursed to them their actual traveling expenses and
21disbursements made or incurred by them in the discharge of
22their official duties while away from their place of residence
23in the performance of their duties.
24    The Commission shall provide itself with a seal for the
25authentication of its orders, awards and proceedings upon which
26shall be inscribed the name of the Commission and the words

 

 

HB5540 Engrossed- 1575 -LRB099 16003 AMC 40320 b

1"Illinois--Seal".
2    The Secretary or Assistant Secretary, under the direction
3of the Commission, shall have charge and custody of the seal of
4the Commission and also have charge and custody of all records,
5files, orders, proceedings, decisions, awards and other
6documents on file with the Commission. He shall furnish
7certified copies, under the seal of the Commission, of any such
8records, files, orders, proceedings, decisions, awards and
9other documents on file with the Commission as may be required.
10Certified copies so furnished by the Secretary or Assistant
11Secretary shall be received in evidence before the Commission
12or any Arbitrator thereof, and in all courts, provided that the
13original of such certified copy is otherwise competent and
14admissible in evidence. The Secretary or Assistant Secretary
15shall perform such other duties as may be prescribed from time
16to time by the Commission.
17(Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12; 98-40,
18eff. 6-28-13; revised 10-21-15.)
 
19    Section 995. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.
 

 

 

HB5540 Engrossed- 1576 -LRB099 16003 AMC 40320 b

1    Section 996. No revival or extension. This Act does not
2revive or extend any Section or Act otherwise repealed.
 
3    Section 999. Effective date. This Act takes effect upon
4becoming law.

 

 

HB5540 Engrossed- 1577 -LRB099 16003 AMC 40320 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.36
4    5 ILCS 80/4.26 rep.
5    5 ILCS 100/5-45from Ch. 127, par. 1005-45
6    5 ILCS 120/2from Ch. 102, par. 42
7    5 ILCS 140/7from Ch. 116, par. 207
8    5 ILCS 140/7.5
9    5 ILCS 140/11from Ch. 116, par. 211
10    5 ILCS 160/9from Ch. 116, par. 43.12
11    5 ILCS 165/2from Ch. 116, par. 102
12    5 ILCS 220/3.5from Ch. 127, par. 743.5
13    10 ILCS 5/10-10from Ch. 46, par. 10-10
14    10 ILCS 5/11-6from Ch. 46, par. 11-6
15    10 ILCS 5/19-12.1from Ch. 46, par. 19-12.1
16    15 ILCS 310/10afrom Ch. 124, par. 110a
17    15 ILCS 335/2from Ch. 124, par. 22
18    15 ILCS 335/4from Ch. 124, par. 24
19    15 ILCS 335/14Cfrom Ch. 124, par. 34C
20    20 ILCS 301/5-23
21    20 ILCS 505/7from Ch. 23, par. 5007
22    20 ILCS 605/605-817was 20 ILCS 605/46.19k
23    20 ILCS 805/805-305was 20 ILCS 805/63a23
24    20 ILCS 862/34
25    20 ILCS 1305/1-17

 

 

HB5540 Engrossed- 1578 -LRB099 16003 AMC 40320 b

1    20 ILCS 1305/1-42
2    20 ILCS 1410/15
3    20 ILCS 2105/2105-15
4    20 ILCS 2310/2310-685
5    20 ILCS 2310/2310-690
6    20 ILCS 2407/52
7    20 ILCS 2630/5.2
8    20 ILCS 2705/2705-565
9    20 ILCS 2705/2705-605
10    20 ILCS 2805/2.01from Ch. 126 1/2, par. 67.01
11    20 ILCS 3405/16from Ch. 127, par. 2716
12    20 ILCS 3860/20
13    20 ILCS 3960/12from Ch. 111 1/2, par. 1162
14    20 ILCS 3960/14.1
15    20 ILCS 5010/10
16    30 ILCS 105/5.866
17    30 ILCS 105/5.867
18    30 ILCS 105/5.868
19    30 ILCS 105/5.869
20    30 ILCS 105/5.870
21    30 ILCS 105/5.871
22    30 ILCS 105/5.872
23    30 ILCS 105/5.873
24    30 ILCS 575/2
25    30 ILCS 575/4f
26    30 ILCS 805/8.39

 

 

HB5540 Engrossed- 1579 -LRB099 16003 AMC 40320 b

1    35 ILCS 5/304from Ch. 120, par. 3-304
2    35 ILCS 5/507DDD
3    35 ILCS 110/3-10from Ch. 120, par. 439.33-10
4    35 ILCS 115/3-10from Ch. 120, par. 439.103-10
5    35 ILCS 200/9-195
6    35 ILCS 200/15-168
7    35 ILCS 200/15-169
8    35 ILCS 200/15-172
9    35 ILCS 200/15-175
10    35 ILCS 640/2-10
11    40 ILCS 5/7-172.1from Ch. 108 1/2, par. 7-172.1
12    40 ILCS 5/16-152from Ch. 108 1/2, par. 16-152
13    50 ILCS 470/10
14    50 ILCS 470/40
15    50 ILCS 705/7from Ch. 85, par. 507
16    50 ILCS 705/10.17
17    50 ILCS 705/10.18
18    50 ILCS 706/10-10
19    50 ILCS 706/10-20
20    50 ILCS 750/75
21    55 ILCS 5/3-3013from Ch. 34, par. 3-3013
22    55 ILCS 5/3-8007from Ch. 34, par. 3-8007
23    55 ILCS 5/3-9005from Ch. 34, par. 3-9005
24    55 ILCS 5/5-1006.5
25    55 ILCS 5/5-1006.7
26    55 ILCS 5/5-12020

 

 

HB5540 Engrossed- 1580 -LRB099 16003 AMC 40320 b

1    55 ILCS 5/6-1003from Ch. 34, par. 6-1003
2    55 ILCS 85/10from Ch. 34, par. 7010
3    65 ILCS 5/8-11-1.6
4    65 ILCS 5/11-13-26
5    70 ILCS 200/170-50
6    70 ILCS 200/240-50
7    70 ILCS 750/25
8    70 ILCS 1835/22from Ch. 19, par. 722
9    70 ILCS 3610/5from Ch. 111 2/3, par. 355
10    70 ILCS 3615/4.03from Ch. 111 2/3, par. 704.03
11    70 ILCS 3720/4from Ch. 111 2/3, par. 254
12    105 ILCS 5/2-3.25afrom Ch. 122, par. 2-3.25a
13    105 ILCS 5/2-3.25ffrom Ch. 122, par. 2-3.25f
14    105 ILCS 5/2-3.64a-5
15    105 ILCS 5/2-3.163
16    105 ILCS 5/2-3.164
17    105 ILCS 5/2-3.165
18    105 ILCS 5/2-3.166
19    105 ILCS 5/5-2.2
20    105 ILCS 5/10-17afrom Ch. 122, par. 10-17a
21    105 ILCS 5/10-20.56
22    105 ILCS 5/10-20.57
23    105 ILCS 5/10-29
24    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02
25    105 ILCS 5/19-1
26    105 ILCS 5/21B-20

 

 

HB5540 Engrossed- 1581 -LRB099 16003 AMC 40320 b

1    105 ILCS 5/21B-45
2    105 ILCS 5/22-30
3    105 ILCS 5/22-80
4    105 ILCS 5/22-81
5    105 ILCS 5/27-8.1from Ch. 122, par. 27-8.1
6    105 ILCS 5/27-24.2from Ch. 122, par. 27-24.2
7    105 ILCS 5/27A-5
8    105 ILCS 5/32-5from Ch. 122, par. 32-5
9    105 ILCS 5/34-2.4from Ch. 122, par. 34-2.4
10    105 ILCS 5/34-8.1from Ch. 122, par. 34-8.1
11    110 ILCS 305/9from Ch. 144, par. 30
12    205 ILCS 305/46from Ch. 17, par. 4447
13    205 ILCS 620/5-10.5
14    210 ILCS 5/6.5
15    210 ILCS 30/6from Ch. 111 1/2, par. 4166
16    210 ILCS 45/1-113from Ch. 111 1/2, par. 4151-113
17    210 ILCS 45/2-201.5
18    210 ILCS 45/3-702from Ch. 111 1/2, par. 4153-702
19    210 ILCS 46/2-104.2
20    210 ILCS 47/1-101.05
21    210 ILCS 47/1-113
22    210 ILCS 85/6.09from Ch. 111 1/2, par. 147.09
23    210 ILCS 85/10.2from Ch. 111 1/2, par. 151.2
24    210 ILCS 85/10.7
25    210 ILCS 110/4from Ch. 111 1/2, par. 185.4
26    210 ILCS 110/6from Ch. 111 1/2, par. 185.6

 

 

HB5540 Engrossed- 1582 -LRB099 16003 AMC 40320 b

1    210 ILCS 145/80from Ch. 111 1/2, par. 8351-80
2    215 ILCS 5/131.4from Ch. 73, par. 743.4
3    215 ILCS 5/143afrom Ch. 73, par. 755a
4    215 ILCS 5/147.1from Ch. 73, par. 759.1
5    215 ILCS 5/356gfrom Ch. 73, par. 968g
6    215 ILCS 5/356z.2
7    215 ILCS 5/460from Ch. 73, par. 1065.7
8    215 ILCS 5/512.59from Ch. 73, par. 1065.59-59
9    215 ILCS 5/902from Ch. 73, par. 1065.602
10    215 ILCS 5/1202from Ch. 73, par. 1065.902
11    220 ILCS 5/13-703from Ch. 111 2/3, par. 13-703
12    220 ILCS 5/16-108.5
13    225 ILCS 5/18from Ch. 111, par. 7618
14    225 ILCS 10/2.06from Ch. 23, par. 2212.06
15    225 ILCS 37/130
16    225 ILCS 61/5
17    225 ILCS 65/50-10was 225 ILCS 65/5-10
18    225 ILCS 85/19.1
19    225 ILCS 90/1from Ch. 111, par. 4251
20    225 ILCS 106/10
21    225 ILCS 106/115
22    225 ILCS 125/125
23    225 ILCS 410/2-4from Ch. 111, par. 1702-4
24    225 ILCS 425/2.04from Ch. 111, par. 2005.1
25    225 ILCS 645/9from Ch. 111, par. 409
26    230 ILCS 15/1from Ch. 85, par. 2301

 

 

HB5540 Engrossed- 1583 -LRB099 16003 AMC 40320 b

1    230 ILCS 25/1.3
2    235 ILCS 5/1-3.40
3    235 ILCS 5/1-3.42
4    235 ILCS 5/5-1from Ch. 43, par. 115
5    235 ILCS 5/6-4from Ch. 43, par. 121
6    235 ILCS 5/6-11
7    240 ILCS 40/15-10
8    305 ILCS 5/5-5from Ch. 23, par. 5-5
9    305 ILCS 5/5-5e
10    305 ILCS 5/5-16.8
11    305 ILCS 5/5-30
12    305 ILCS 5/10-25
13    305 ILCS 5/10-25.5
14    320 ILCS 20/8from Ch. 23, par. 6608
15    325 ILCS 5/7.8
16    405 ILCS 5/6-103.2
17    405 ILCS 30/Act title
18    405 ILCS 80/2-3from Ch. 91 1/2, par. 1802-3
19    405 ILCS 80/5-1from Ch. 91 1/2, par. 1805-1
20    410 ILCS 70/5from Ch. 111 1/2, par. 87-5
21    410 ILCS 130/45
22    410 ILCS 305/3from Ch. 111 1/2, par. 7303
23    410 ILCS 325/5.5from Ch. 111 1/2, par. 7405.5
24    410 ILCS 625/3.3
25    415 ILCS 5/3.330was 415 ILCS 5/3.32
26    415 ILCS 5/22.55

 

 

HB5540 Engrossed- 1584 -LRB099 16003 AMC 40320 b

1    415 ILCS 5/39from Ch. 111 1/2, par. 1039
2    415 ILCS 65/7from Ch. 5, par. 857
3    415 ILCS 97/10
4    415 ILCS 105/11from Ch. 38, par. 86-11
5    425 ILCS 35/1from Ch. 127 1/2, par. 127
6    430 ILCS 50/4from Ch. 127, par. 1254
7    430 ILCS 65/1.1from Ch. 38, par. 83-1.1
8    505 ILCS 25/7from Ch. 5, par. 1407
9    505 ILCS 35/2-2from Ch. 5, par. 2402-2
10    510 ILCS 5/15from Ch. 8, par. 365
11    510 ILCS 68/80-5
12    510 ILCS 70/3.01from Ch. 8, par. 703.01
13    520 ILCS 5/2.26from Ch. 61, par. 2.26
14    520 ILCS 5/2.33from Ch. 61, par. 2.33
15    520 ILCS 5/3.31from Ch. 61, par. 3.31
16    625 ILCS 5/3-415from Ch. 95 1/2, par. 3-415
17    625 ILCS 5/3-616from Ch. 95 1/2, par. 3-616
18    625 ILCS 5/3-626
19    625 ILCS 5/3-801from Ch. 95 1/2, par. 3-801
20    625 ILCS 5/3-806.3from Ch. 95 1/2, par. 3-806.3
21    625 ILCS 5/3-818from Ch. 95 1/2, par. 3-818
22    625 ILCS 5/6-106.1from Ch. 95 1/2, par. 6-106.1
23    625 ILCS 5/6-115from Ch. 95 1/2, par. 6-115
24    625 ILCS 5/6-118
25    625 ILCS 5/6-205
26    625 ILCS 5/6-206

 

 

HB5540 Engrossed- 1585 -LRB099 16003 AMC 40320 b

1    625 ILCS 5/6-208from Ch. 95 1/2, par. 6-208
2    625 ILCS 5/6-302from Ch. 95 1/2, par. 6-302
3    625 ILCS 5/11-501.01
4    625 ILCS 5/11-605.1
5    625 ILCS 5/12-215from Ch. 95 1/2, par. 12-215
6    625 ILCS 5/15-316from Ch. 95 1/2, par. 15-316
7    705 ILCS 405/2-10from Ch. 37, par. 802-10
8    705 ILCS 405/3-12from Ch. 37, par. 803-12
9    705 ILCS 405/5-530
10    720 ILCS 5/7-5.5
11    720 ILCS 5/10-2from Ch. 38, par. 10-2
12    720 ILCS 5/11-1.30was 720 ILCS 5/12-14
13    720 ILCS 5/11-21from Ch. 38, par. 11-21
14    720 ILCS 5/12-2from Ch. 38, par. 12-2
15    720 ILCS 5/12-4.4a
16    720 ILCS 5/24-3from Ch. 38, par. 24-3
17    720 ILCS 5/26-1from Ch. 38, par. 26-1
18    720 ILCS 570/102from Ch. 56 1/2, par. 1102
19    720 ILCS 570/302from Ch. 56 1/2, par. 1302
20    725 ILCS 5/111-8from Ch. 38, par. 111-8
21    725 ILCS 5/115-17b
22    725 ILCS 120/3from Ch. 38, par. 1403
23    725 ILCS 245/2from Ch. 38, par. 155-22
24    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
25    730 ILCS 5/5-4-3b
26    730 ILCS 5/5-5-3.1from Ch. 38, par. 1005-5-3.1

 

 

HB5540 Engrossed- 1586 -LRB099 16003 AMC 40320 b

1    730 ILCS 5/5-5-3.2
2    730 ILCS 5/5-5.5-5
3    730 ILCS 5/5-6-3.1from Ch. 38, par. 1005-6-3.1
4    735 ILCS 5/2-1401from Ch. 110, par. 2-1401
5    735 ILCS 5/3-102from Ch. 110, par. 3-102
6    735 ILCS 5/12-654from Ch. 110, par. 12-654
7    740 ILCS 110/12from Ch. 91 1/2, par. 812
8    740 ILCS 130/4.1
9    750 ILCS 5/513from Ch. 40, par. 513
10    750 ILCS 22/102was 750 ILCS 22/101
11    750 ILCS 50/1from Ch. 40, par. 1501
12    750 ILCS 50/18.06
13    750 ILCS 60/214from Ch. 40, par. 2312-14
14    750 ILCS 60/227from Ch. 40, par. 2312-27
15    755 ILCS 5/11a-4from Ch. 110 1/2, par. 11a-4
16    755 ILCS 5/11a-10from Ch. 110 1/2, par. 11a-10
17    755 ILCS 5/11a-18from Ch. 110 1/2, par. 11a-18
18    765 ILCS 605/18from Ch. 30, par. 318
19    775 ILCS 5/2-104from Ch. 68, par. 2-104
20    775 ILCS 5/3-102from Ch. 68, par. 3-102
21    775 ILCS 5/3-105from Ch. 68, par. 3-105
22    775 ILCS 5/8-101from Ch. 68, par. 8-101
23    775 ILCS 5/9-102from Ch. 68, par. 9-102
24    805 ILCS 105/113.50from Ch. 32, par. 113.50
25    815 ILCS 137/10
26    815 ILCS 365/2from Ch. 121 1/2, par. 1502

 

 

HB5540 Engrossed- 1587 -LRB099 16003 AMC 40320 b

1    815 ILCS 435/2from Ch. 96 1/2, par. 5802
2    815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z
3    815 ILCS 505/2MM
4    815 ILCS 630/5from Ch. 121 1/2, par. 2005
5    815 ILCS 630/12from Ch. 121 1/2, par. 2012
6    820 ILCS 180/905
7    820 ILCS 305/14from Ch. 48, par. 138.14